S T A T E O F N E W Y O R K
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5523
2009-2010 Regular Sessions
I N S E N A T E
May 13, 2009
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Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Education
AN ACT to amend the education law and the general municipal law, in
relation to enacting the education mandate relief act of 2009
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "education mandate relief act of 2009."
S 2. The education law is amended by adding a new section 308-a to
read as follows:
S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS USED IN THIS SECTION,
"MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A
NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING
PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
(B) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
2. IN THE EVENT THAT A MANDATE WHICH IMPOSES A COST UPON A SCHOOL
DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
SHALL NOT BE IMPLEMENTED UNTIL NO SOONER THAN THE FOLLOWING YEAR FOR
WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE MAY
BE IMPOSED IF:
(A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
(B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11869-01-9
S. 5523 2
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
S 3. Paragraph h of subdivision 25 of section 1709 of the education
law, as added by chapter 700 of the laws of 1993, is amended to read as
follows:
h. (1) The board of education is authorized to enter into a contract
with another school district, a county, municipality, or the state divi-
sion for youth to provide transportation for children, provided that the
contract cost is appropriate. In determining the appropriate transporta-
tion contract cost, the transportation service provider school district
shall use a calculation consistent with regulations adopted by the
commissioner for the purpose of assuring that charges reflect the true
costs that would be incurred by a prudent person in the conduct of a
competitive transportation business.
(2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A PIGGYBACK
CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS STUDENTS PURSUANT
TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRACTOR, PROVIDED THAT
THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE AND ENTRY INTO A
PIGGYBACK CONTRACT WILL RESULT IN A COST SAVINGS TO THE SCHOOL DISTRICT.
FOR PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK CONTRACT" MEANS A CONTRACT
FOR THE TRANSPORTATION OF STUDENTS THAT: (A) PROVIDES TRANSPORTATION TO
A LOCATION OUTSIDE THE STUDENTS' SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO ITS OWN
STUDENTS THROUGH AN EXISTING CONTRACT WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (B) IS ENTERED INTO
BY THE PRIVATE TRANSPORTATION CONTRACTOR AND EACH SCHOOL DISTRICT
INVOLVED; AND (C) PROVIDES FOR TRANSPORTATION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
S 4. Paragraph f of subdivision 2-a of section 1950 of the education
law, as amended by chapter 602 of the laws of 1994, is amended to read
as follows:
f. [In the event of a vacancy in the membership of a board of cooper-
ative educational services which occurs prior to January first in any
school year or during the period commencing five days prior to the date
designated for submission of nominations of candidates to the board of
cooperative educational services and ending on the last day of the
school year, a special election to fill such vacancy shall be conducted
in accordance with the provisions of paragraphs b, c and d of this
subdivision on a date designated by the president of the board of coop-
erative educational services not late than forty-five days after the
date the vacancy occurred.] In the event of a vacancy in the membership
of a board of cooperative educational services [which occurs on or after
January first and prior to the fifth day preceding the date designated
for submission of nominations of candidates the board of cooperative
educational services], SUCH BOARD may fill such vacancy by appointment
and the person so appointed shall hold office until the next annual
election of the board of cooperative educational services. [Notwith-
standing any other provision of this subdivision, any vacancy which
occurs on or after July first, nineteen hundred ninety-three and prior
to January first, nineteen hundred ninety-four shall be filled by a
special election in accordance with paragraphs b, c and d of this subdi-
vision.]
S. 5523 3
S 5. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
OO. THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) SHALL
CONVENE COMMITTEES OF SCHOOL AND COMMUNITY LEADERS IN EACH BOCES REGION
TO RECOMMEND OPTIONS FOR SCHOOL DISTRICT CONSOLIDATION AND SHARED
SERVICES AND ISSUE A REPORT BASED ON SUCH FINDINGS TO THE COMMISSIONER,
NO LATER THAN JULY FIRST, TWO THOUSAND TEN. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO AN EXAMINATION OF THE VIABILITY OF REGIONAL ADMIN-
ISTRATIVE OPERATIONS, TRANSPORTATION, ENERGY PROCUREMENT AND HEALTH
INSURANCE PROGRAMS, INCLUDING THE BULK PURCHASE OF PRESCRIPTION DRUGS.
S 6. 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 school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance supervisor, supervisor of teachers, dental hygienist, psychologist,
teachers of art, music, physical education, career education subjects,
guidance counsellors, 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; CLAIMS AUDITING OR INTERNAL AUDITING SERVICES; maintenance
and operation of cafeteria or restaurant service for the use of pupils
and teachers while at school, and such other services as the commission-
er 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 7. Subparagraphs (v), (vi), (vii) and (vii) of paragraph b of subdi-
vision 4 of section 2023 of the education law, subparagraphs (v) and
(vi) as separately amended by section 1 of part D-2 of chapter 57 and
chapter 422 of the laws of 2007, subparagraph (vii) as added by section
1 of part D-2 of chapter 57 of the laws of 2007 and subparagraph (vii)
as added by chapter 422 of the laws of 2007, are amended and a new
subparagraph (ix) is added to read as follows:
(v) expenditures in the contingency budget attributable to projected
increases in public school enrollment, which, for the purpose of this
subdivision, may include increases attributable to the enrollment of
students attending a pre-kindergarten program established in accordance
with section thirty-six hundred two-e of this chapter, to be computed
based upon an increase in enrollment from the year prior to the base
year for which the budget is being adopted to the base year for which
the budget is being adopted, provided that where the trustees or board
of education have documented evidence that a further increase in enroll-
ment will occur during the school year for which the contingency budget
is prepared because of new construction, inception of a pre-kindergarten
program, growth or similar factors, the expenditures attributable to
such additional enrollment may also be disregarded;
(vi) non-recurring expenditures in the prior year's school district
budget; [and]
(vii) expenditures for payments to charter schools pursuant to section
twenty-eight hundred fifty-six of this chapter[.];
S. 5523 4
[(vii)] (VIII) expenditures for self-supporting programs. For purposes
of this subparagraph, "self-supporting programs" shall mean any programs
that are entirely funded by private funds that cover all the costs of
the program[.]; AND
(IX) EXPENDITURES FOR THE AMOUNT OF ANY INCREASED COST FOR PENSION
CONTRIBUTIONS, RETIREMENT BENEFITS AND HEALTH INSURANCE OVER THE PRIOR
SCHOOL YEAR.
S 8. Paragraphs b and c of subdivision 1 of section 6-r of the general
municipal law, as added by chapter 260 of the laws of 2004, are amended
to read as follows:
b. "Participating employer" means: (I) a participating employer as
defined in subdivision twenty of section two of the retirement and
social security law or in subdivision twenty of section three hundred
two of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE OF
SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
c. "Retirement contribution" shall mean all or any portion of the
amount payable by a municipal corporation to: (I) either the New York
state and local employees' retirement system or the New York state and
local police and fire retirement system pursuant to section seventeen or
three hundred seventeen of the retirement and social security law; OR
(II) THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
S 9. This act shall take effect immediately, provided, however, that
section six of this act shall take effect July 1, 2010.
