S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5024
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  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 130 of the laws of 2022, 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 provided  that  such
 expenses  for testing of potable water systems are not reimbursable from
 another state or federal source, except that that  part  of  the  salary
 paid  any  teacher, supervisor or other employee of the board of cooper-
 ative educational services which is in excess of thirty thousand dollars
 shall not be such an approved expense, and except also that  administra-
 tive  and  clerical  expenses  shall not exceed ten percent of the total
 expenses for purposes of this computation.  PROVIDED, HOWEVER, BEGINNING
 WITH EXPENSES INCURRED IN THE TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR  SCHOOL YEAR AND THEREAFTER, THAT PART OF THE SALARY PAID TO
 ANY TEACHER, SUPERVISOR OR OTHER EMPLOYEE  OF  A  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES  WHICH  IS  IN  EXCESS OF THE LESSER OF THE ACTUAL
 SALARY OR THE AVERAGE STATEWIDE SALARY FOR SUCH  TEACHING,  SUPERVISORY,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09622-01-3
              

 S. 5024                             2
 
 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
 such reduction upon determination that overall expenditures per pupil in
 support of career education programs were continued at a level equal  to
 S. 5024                             3
 
 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
 2023-2024 school year and years thereafter.