S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5190
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 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 TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO 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
 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-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02624-02-1

 A. 5190                             2
 
 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
 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
 2021-2022 school year and years thereafter.