senate Bill S2736A

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts; repealer

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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

  • 31 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 11 / Jan / 2012
    • PRINT NUMBER 2736A

Summary

Relates to requiring the state to fund certain programs mandated for municipal corporations and school districts.

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Bill Details

Versions:
S2736
S2736A
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add §25, Gen Muni L; rpld §1950 sub 4 ¶d sub¶ 2-a, §3602 sub 26-a ¶d, §3602-e sub 13, §4402 sub 1 ¶b sub¶ 5 clause (e), §4452 sub 1 ¶b, amd §§101-b, 215-b, 806, 1950, 2201 & 282, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S1476

Sponsor Memo

BILL NUMBER:S2736A

TITLE OF BILL:
An act
to amend the general municipal law and the education law, in
relation to requiring the state to fund certain programs mandated for
municipal corporations and school districts; and to amend the education
law, in relation to the effect of mandates on school districts; to amend
the education law, in relation to the streamlining of planning and
reporting requirements for school districts and boards of cooperative
educational services; to repeal subparagraph 2-a of paragraph d of
subdivision 4 of section 1950 of such law relating to demonstration of
cost-effectiveness of instructional and non-instructional technology
acquired by component school districts through a board of cooperative
educational services; to repeal paragraph d of subdivision 26-a of
section 3602 of such law relating to a plan for use of instructional
computer technology equipment; to repeal subdivision 13 of section
3602-e of such law relating to annual reports on universal
prekindergarten programs; to repeal clause (e) of subparagraph 5 of
paragraph b of subdivision 1 of section 4402 of such law relating to
annual reports on transition of students with disabilities; to
repeal paragraph b of subdivision 1 of section 4452 of such law relating
to submission of a plan for the identification and education of gifted
pupils;
and in relation to a demonstration program in the city school district
of the city of Syracuse

PURPOSE:
This bill would require that any state mandate imposing a cost upon a
school district may not be imposed after the adoption of a school
budget. This provision allows school districts to plan for and
incorporate a new state imposed mandate in their upcoming school
budget. In addition, This legislation would require any state
mandated program imposed on municipalities or school districts, which
created an annual net additional cost in excess of $10,000 or an
aggregate annual net additional cost in excess of $1 million to be
funded by the state. Lastly, the intent of this bill is to streamline
planning and reporting requirements placed on school districts and
boards of cooperative educational services (BOCES) by reducing
duplication and burdensome separate reporting systems. The bill gives
the Commissioner of Education the responsibility to reduce the
paperwork burden on schools, conforms state planning and reporting
requirements to federal requirements, and defines the purposes of
school district planning and reporting.

SUMMARY OF PROVISIONS:
Section 1 Legislative intent.
Section 2 amends the General Municipal Law by adding a new section 25.
Section 3 amends the Education Law by adding a new section 1527-a.
Section 4 amends the Education Law by adding a new section 308-a.
Sections 5-21 amend provisions of law to implement the "School

Paperwork Elimination and Reduction Act of 2012."
Section 22 sets forth the effective date.

EXISTING LAW:
Over the last several years, the State Legislature has been
particularly sensitive to school districts' concerns regarding the
imposition of unfunded state mandates, however, the federal
government and the State Education Department continue to impose new
fiscal requirements on public schools without regard to their ability
to plan fin the fiscal implications. Without adequate funding and
time to plan for unforeseen costs, school districts have, at times,
been forced to reduce programs, services and personnel to contend
with new unfunded mandates imposed by the state.

In order to ensure that school districts and taxpayers do not have to
contend with costly new mandates once a school budget has been
adopted, this legislation provides schools with the time to adjust
and plan for any new state mandates imposing a cost, on a school
district.

State mandated programs, unlike local service decisions, place local
taxpayers and local officials in the position of paying for services
that they do not control. Increasingly, the state has set local
priorities and forced municipal taxing decisions by mandating
services, programs and standards.
As a result, many local governments and school districts are today in
an acutely difficult fiscal situation. Thus, in order to prevent
irresponsible state actions which prevent localities from making
their own decisions, and which force unwanted local property tax
increases, it is necessary to ensure that state mandates will not be
forced on localities and school districts, unless they are adequately
funded.

To carry out this intent and reduce the paperwork burden on school
districts and BOCES, the bill would eliminate or streamline various
specific reporting requirements currently imposed by statute on BOCES
and school districts which will allow for a greater usage of time and
energy on the instruction of children.

LEGISLATIVE HISTORY:
2009-10: S.1476 - Referred to Local Government
2008: S.8519 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                 2736--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government 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 general municipal law  and  the  education  law,  in
  relation  to requiring the state to fund certain programs mandated for
  municipal corporations and school districts; and to amend  the  educa-
  tion  law,  in relation to the effect of mandates on school districts;
  to amend the education law, in relation to the streamlining  of  plan-
  ning  and  reporting  requirements  for school districts and boards of
  cooperative educational services; to repeal subparagraph 2-a of  para-
  graph  d  of  subdivision  4  of  section 1950 of such law relating to
  demonstration of cost-effectiveness of instructional and  non-instruc-
  tional  technology  acquired  by  component school districts through a
  board of cooperative educational services; to repeal  paragraph  d  of
  subdivision  26-a  of  section 3602 of such law relating to a plan for
  use of instructional computer technology equipment; to repeal subdivi-
  sion 13 of section 3602-e of such law relating to  annual  reports  on
  universal  prekindergarten  programs; to repeal clause (e) of subpara-
  graph 5 of paragraph b of subdivision 1 of section 4402  of  such  law
  relating  to  annual  reports on transition of students with disabili-
  ties; to repeal paragraph b of subdivision 1 of section 4452  of  such
  law relating to submission of a plan for the identification and educa-
  tion  of  gifted pupils; and in relation to a demonstration program in
  the city school district of the city of Syracuse

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

  Section  1.  Legislative intent. State mandated programs, unlike local
service decisions, place local taxpayers  and  local  officials  in  the
position  of paying for services that they do not control. Increasingly,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05594-07-2

S. 2736--A                          2

however, the state has set local priorities and forced municipal  taxing
decisions  by  mandating services, programs, and standards. As a result,
many local governments and school districts  are  today  in  an  acutely
difficult fiscal situation.
  Thus,  in  order  to prevent irresponsible state actions which prevent
localities from making their own decisions,  and  which  force  unwanted
local  property  tax  increases,  it  is  necessary to ensure that state
mandates will not be forced on localities and  school  districts  unless
they are adequately funded.
  S  2.  The general municipal law is amended by adding a new section 25
to read as follows:
  S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED  IN  THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL  CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED  TO
PROVIDE,  THEREBY  RESULTING  IN  A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING  IN  A  NET  ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT  ON  ACCOUNT  OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM  OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2. FUNDING OF  MUNICIPAL  CORPORATION  MANDATES.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  NO  UNFUNDED  MANDATE SHALL BE ENACTED WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY  MUNICIPAL  CORPORATION  IN
EXCESS  OF  TEN  THOUSAND  DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL
COST TO ALL MUNICIPAL CORPORATIONS IN EXCESS OF ONE MILLION DOLLARS.
  3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT.  (A)  THE  STATE  SHALL  NOT BE REQUIRED TO FUND ANY NEW OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;

S. 2736--A                          3

  (II) THE MANDATE IS PROVIDED AT THE OPTION  OF  THE  LOCAL  GOVERNMENT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED  ON  MUNICIPAL  CORPORATIONS  SHALL  BE
CONSISTENT  WITH  THE  NEEDS  OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S  3.  The  education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL  LAWS  OR  PURSUANT  TO  THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN  EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND

S. 2736--A                          4

  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  SCHOOL  DISTRICT  MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES  AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT IN EXCESS OF TEN THOU-
SAND  DOLLARS  OR  AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL SCHOOL
DISTRICTS IN EXCESS OF ONE MILLION DOLLARS.
  3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES  REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED  AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE SPECIFIED IN THE STATUTE, AND THE  STATUTE  IMPOSES  COSTS  ONLY
UPON  THAT  SCHOOL  DISTRICT  WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  (B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT  THE  EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH  THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S 4. The education law is amended by adding a  new  section  308-a  to
read as follows:
  S  308-A.  SPECIAL  PROVISIONS;  MANDATES. 1. AS USED IN THIS SECTION,
"MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION  WHICH  CREATES  A
NEW  PROGRAM  OR  REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING
PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER  BY  SPECIAL  LAWS  OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE, OR
  (B)  ANY  GENERAL  LAW  WHICH  GRANTS  A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2.  IN  THE  EVENT  THAT  A MANDATE WHICH IMPOSES A COST UPON A SCHOOL
DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH  MANDATE
SHALL  NOT BE IMPLEMENTED UNTIL THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL
BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER  OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR

S. 2736--A                          5

EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE  COSTS  MANDATED  BY  THE
FEDERAL GOVERNMENT.
  S  5.  Short title.  Sections five through twenty of this act shall be
known and  may  be  cited  as  "the  school  paperwork  elimination  and
reduction act of 2012".
  S  6.  Legislative findings. The legislature hereby finds and declares
that the current required planning and reporting requirements for school
districts and BOCES have  become  excessive,  resulting  in  significant
administrative  burdens.  The legislature further finds that the commis-
sioner of education provided the legislature and  the  division  of  the
budget  on  June 1, 2003, with a report entitled "A Proposal on Planning
and Reporting by New York State School Districts for the  Strategic  Use
of School Resources for School Improvement" which included a proposal to
replace  existing planning and reporting requirements with a new compre-
hensive streamlined reporting system.
  The legislature further finds that sections  five  through  twenty  of
this  act  implements  those portions of the commissioner of education's
report which addressed state statutorily required planning and reporting
requirements by eliminating such requirements and by reducing the  scope
of  other  statutorily required planning and reporting requirements. The
legislature further finds that the creation of a comprehensive  planning
and  reporting system is a necessary component to the reduction of scope
and elimination of certain existing planning and reporting requirements.
  S 7. Section 101-b of the education law, as added by  chapter  378  of
the laws of 2010, is amended to read as follows:
  S  101-b.  Paperwork  reduction.  1. [The] IT SHALL BE THE DUTY OF THE
commissioner [shall be authorized to receive and accept reports,  plans,
applications  and all other information required to be reported by stat-
ute or regulation  through  electronic  means.  The  commissioner  shall
accept  hard  copy  non-electronic  filings or submissions if the school
district  is  able  to  demonstrate  that  complying   with   electronic
submission  requirements  would  create  undue  hardship  for the school
district or some other good cause  exists  that  would  make  electronic
submission extremely impractical for the school district.] TO REDUCE THE
PAPER  WORK  BURDEN ON SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL  SERVICES  BY  ELIMINATING  AND  AVOIDING  DUPLICATIVE  REPORTING
REQUIREMENTS  WHEREVER POSSIBLE, AND BY CONSOLIDATING PLANS, REPORTS AND
APPLICATIONS, WHERE POSSIBLE, WHILE FOCUSING PLANNING AND  REPORTING  ON
RESULTS  RATHER  THAN  THE  PROCESSES  TO ACHIEVE THEM. THE COMMISSIONER
SHALL CONFORM STATE  REPORTING  AND  PLANNING  REQUIREMENTS  TO  FEDERAL
REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK FEDERAL WAIVERS WHERE NEED-
ED TO ALIGN STATE AND FEDERAL REQUIREMENTS.
  2.  [It  shall  be the duty of the commissioner to review all existing
reports and plans that school districts and boards of cooperative educa-
tional services are required to submit and by November first, two  thou-
sand  ten,  the  commissioner  shall submit to the board of regents, the
governor, the speaker of the assembly, the temporary  president  of  the
senate,  the  director  of  the  budget and the chairs of the respective
fiscal and education committees of  the  senate  and  assembly  specific
recommendations   to  eliminate  unnecessary  or  duplicative  reporting
requirements;  and  where  possible,  recommendations   to   consolidate
reports,  plans  and  other  information required to be submitted to the
commissioner including which recommendations could be implemented admin-
istratively  and  which  would  require  statutory  authorization.]  THE
COMMISSIONER  SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND APPLICATIONS
REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS  OF  COOPERATIVE  EDUCA-

S. 2736--A                          6

TIONAL  SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELECTRONIC DATA
COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT REPORTING, CONNECT PLANNING
AND REPORTING, AND WHICH FOCUS ON COLLECTING DATA AND REQUIRING PLANNING
ONLY WHEN NECESSARY TO ASSURE FISCAL AND PROGRAMMATIC ACCOUNTABILITY, TO
FOSTER  CONTINUOUS  SCHOOL  IMPROVEMENT AND CLOSE THE GAP BETWEEN ACTUAL
AND DESIRED STUDENT ACHIEVEMENT, AND TO ASSURE SCHOOLS  PROVIDE  A  SAFE
AND  SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH AND SAFETY OF STUDENTS
AND STAFF. SUCH SYSTEMS SHALL MATCH OVERSIGHT WITH THE DEGREE OF RISK BY
LINKING PLANNING AND REPORTING TO THE  STATE  SYSTEM  OF  ACCOUNTABILITY
REQUIRED  UNDER  FEDERAL LAW, PROVIDING FOR AN AUDIT BASED ASSESSMENT OF
RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL  PERFORMANCE  OR  IMPROPER
MANAGEMENT  OR  USE  OF  PUBLIC  FUNDS. THE COMMISSIONER SHALL ESTABLISH
PARTNERSHIPS WITH SELECTED SCHOOL DISTRICTS AND  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES  TO  PROMOTE  BETTER  USE OF REQUIRED PLANNING AND
REPORTING AND SHALL ASSURE  THAT  REPORTING  REQUIREMENTS  INCLUDE  DATA
WHICH  CAN  BE  USED  TO IDENTIFY BEST PRACTICES. THE COMMISSIONER SHALL
PROVIDE FOR THE SHARING OF  EFFECTIVE  PLANNING  PRACTICES  WITH  SCHOOL
DISTRICTS  AND,  TO  THE  EXTENT  PRACTICABLE,  SHALL  PROVIDE TECHNICAL
ASSISTANCE ON THE USE OF DATA FOR PLANNING, INVOLVE  BOARDS  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  AND  INSTITUTIONS  OF  HIGHER EDUCATION IN
PROVIDING TRAINING ON THE USE OF DATA FOR STRATEGIC PLANNING  TO  SUPER-
INTENDENTS  OF  SCHOOLS, SCHOOL BUSINESS OFFICIALS AND TEACHERS, PROVIDE
FOR TRAINING ON THE USE OF DATA IN PLANNING TO SCHOOL BOARD MEMBERS  AND
INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION.
  S  8. Section 215-b of the education law, as amended by chapter 301 of
the laws of 1996, is amended to read as follows:
  S 215-b. Annual report by commissioner to  governor  and  legislature.
The commissioner shall prepare and submit to the governor, the president
pro  tem  of  the  senate and the speaker of the assembly not later than
January first, nineteen hundred ninety-six and by the first day of Janu-
ary in each year  thereafter,  a  report  detailing  the  financial  and
statistical outcomes of boards of cooperative educational services which
shall[,  at  minimum,]  set  forth  with respect to the preceding school
year[: tuition costs for selected  programs;  standard  per  pupil  cost
information for selected services as determined by the commissioner; and
aggregate expenditure data for the following categories: administration,
instructional  services,  career  education, special education, rent and
facilities and other services; and  such  other  information  as  deemed
appropriate]  INFORMATION  NECESSARY  TO  ASSURE  THE  ACCOUNTABILITY OF
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FOR ITS FISCAL  AND  PROGRAM-
MATIC  RESOURCES,  AS  SET  FORTH IN REGULATIONS TO BE PRESCRIBED by the
commissioner. The format for such report shall be developed in consulta-
tion with school district officials and the director of the budget. Such
report will include changes from the year prior to the report  year  for
each such item for all boards of cooperative educational services.  Such
report  shall be distributed to all school districts and boards of coop-
erative educational services and shall be made available  to  all  other
interested parties upon request.
  S  9. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
  2. The regents shall determine the subjects to  be  included  in  such
courses  of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the  grades
in such subjects.  [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into  effect  the  teaching  of the courses of instruction prescribed by

S. 2736--A                          7

this section.  The commissioner of education shall  be  responsible  for
the  enforcement  of  such  section  and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may,  in  his  discretion,  cause  all or a portion of the public school
money to be apportioned to a district or city to be withheld for failure
of the school authorities of such district or city to  provide  instruc-
tion  in such courses and to compel attendance upon such instruction, as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
  S 10. Subparagraph 1 of paragraph b of subdivision 4 of  section  1950
of  the education law, as amended by chapter 474 of the laws of 1996, is
amended to read as follows:
  (1) Prepare, prior to the annual meeting of members of the  boards  of
education  and  school trustees, held as provided in paragraph o of this
subdivision, a tentative budget of expenditures for the program costs, a
tentative budget for capital costs,  and  a  tentative  budget  for  the
administration  costs  of the board of cooperative educational services.
Such budgets shall include the proposed budget for the  upcoming  school
year,  the  previous  school  year's actual costs and the current school
year's projected costs for each object  of  expenditure.  Such  program,
capital  and  administrative  budgets  shall be separately delineated in
accordance with the definition of program,  capital  and  administrative
costs  which shall be promulgated by the commissioner after consultation
with school district officials and the director of the budget.  Personal
service  costs  for  each  budget  shall include the number of full-time
equivalent positions funded and total salary and, except as noted  here-
in,  fringe  benefit  costs  for such positions by program. Each program
budget shall also include the local and statewide  unit  costs  of  such
programs and services proposed for the upcoming school year, such actual
unit  costs  for the previous school year, and the current school year's
projected unit costs, all established in accordance with paragraph d  of
this subdivision. The capital budget shall include facility construction
and  lease  expenditures authorized pursuant to paragraphs p, t and u of
this subdivision, payments for the repayment of indebtedness related  to
capital projects, payments for the acquisition or construction of facil-
ities,  sites  or  additions,  provided that such budget shall contain a
rental, operations and maintenance section that will include  base  rent
costs,  total  rent  costs, operations and maintenance charges, cost per
square foot for each facility rented or leased by such board of  cooper-
ative educational services, and any and all expenditures associated with
custodial salaries and benefits, service contracts, supplies, utilities,
maintenance  and repairs for such facilities, and that such budget shall
include the annual debt  service  and  total  debt  for  all  facilities
financed by bonds or notes of the component districts, annual rental and
lease payments and total rental and lease costs for all facilities rent-
ed  by  such  board; such capital budget shall also include expenditures
resulting from court judgments and orders from administrative bodies  or
officers,  and,  to  the extent a board's administrative budget has been
adopted, one-time costs incurred in the first year in which an  employee
retires. The administrative budget shall include, but need not be limit-
ed  to,  office  and central administrative expenses, traveling expenses
and salaries and benefits of supervisors  and  administrative  personnel
necessary to carry out the central administrative duties of the supervi-
sory  district,  any and all expenditures associated with the board, the
office  of  district  superintendent,  general  administration,  central
support  services,  planning,  and  all other administrative activities.

S. 2736--A                          8

Such administrative budget shall also specify the amount of supplementa-
ry salary and benefits, if any, which the  board  determines  should  be
paid  to  the  district  superintendent  of  schools and the board shall
append  to such budget a detailed statement of the total compensation to
be paid the district superintendent of schools by the board, including a
delineation of the salary, annualized cost of benefits and  any  in-kind
or  other  form  of  remuneration  to be paid, plus, commencing with the
presentation of the budget for the nineteen hundred  ninety-seven--nine-
ty-eight  school  year,  [a  list  of  items  of  expense  eligible  for
reimbursement on expense accounts in the  ensuing  school  year  and]  a
statement  of the amount of expenses paid to the district superintendent
of schools in the prior year for purposes of carrying  out  his  or  her
official duties.
  S  11.  Subparagraph 5 of paragraph b of subdivision 4 of section 1950
of the education law, as amended by chapter 378 of the laws of 2010,  is
amended to read as follows:
  (5)  The  trustees  or  board  of  education  of each component school
district of the board of cooperative educational services shall adopt  a
public  resolution  which  shall  approve  or  disapprove such tentative
administrative budget at a regular or special meeting to be held  within
the  component  district  on the date designated pursuant to subdivision
two-a of this section as the date for election of members of  the  board
of  cooperative  educational  services,  or  in the case of the board of
education of a central high school district on the regular business  day
next following such designated date.
  If the resolutions adopted by the trustees or boards of education of a
majority  of  the component school districts of the board of cooperative
educational services actually voting approve the  tentative  administra-
tive budget, the board of cooperative educational services may adopt the
tentative  administrative  budget without modification. If a majority of
the component school districts actually voting fail to adopt resolutions
approving such tentative administrative budget,  or  if  the  number  of
component  school  districts  approving  the budget equals the number of
school districts disapproving  the  budget,  the  board  of  cooperative
educational  services  shall prepare and adopt a contingency administra-
tive budget which shall not exceed  the  amount  of  the  administrative
budget of the board of cooperative educational services for the previous
school  year except to accommodate expenditure increases attributable to
supplemental retirement allowances  payable  pursuant  to  section  five
hundred  thirty-two  of  this  chapter  and section seventy-eight of the
retirement and social security law.   THE BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES SHALL NOT BE REQUIRED TO SUBMIT ITS SEPARATE ADMINISTRA-
TIVE BUDGET TO THE COMMISSIONER FOR APPROVAL.
  S 12. Subparagraph 2-a of paragraph d of subdivision 4 of section 1950
of the education law is REPEALED.
  S 13. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, are amended to read as follows:
  (3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual  oper-
ating  plan  for  the ensuing school year to the department for approval
not later than the fifteenth day of February of each  year.  Such  board

S. 2736--A                          9

shall,  through  its  executive  officer,  notify  each component school
district on or before the tenth day of  March  concerning  the  services
[which] THAT have been approved by the commissioner to be made available
for  the  ensuing  school  year.  Such  notice shall set forth the local
uniform cost of each such service,  based  on  (i)  anticipated  partic-
ipation in the ensuing school year, or (ii) participation in the current
year,  or  (iii)  a two or three year average including participation in
the current year, which unit cost shall be the same for all  participat-
ing  component  districts  and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials  with
their  respective  boards[;  provided,  however, such unit cost shall be
subject to final adjustment for programs for students with  disabilities
based  on  actual  participation  in  accordance with regulations of the
commissioner.  Notwithstanding the determination of  the  local  uniform
unit  cost  methodology selected in accordance with this paragraph, each
board of cooperative education services shall  annually  report  to  the
commissioner the budgeted unit cost and, when available, the actual unit
cost  of  such  programs and services, in accordance with both the local
uniform unit cost methodology and a statewide uniform unit cost  method-
ology  prescribed  by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated  participation  in
the  ensuing  year  and the actual statewide unit cost shall be based on
actual participation through the end of each year].
  (4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May  following  such
notification notify the board of cooperative educational services of its
intention  to  participate or not to participate in such shared services
and the specific services which such district elects  to  utilize.  Each
participating  component  school  district  shall be required to pay the
board of cooperative educational services for the cost of  the  services
set  forth in such notification, except for adjustments caused by subse-
quent unanticipated changes in the district's enrollment. The  board  of
cooperative  educational  services  shall  enter into contracts with its
component school districts for such requested services. A copy  of  each
executed contract for such purpose shall be [filed with the commissioner
by]  ON  FILE  WITH  the  board  of cooperative educational services AND
AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST on or prior  to  the  first
day  of August of each year. Notwithstanding the provisions of paragraph
b of this subdivision, any component  school  district  which  does  not
elect  to  participate in any such specific cooperative services author-
ized under this paragraph shall not be required to pay any share of  the
moneys provided in the budget as salaries of teachers or other personnel
employed  in providing such service, for equipment and supplies for such
service or for transportation of pupils to and from the place where such
service is maintained. Provided, further, that a  board  of  cooperative
educational services may allocate the cost of such services to component
school districts in accordance with terms agreed upon between such board
and  three-quarters  of  the  boards  of education and trustees of local
school districts participating in the service.
  S 14. Paragraph aa of subdivision 4 of section 1950 of  the  education
law,  as added by chapter 595 of the laws of 1978, is amended to read as
follows:
  aa. Notwithstanding any other provision of law, a board of cooperative
educational services may[,  with  the  prior  written  approval  of  the
commissioner,] contract to accept from a leasing company which has qual-

S. 2736--A                         10

ified as lowest bidder pursuant to the provisions of the general munici-
pal  law a sum sufficient to purchase data processing equipment from the
manufacturer thereof, pay such sum to the manufacturer  of  said  equip-
ment, receive the equipment and title thereto and convey the same to the
leasing  company  with  a  simultaneous lease of the equipment from such
leasing company to the board of cooperative educational services  for  a
specified  period of years. Before any such agreement shall be executed,
the board of cooperative educational services shall adopt  a  resolution
determining that such agreement is in the best financial interest of the
board. Such lease may be renewed for a further specified period of years
[with the prior approval of the commissioner of education].
  S  15.  Subdivision 2 of section 2201 of the education law, as amended
by chapter 295 of the laws of 1993, is amended to read as follows:
  2. Whenever a vacancy hereafter  occurs  in  the  office  of  district
superintendent  of  schools  in any supervisory district or whenever the
commissioner receives a letter of resignation  from  a  district  super-
intendent,  the  commissioner [shall] MAY survey the field in the county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to serve adequately the educational interests of the county  he  or  she
shall  be authorized to conduct a study to examine the possible reorgan-
ization of such supervisory district if no such study has been conducted
within five years.
  S 16. Subdivision 5 of section 2802 of the education law,  as  amended
by chapter 378 of the laws of 2010, is amended to read as follows:
  5.  By  April first of each year, the commissioner shall report to the
governor, the legislature and the regents concerning the  prevalence  of
violence  and disruptive incidents in the public schools, and the effec-
tiveness of school programs undertaken to reduce violence and assure the
safety and security of students and school personnel. The  report  shall
summarize  the information available from the incident reporting system,
and compare the incidence of violent and disruptive incidents of schools
and school districts and boards with other schools and school  districts
and  boards based on similarity in size and grade levels and other char-
acteristics, including student need and resources, as determined by  the
commissioner. [The report shall also, to the extent possible, relate the
results available from the incident reporting system, together with such
other  analysis and information as the commissioner determines is appro-
priate, to the effectiveness of school violence measures  undertaken  by
participating  schools  and school districts, including the school codes
and school safety plans required by sections  twenty-eight  hundred  one
and twenty-eight hundred one-a of this article.]
  S 17. Paragraph d of subdivision 26-a of section 3602 of the education
law is REPEALED.
  S  18.  Subdivision  13  of  section  3602-e  of  the education law is
REPEALED.
  S 19. Clause (e) of subparagraph 5 of paragraph b of subdivision 1  of
section 4402 of the education law is REPEALED.
  S  20.  Paragraph  b of subdivision 1 of section 4452 of the education
law is REPEALED.
  S 21. There shall be established a demonstration program in  the  city
school district of the city of Syracuse under which students enrolled in
the  twelfth  grade during the 2012--2013 school year and thereafter who
were also enrolled in  such  district  during  the  tenth  and  eleventh
grades, and who graduate from high school or meet high school graduation
requirements  and matriculate at the state university or city university

S. 2736--A                         11

of New York shall be guaranteed payment of full  tuition  and  fees  for
attendance  at such institution. Such students shall be required to make
application for a tuition assistance program award pursuant  to  section
667 of the education law and shall, upon such matriculation, be eligible
for  payment  of  tuition  expenses not otherwise covered by the tuition
assistance program, and fees.  The duration of eligibility  for  receipt
of  such  payment shall be as provided in paragraphs a and b of subdivi-
sion 3 of section 669-a of the education law.  The board of trustees  of
the  New  York  state higher education services corporation shall, on or
before December 31, 2012, promulgate regulations that  establish  eligi-
bility  criteria  and  application  requirements  for such demonstration
program.
  S 22. This act shall take effect immediately, provided that:
  1. sections one through three of this act shall be deemed to have been
in full force and effect on and after April 1, 2012 and shall  apply  to
any  general  or special law imposing mandates on municipal corporations
or school districts enacted on or after such effective date; and
  2. the commissioner of education shall adopt any regulations needed to
implement the provisions of this act on or before July 1, 2013.

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