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

                                  5253

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  the  New  York  state
  center for independent and religious schools establishment act

  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  article  12-B
to read as follows:
                               ARTICLE 12-B
  NEW YORK CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS OVERSIGHT BOARD
SECTION 571. SHORT TITLE.
        572. LEGISLATIVE FINDINGS AND INTENT.
        573. DEFINITIONS.
        574. NEW   YORK  STATE  CENTER  FOR  INDEPENDENT  AND  RELIGIOUS
               SCHOOLS.
        575. NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS
               OVERSIGHT BOARD ESTABLISHED.
        576. AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR.
        577. RULES AND REGULATIONS.
  S 571.  SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
THE  "NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS ESTAB-
LISHMENT ACT".
  S 572.  LEGISLATIVE FINDINGS AND INTENT. 1. THE STATE  HAS  RECOGNIZED
THE  NEED  FOR THE CONTINUED SUSTAINABILITY OF INDEPENDENT AND RELIGIOUS
SCHOOLS AS THESE SCHOOLS PLAY A VITAL ROLE IN THE EDUCATION OF  CHILDREN
WITHIN THE MANY COMMUNITIES THROUGHOUT THE STATE.
  2.  IN  RECOGNITION  OF  THE  NEED  TO  SUPPORT ALL SCHOOLS, THE STATE
PROVIDES FUNDING TO SUPPORT AN ARRAY OF  SERVICES  INTENDED  TO  BENEFIT
STUDENTS  IN  ALL  SCHOOLS  INCLUDING  BUT  NOT  LIMITED  TO FUNDING FOR
INSTRUCTIONAL MATERIALS, SCHOOL HEALTH  AND  SAFETY  MEASURES,  ACADEMIC
INTERVENTION SERVICES AND TRANSPORTATION SERVICES. THE ADMINISTRATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10879-01-3
              

S. 5253                             2

PROGRAMS  AND  SERVICES  INTENDED TO BENEFIT THE STUDENTS IN INDEPENDENT
AND RELIGIOUS SCHOOLS FALLS MOST OFTEN TO THE PUBLIC SCHOOL DISTRICTS IN
WHICH SUCH INDEPENDENT OR RELIGIOUS SCHOOLS ARE LOCATED  OR  THE  SCHOOL
DISTRICTS  IN  WHICH  SUCH  INDEPENDENT  AND  RELIGIOUS  SCHOOL STUDENTS
RESIDE. THE  STATE  RECOGNIZES  THE  SUBSTANTIAL  ADMINISTRATIVE  BURDEN
PLACED  ON  PUBLIC  SCHOOL DISTRICTS CHARGED WITH ADMINISTERING SERVICES
FOR STUDENTS OVER WHOM SUCH DISTRICTS HAVE LITTLE DIRECT RESPONSIBILITY.
THE STATE FURTHER RECOGNIZES THE INEFFICIENCIES THAT EXIST AND THE CHAL-
LENGES FACED BY INDEPENDENT AND RELIGIOUS SCHOOL ADMINISTRATORS WHO MUST
WORK WITH MULTIPLE SCHOOL DISTRICTS IN ORDER  TO  ARRANGE  SERVICES  AND
PROGRAMS INTENDED TO BENEFIT THEIR STUDENTS.
  3.  THE  STATE RECOGNIZES THE NEED TO CREATE THE NEW YORK STATE CENTER
FOR INDEPENDENT AND RELIGIOUS SCHOOLS SO THAT THE  STATE  MAY  ALLEVIATE
THE  ADMINISTRATIVE  BURDEN PLACED ON PUBLIC SCHOOL DISTRICTS; PROVIDE A
MORE EFFICIENT AND COST-EFFECTIVE MEANS OF  ADMINISTERING  PROGRAMS  AND
SERVICES TO THE BENEFIT OF STUDENTS; AND AVOID EXCESSIVE ENTANGLEMENT OF
GOVERNMENT ENTITIES WITH RELIGIOUS AND INDEPENDENT INSTITUTIONS.
  S 573. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "CENTER"  SHALL MEAN THE NEW YORK STATE CENTER FOR INDEPENDENT AND
RELIGIOUS SCHOOLS, ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS  ARTI-
CLE;
  2.  "BOARD"  SHALL  MEAN THE NEW YORK STATE CENTER FOR INDEPENDENT AND
RELIGIOUS  SCHOOLS  OVERSIGHT  BOARD,  ESTABLISHED   PURSUANT   TO   THE
PROVISIONS OF THIS ARTICLE;
  3. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF EDUCATION;
  4.  "DIRECTOR" SHALL MEAN THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE
CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS; AND
  5. "INDEPENDENT AND RELIGIOUS SCHOOL" SHALL MEAN ANY NONPUBLIC ELEMEN-
TARY OR SECONDARY SCHOOL IN THE STATE WHICH (A) PROVIDES INSTRUCTION  IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION THIRTY-TWO HUNDRED FOUR OF
THIS  CHAPTER,  (B) HAS NOT BEEN FOUND TO BE IN VIOLATION OF TITLE VI OF
THE CIVIL RIGHTS ACT OF NINETEEN HUNDRED SIXTY-FOUR, 78  STAT.  252,  42
U.S.C.  S  2000(D),  AND  (C) WHICH IS ENTITLED TO A TAX EXEMPTION UNDER
SECTION FIVE HUNDRED ONE (A) AND FIVE HUNDRED ONE (C)(3) OF THE  FEDERAL
INTERNAL REVENUE CODE OF NINETEEN HUNDRED FIFTY-FOUR, AS AMENDED.
  S  574.  NEW  YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS.
THE NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS IS HERE-
BY ESTABLISHED TO DISBURSE SAFETY EQUIPMENT  FUNDS  MADE  AVAILABLE  FOR
SUCH  PURPOSE;  TO  PROVIDE  AND  COORDINATE  SERVICES  AND  PROGRAMS AS
PROVIDED FOR BY THIS CHAPTER, REGULATIONS OF THE COMMISSIONER, AND  THAT
MAY  BE  IDENTIFIED BY THE BOARD TO THE BENEFIT OF INDEPENDENT AND RELI-
GIOUS SCHOOL STUDENTS AND PERSONNEL; AND TO DISSEMINATE INFORMATION  AND
CARRY  OUT OTHER ACTIVITIES FOR THE BENEFIT OF INDEPENDENT AND RELIGIOUS
SCHOOL STUDENTS AND PERSONNEL. THE COMMISSIONER SHALL, WITHIN THE FACIL-
ITIES OF THE STATE EDUCATION DEPARTMENT, PROVIDE OFFICE SPACE AS WELL AS
TECHNICAL AND RELATED ADMINISTRATIVE RESOURCES TO SUCH CENTER.
  S 575. NEW YORK STATE CENTER FOR  INDEPENDENT  AND  RELIGIOUS  SCHOOLS
OVERSIGHT  BOARD  ESTABLISHED.  1.  THE  BOARD  SHALL PROVIDE ADVICE AND
DIRECTION FOR THE WORK OF THE CENTER PURSUANT TO THIS ARTICLE AND  SHALL
ENSURE  THAT  THE  WORK  OF  THE  CENTER IS TRANSPARENT TO THE PUBLIC AT
LARGE. THE BOARD SHALL: (A) ELECT A CHAIRPERSON AND  DESIGNATE  OFFICERS
AND  COMMITTEES  AS  MAY BE NECESSARY TO CARRY OUT THE WORK OF THE BOARD
AND CENTER; (B) APPOINT AN EXECUTIVE DIRECTOR, BASED ON CRITERIA  TO  BE
DETERMINED  BY  THE  BOARD,  TO OVERSEE THE DAY-TO-DAY OPERATIONS OF THE
CENTER; (C) HAVE THE AUTHORITY TO ACCEPT AND RECEIVE ANY GRANTS, AWARDS,
APPROPRIATIONS OR OTHER FUNDS AS MAY BE MADE AVAILABLE  TO  THE  CENTER;

S. 5253                             3

AND  (D) PROVIDE FINAL APPROVAL OR DISAPPROVAL OF THE AWARDING OF GRANTS
AND THE DISBURSEMENT OF ANY AND ALL FUNDS ADMINISTERED  BY  THE  CENTER.
THE  BOARD  SHALL  COMMENCE ITS WORK AND SHALL BE CONSIDERED FUNCTIONING
WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
  2.  THE OVERSIGHT BOARD SHALL COMPRISE: (A) THE MEMBERS OF THE COMMIS-
SIONER'S ADVISORY COUNCIL OF NONPUBLIC SCHOOLS AS MAY  BE  APPOINTED  TO
SUCH COUNCIL BY THE COMMISSIONER; (B) AT LEAST ONE REPRESENTATIVE OF THE
COMMISSIONER;  AND  (C) AT LEAST ONE REPRESENTATIVE OF THE OFFICE OF THE
STATE COMPTROLLER. IN ADDITION, THE BOARD MAY INCLUDE UP TO THREE  ADDI-
TIONAL  MEMBERS  OF  WHOM  ONE  WOULD  BE APPOINTED BY THE GOVERNOR, ONE
APPOINTED BY THE MAJORITY LEADER OF THE SENATE, AND ONE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY.
  3. MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION BUT MAY BE REIM-
BURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE  PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
  4. THE BOARD SHALL PROVIDE FOR AN ANNUAL AUDIT THAT SHALL BE COMPLETED
BY  THE  FIRST  DAY OF SEPTEMBER OF THE YEAR FOLLOWING THE YEAR IN WHICH
THIS ARTICLE SHALL HAVE TAKEN EFFECT  AND  ANNUALLY  THEREAFTER,  OR  ON
ANOTHER  DATE SET BY THE BOARD. THE AUDIT SHALL INCLUDE, AT THE MINIMUM,
AN ACCOUNTING FOR BOTH THE RECEIPT AND EXPENDITURE OF ALL FUNDS ADMINIS-
TERED BY THE CENTER DURING THE PREVIOUS CALENDAR YEAR. THE  AUDIT  SHALL
ALSO INCLUDE A REPORT OF ALL THE CENTER'S ANNUAL ACCOUNTS AND THE STATUS
OF  ANY  AND  ALL GRANTS THAT THE BOARD HAS APPROVED DURING THE PREVIOUS
CALENDAR YEAR. THE AUDIT SHALL BE MADE AVAILABLE TO THE  PUBLIC  AND  BE
FILED  WITH THE OFFICE OF THE STATE COMPTROLLER. THE OFFICE OF THE STATE
COMPTROLLER MAY REQUIRE ADDITIONAL FILING REQUIREMENTS TO  BE  COMPLETED
BY THE CENTER.
  S  576.  AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR. 1. THE EXECU-
TIVE DIRECTOR SHALL BE APPOINTED BY THE BOARD AND SHALL  HAVE  AUTHORITY
AND  DUTY TO OVERSEE THE DAY-TO-DAY OPERATIONS OF THE CENTER. THE DIREC-
TOR SHALL ESTABLISH AND MAINTAIN DISTINCT ACCOUNTS, TO  BE  APPROVED  BY
THE  BOARD, TO ADMINISTER FUNDS APPORTIONED TO THE CENTER. SUCH ACCOUNTS
MUST, AT MINIMUM, SEPARATE  PUBLIC  FUNDS  FROM  FUNDS  THE  CENTER  MAY
ACQUIRE  THROUGH PRIVATE DONATIONS AND OTHER SOURCES. THE DIRECTOR, WITH
THE APPROVAL OF THE BOARD, IS EMPOWERED TO ENTER INTO ANY  AGREEMENT  OR
CONTRACT  WITH ANY PRIVATE OR PUBLIC AGENCIES, CORPORATIONS, OR INDIVID-
UALS NECESSARY OR CONVENIENT TO CARRY OUT THE PROVISIONS OF  THIS  ARTI-
CLE, INCLUDING THE HIRING OF ADMINISTRATIVE STAFF NECESSARY TO CARRY OUT
THE  FUNCTIONS  OF THE CENTER. THE DIRECTOR SHALL DRAFT FOR THE BOARD AN
ANNUAL AUDIT AND SHALL FULFILL ALL NECESSARY FILING REQUIREMENTS  NECES-
SARY  TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. THE DIRECTOR SHALL BE
RESPONSIBLE FOR TRANSMITTING TO THE BOARD ANY INFORMATION NECESSARY  FOR
THE BOARD TO CARRY OUT ITS DUTIES AND ANY OTHER INFORMATION AS THE BOARD
MAY REQUEST.
  2.  THE  DIRECTOR  SHALL  AWARD  GRANTS  AND/OR MAKE PAYMENTS BASED ON
CRITERIA PREPARED BY THE DIRECTOR AND APPROVED BY THE BOARD, TO ELIGIBLE
INDEPENDENT AND RELIGIOUS SCHOOLS OR  SERVICE  PROVIDERS.  THE  DIRECTOR
SHALL  DETERMINE  IN  WHAT  MANNER  AND  AT WHAT TIME SUCH GRANTS AND/OR
PAYMENTS SHALL BE DISBURSED.
  3. COMPENSATION OF THE DIRECTOR ANY PAYMENT  OF  OTHER  ADMINISTRATIVE
AND  NECESSARY  EXPENSES  SHALL  BE DETERMINED BY THE BOARD AND SHALL BE
ALLOCATED OUT OF FUNDS ADMINISTERED BY THE CENTER.
  S 577. RULES AND REGULATIONS.  THE  COMMISSIONER  MAY  PROMULGATE  ANY
RULES OR REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE.
  S 2. This act shall take effect immediately.