S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3919--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE, AKSHAR, CARLUCCI, FUNKE, GALLIVAN, ORTT,
   RANZENHOFER, VALESKY -- read  twice  and  ordered  printed,  and  when
   printed  to  be committed to the Committee on Education -- 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 salaries of
   certain teachers and aides employed by boards  of  cooperative  educa-
   tional services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 5 of section 1950 of the  educa-
 tion  law,  as amended by chapter 296 of the laws of 2016, is amended to
 read as follows:
   b. The cost of services herein referred to shall be the  amount  allo-
 cated  to  each  component  school  district by the board of cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved  expenses from the testing of potable water systems of occupied
 school buildings under the board's jurisdiction as required pursuant  to
 section  eleven  hundred  ten of the public health law, except that that
 part of the salary paid any teacher, supervisor or other employee of the
 board of cooperative educational services which is in excess  of  thirty
 thousand  dollars shall not be such an approved expense, and except also
 that administrative and clerical expenses shall not exceed  ten  percent
 of the total expenses for purposes of this computation. PROVIDED, HOWEV-
 ER,  BEGINNING  WITH EXPENSES INCURRED IN THE TWO THOUSAND EIGHTEEN--TWO
 THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER, THAT PART  OF  THE  SALARY
 PAID  TO ANY TEACHER, SUPERVISOR OR OTHER EMPLOYEE OF A BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES WHICH IS IN EXCESS OF THE LESSER OF THE ACTU-
 AL SALARY OR THE AVERAGE STATEWIDE SALARY FOR SUCH TEACHING,  SUPERVISO-
 RY, OR OTHER POSITION AS ESTABLISHED BY THE COMMISSIONER SHALL NOT BE AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07962-02-8

 S. 3919--A                          2
 
 APPROVED  EXPENSE, AND FURTHER PROVIDED THAT ADMINISTRATIVE AND CLERICAL
 EXPENSES SHALL NOT EXCEED TEN PERCENT OF THE TOTAL EXPENSES FOR PURPOSES
 OF THIS COMPUTATION. Any gifts, donations  or  interest  earned  by  the
 board  of  cooperative educational services or on behalf of the board of
 cooperative educational services by the dormitory authority or any other
 source shall not be deducted in determining the cost of  services  allo-
 cated  to  each component school district. Any payments made to a compo-
 nent school district by the board of  cooperative  educational  services
 pursuant to subdivision eleven of section six-p of the general municipal
 law  attributable  to  an  approved cost of service computed pursuant to
 this subdivision shall be deducted from the cost of  services  allocated
 to  such  component  school  district.    The  expense of transportation
 provided by the board of cooperative educational  services  pursuant  to
 paragraph  q  of  subdivision four of this section shall be eligible for
 aid apportioned pursuant to  subdivision  seven  of  section  thirty-six
 hundred  two  of  this  chapter  and no board of cooperative educational
 services transportation expense shall be an approved  cost  of  services
 for  the  computation  of  aid  under  this  subdivision. Transportation
 expense pursuant to paragraph q of  subdivision  four  of  this  section
 shall  be  included  in the computation of the ten percent limitation on
 administrative and clerical expenses.
   § 2. Paragraph b of subdivision 10 of section 3602  of  the  education
 law,  as  amended  by  section 16 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   b. Aid for career education. There shall be apportioned to  such  city
 school districts and other school districts which were not components of
 a  board of cooperative educational services in the base year for pupils
 in grades ten through twelve in attendance in career education  programs
 as  such  programs  are  defined  by  the  commissioner, subject for the
 purposes of this paragraph to the approval of the director of the  budg-
 et,  an  amount  for  each  such pupil to be computed by multiplying the
 career education aid ratio by [three thousand nine hundred dollars]  THE
 DISTRICT'S SELECTED FOUNDATION AID AS DETERMINED PURSUANT TO SUBDIVISION
 FOUR  OF  THIS  SECTION.  Such  aid  will be payable for weighted pupils
 attending career education programs operated by the school district  and
 for  weighted pupils for whom such school district contracts with boards
 of cooperative educational services to attend career education  programs
 operated by a board of cooperative educational services. Weighted pupils
 for  the purposes of this paragraph shall mean the sum of the attendance
 of students in grades ten through twelve in career  education  sequences
 in  trade,  industrial,  technical, agricultural or health programs plus
 the product of  sixteen  hundredths  multiplied  by  the  attendance  of
 students  in  grades ten through twelve in career education sequences in
 business and marketing as defined by the  commissioner  in  regulations.
 The career education aid ratio shall be computed by subtracting from one
 the  product  obtained by multiplying fifty-nine percent by the combined
 wealth ratio. This aid ratio shall be expressed as a decimal carried  to
 three places without rounding, but not less than thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be  required  to use such amount to support career education programs in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion reduced in an amount equal to such deficiency in the current  or  a
 succeeding school year, provided however that the commissioner may waive

 S. 3919--A                          3
 
 such reduction upon determination that overall expenditures per pupil in
 support  of career education programs were continued at a level equal to
 or greater than the level of such overall expenditures per pupil in  the
 preceding school year.
   §  3.  This  act  shall take effect immediately and shall apply to the
 calculation of BOCES aid and aid for career  education  payable  in  the
 2019-2020 school year and years thereafter.