senate Bill S4663A

Allows school districts and BOCES units to provide administrative services together

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Bill Status


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

actions

  • 14 / Apr / 2011
    • REFERRED TO EDUCATION
  • 29 / Apr / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 29 / Apr / 2011
    • PRINT NUMBER 4663A
  • 02 / Jun / 2011
    • 1ST REPORT CAL.930
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 24 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Allows school districts and BOCES units to agree or contract to provide administrative services together that they can provide on their own.

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Bill Details

Versions:
S4663
S4663A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Add §1510-a, amd §§1604, 1709 & 1950, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
A11285

Sponsor Memo

BILL NUMBER:S4663A

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing school districts
and boards of cooperative
educational services to enter into agreements or contracts
with each other to perform the same functions and provide the same
services that each is authorized to perform or provide

PURPOSE OR GENERAL IDEA OF BILL:
To encourage improved economies of scale and cost efficiencies in how
administrative services are provided in school districts and BOCES
units around New York State.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would amend the Education Law by adding a new Section
1510-a expressly authorizing the sharing of school administrative
services.

Sections 2 & 3 would amend Section 1604 and 1709 of the Education Law
to provide language that would authorize school districts or boards
of cooperative educational services to have the option to agree or
contract with and between each other to provide the same
administrative services that each is authorized to perform or provide.

Section 4 of the bill would amend the Education Law by adding
"administration" and "transportation" to the list of aidable shared
services.

JUSTIFICATION:
Costs associated with education in public schools continue to rise,
even as our state, local governments and school districts struggle to
maintain sound budgets in this economic downturn.

Rather than simply rely on "top-down approaches to meeting the
challenge of quality, affordable education, it is incumbent on the
state to offer greater flexibility and more tools that give
communities an array of choices. This bill would work in that
direction by allowing schools and BOCES units to proactively
centralize administrative duties and seek potential efficiencies to
the benefit of local property tax payers.

PRIOR LEGISLATIVE HISTORY:
2010: A.11285 died in Assembly Education Committee (similar)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
School districts and BOCES units spend millions of dollars annually in
providing similar administrative services in close proximity to one
another - sometimes in the same communities. By allowing them to
consolidate administrative functions, participating entities could
reduce operational costs, and ultimately reduce the amount of money
needed from the taxpayers to support these functions.

This legislation serves as an example of a genuine effort to
control-local spending through the consolidation of services. It is


anticipated that there will be substantial annual savings for
districts that opt into this model. Conservatively, school districts
could see immediate savings, with small rural schools in limited
taxing jurisdictions realizing upwards of 5% reductions in their
property tax levies on an annual basis.

EFFECTIVE DATE:
This act would take effect immediately.

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

                                 4663--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the education law, in relation to authorizing school
  districts and boards of cooperative educational services to enter into
  agreements or contracts with each other to perform the same  functions
  and  provide  the  same services that each is authorized to perform or
  provide

  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 1510-a
to read as follows:
  S  1510-A.  SHARING  OF  SCHOOL  ADMINISTRATIVE SERVICES.   ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO  AN
AGREEMENT  WITH ANY OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE
THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO  PERFORM  OR
PROVIDE.
  S  2.  Section  1604  of  the education law is amended by adding a new
subdivision 43 to read as follows:
  43. SHALL HAVE THE  OPTION  TO  AGREE  OR  CONTRACT  WITH  ANY  SCHOOL
DISTRICT  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE
SAME  ADMINISTRATIVE  FUNCTIONS  AND  PROVIDE  THE  SAME  ADMINISTRATIVE
SERVICES  THAT  EACH IS AUTHORIZED TO PERFORM OR PROVIDE.  TO THE EXTENT
THAT ANY SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD  BE  ENTI-
TLED  TO  STATE  AID  IF  SUCH  SERVICES WERE PROVIDED INDIVIDUALLY, THE
COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL
DISTRICTS IN AMOUNTS AGREED TO BETWEEN  THE  SCHOOL  DISTRICTS  AND  THE
COMMISSIONER;  PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL AID
WHICH WOULD  HAVE  BEEN  OTHERWISE  PAYABLE  HAD  EACH  SCHOOL  DISTRICT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05987-05-1

S. 4663--A                          2

PROVIDED  SUCH  SERVICE INDIVIDUALLY. WHERE THE COMMISSIONER DISTRIBUTES
AID IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL  FOR
WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH
SERVICES  NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN DETER-
MINATION WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND  WHETHER
SUCH  DECISION  SHALL HAVE A BINDING EFFECT ON OTHER SIMILAR SITUATIONS.
SUCH DECISIONS SHALL BE REVIEWABLE BY APPEAL TO THE  COMMISSIONER,  AND,
IF  SUCH  APPEAL  IS  NOT  RESOLVED  IN  A SATISFACTORY MANNER, SHALL BE
REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 3. Section 1709 of the education law is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  SHALL  HAVE  THE  OPTION  TO  AGREE  OR  CONTRACT WITH ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  TO  PERFORM  THE
SAME  ADMINISTRATIVE  FUNCTIONS  AND  PROVIDE  THE  SAME  ADMINISTRATIVE
SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE.   TO THE  EXTENT
THAT  ANY  SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD BE ENTI-
TLED TO STATE AID IF  SUCH  SERVICES  WERE  PROVIDED  INDIVIDUALLY,  THE
COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL
DISTRICTS  IN  AMOUNTS  AGREED  TO  BETWEEN THE SCHOOL DISTRICTS AND THE
COMMISSIONER; PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL  AID
WHICH  WOULD  HAVE  BEEN  OTHERWISE  PAYABLE  HAD  EACH  SCHOOL DISTRICT
PROVIDED SUCH SERVICE INDIVIDUALLY. WHERE THE  COMMISSIONER  DISTRIBUTES
AID  IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL FOR
WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH
SERVICES NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN  DETER-
MINATION  WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND WHETHER
SUCH DECISION SHALL HAVE A BINDING EFFECT ON OTHER  SIMILAR  SITUATIONS.
SUCH  DECISIONS  SHALL BE REVIEWABLE BY APPEAL TO THE COMMISSIONER, AND,
IF SUCH APPEAL IS NOT  RESOLVED  IN  A  SATISFACTORY  MANNER,  SHALL  BE
REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 4. Subparagraph 1 of paragraph d 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) Aidable shared services. At the request of [component] ANY  school
[districts] DISTRICT, and with the approval of the commissioner, provide
any  of  the  following services on a cooperative basis: ADMINISTRATION,
school nurse teacher, attendance  supervisor,  supervisor  of  teachers,
dental  hygienist, psychologist, teachers of art, music, physical educa-
tion, career education subjects, TRANSPORTATION, guidance  [counsellors]
COUNSELORS, operation of special classes for students with disabilities,
as  such  term  is defined in article eighty-nine of this chapter; pupil
and financial accounting service by means of mechanical equipment; main-
tenance and operation of cafeteria or restaurant service for the use  of
pupils  and  teachers  while  at  school, and such other services as the
commissioner may approve. Such cafeteria or restaurant  service  may  be
used by the community for school related functions and activities and to
furnish  meals  to the elderly residents of the district, sixty years of
age or older. Utilization by elderly residents or school related  groups
shall  be  subject  to  the  approval of the board of education. Charges
shall be sufficient to bear the direct cost of preparation  and  serving
of such meals, exclusive of any other available reimbursements.
  S 5. This act shall take effect immediately.

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