S T A T E O F N E W Y O R K
________________________________________________________________________
2190
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. BALL, THIELE, SAYWARD, RABBITT, TEDISCO --
Multi-Sponsored by -- M. of A. AMEDORE, BACALLES, BARCLAY, BOYLE,
BURLING, CALHOUN, CONTE, CROUCH, DUPREY, ERRIGO, FINCH, FITZPATRICK,
HAWLEY, P. LOPEZ, McDONOUGH, McKEVITT, MILLER, MOLINARO, OAKS, O'MARA,
QUINN, RAIA, SALADINO, SCOZZAFAVA, TOWNSEND, WALKER -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to the streamlining of
planning and reporting requirements for school districts and boards of
cooperative educational services; and to repeal subdivision 32 of
section 305 of such law relating to a study of such requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 215-b of the education law, as amended by chapter
301 of the laws of 1996, is amended to read as follows:
S 215-b. Annual report by commissioner to governor and legislature.
The commissioner shall prepare and submit to the governor, the president
pro tem of the senate and the speaker of the assembly not later than
January first, nineteen hundred ninety-six and by the first day of Janu-
ary in each year thereafter, a report detailing the financial and
statistical outcomes of boards of cooperative educational services which
shall[, at minimum,] set forth with respect to the preceding school
year[: tuition costs for selected programs; standard per pupil cost
information for selected services as determined by the commissioner; and
aggregate expenditure data for the following categories: administration,
instructional services, career education, special education, rent and
facilities and other services; and such other information as deemed
appropriate] INFORMATION NECESSARY TO ASSURE THE ACCOUNTABILITY OF
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FOR ITS FISCAL AND PROGRAM-
MATIC RESOURCES, AS SET FORTH IN REGULATIONS TO BE PRESCRIBED by the
commissioner. The format for such report shall be developed in consulta-
tion with school district officials and the director of the budget.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01461-01-9
A. 2190 2
Such report will include changes from the year prior to the report year
for each such item for all boards of cooperative educational services.
WHERE APPLICABLE, SUCH REPORT SHALL BE SUBMITTED ELECTRONICALLY TO THE
DEPARTMENT OVER THE INTERNET THROUGH A SECURE WEBPAGE AS SET FORTH IN
REGULATIONS TO BE PRESCRIBED BY THE COMMISSIONER. THIS ELECTRONIC REPORT
SHALL TAKE THE PLACE OF FILING PAPER COPIES OF SUCH REPORT EXCEPT IN
CIRCUMSTANCES WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL
PAPER COPIES MUST BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES
AND REGULATIONS NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH
REPORT. Such report shall be distributed to all school districts and
boards of cooperative educational services and shall be made available
to all other interested parties upon request.
S 2. Subdivision 32 of section 305 of the education law is REPEALED
and two new subdivisions 32 and 32-a are added to read as follows:
32. A. THE COMMISSIONER SHALL, TO THE EXTENT PRACTICABLE AND CONSIST-
ENT WITH FEDERAL AND STATE LAW, ELIMINATE OR STREAMLINE PROGRAMMATIC
REPORTING, PLANNING AND APPLICATION REQUIREMENTS IMPOSED ON SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, IN ORDER TO
ELIMINATE OR MINIMIZE THE PRODUCTION OF REPORTS, APPLICATIONS AND PLANS
THAT CONTAIN DUPLICATIVE INFORMATION. WHERE APPLICABLE, THE COMMISSION-
ER SHALL REQUIRE THAT ALL SUCH REPORTS, APPLICATIONS AND PLANS SHALL BE
SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER THE INTERNET THROUGH A
SECURE WEBPAGE. THESE ELECTRONIC REPORTS, APPLICATIONS AND PLANS SHALL
TAKE THE PLACE OF FILING PAPER COPIES OF SUCH REPORTS, APPLICATIONS AND
PLANS EXCEPT IN CIRCUMSTANCES WHERE AN ORIGINAL SIGNATURE IS REQUIRED,
THEN ORIGINAL PAPER COPIES MUST BE FILED. THE COMMISSIONER SHALL
PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE ELEC-
TRONIC FILING OF SUCH REPORTS, APPLICATIONS AND PLANS. THE COMMISSIONER
SHALL REQUIRE ALL SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES TO COMPRESS ALL DISTRICTWIDE PLANNING REQUIREMENTS INTO A
SINGLE DISTRICTWIDE COMPREHENSIVE PLAN, WHICH AT A MINIMUM SHALL INCLUDE
THE COMPONENTS PRESCRIBED BY THE COMMISSIONER, INCLUDING BUT NOT LIMITED
TO THE DISTRICTWIDE LONG-RANGE CAPITAL FACILITIES PLAN, AND APPLICABLE
CURRENT FEDERAL REQUIREMENTS. IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, A DISTRICTWIDE COMPREHENSIVE PLAN SHALL BE DEVEL-
OPED FOR THE CITY SCHOOL DISTRICT, EACH COMMUNITY SCHOOL DISTRICT, AND
THE DISTRICTS OR OTHER ADMINISTRATIVE DIVISIONS RESPONSIBLE FOR OPERA-
TION OF NEW YORK CITY PUBLIC SCHOOLS. THE COMMISSIONER SHALL ALSO
REQUIRE ALL SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES TO COMPRESS ALL BUILDING LEVEL PLANNING REQUIREMENTS INTO A
SINGLE BUILDING LEVEL COMPREHENSIVE PLAN, WHICH AT A MINIMUM, SHALL
INCLUDE THE COMPONENTS PRESCRIBED BY THE COMMISSIONER AND APPLICABLE
CURRENT FEDERAL REQUIREMENTS. IT SHALL BE THE DUTY OF THE TRUSTEES OR
BOARD OF EDUCATION OF EVERY SCHOOL DISTRICT AND OF THE CHANCELLOR AND
EACH COMMUNITY DISTRICT EDUCATIONAL COUNCIL IN THE CITY SCHOOL DISTRICT
OF THE CITY OF NEW YORK AND OF EVERY BOARD OF COOPERATIVE EDUCATIONAL
SERVICES TO ASSURE THAT ALL COMPONENTS OF THE DISTRICTWIDE COMPREHENSIVE
PLAN AND EACH BUILDING LEVEL COMPREHENSIVE PLAN ARE AS FULLY INTEGRATED
AND CONSISTENT AS PRACTICABLE, AND THAT SUCH PLANS ARE CONTINUOUSLY
REVIEWED, REFLECT ONGOING ANALYSES OF CURRENT TEACHING AND LEARNING DATA
AND ARE UPDATED ON AT LEAST AN ANNUAL BASIS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY SEPARATE PLAN
REQUIREMENTS IMPOSED UNDER THIS CHAPTER OR ANY RULE OR REGULATION SHALL
BE DEEMED TO BE FULFILLED BY INCLUSION OF SUCH PLAN IN THE COMPREHENSIVE
DISTRICTWIDE OR BUILDING LEVEL PLAN, PROVIDED THAT ALL REQUIRED INFORMA-
TION IS INCLUDED IN THE APPLICABLE COMPREHENSIVE PLAN.
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B. THE COMMISSIONER SHALL REQUIRE THE TRUSTEES OR BOARD OF EDUCATION
OF EVERY SCHOOL DISTRICT AND THE CHANCELLOR AND EACH COMMUNITY
DISTRICT-EDUCATIONAL COUNCIL IN THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO MAKE ITS
DISTRICTWIDE COMPREHENSIVE PLAN AND EACH BUILDING LEVEL COMPREHENSIVE
PLAN AVAILABLE TO THE PUBLIC, EXCEPT WHERE SUCH PLANS CONTAIN INFORMA-
TION THAT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNDER STATE OR
FEDERAL LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION TO THE CONTRARY, ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES THAT MAKES ITS COMPREHENSIVE DISTRICTWIDE AND/OR
BUILDING LEVEL PLANS PUBLICLY AVAILABLE ELECTRONICALLY THROUGH POSTING
ON ITS WEBSITE SHALL BE DEEMED TO HAVE FILED SUCH PLANS WITH THE DEPART-
MENT AS OF THE DATE OF POSTING AND SHALL NOT BE REQUIRED TO SEPARATELY
REPORT THE INFORMATION CONTAINED IN SUCH PLANS TO THE DEPARTMENT,
PROVIDED THAT SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
REPORTS SUCH POSTING TO THE DEPARTMENT, WITH THE WEB ADDRESS AT WHICH
SUCH PLANS ARE AVAILABLE, IN THE MANNER PRESCRIBED BY THE DEPARTMENT,
AND PROVIDED FURTHER THAT NOTHING HEREIN SHALL PRECLUDE THE DEPARTMENT
FROM REQUIRING AMENDMENT OF A PLAN OR THE SUBMISSION OF ADDITIONAL
INFORMATION WHERE IT DETERMINES THAT THE INFORMATION IN THE COMPREHEN-
SIVE PLANS IS NOT CURRENT OR COMPLETE OR OTHERWISE SUFFICIENT TO MEET
STATUTORY OR REGULATORY REQUIREMENTS.
32-A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY, THE COMMISSIONER SHALL BE AUTHORIZED AND DIRECTED TO GRANT WAIVERS
PURSUANT TO THIS SUBDIVISION FROM ANY ANNUAL REPORTING REQUIREMENTS
IMPOSED ON SCHOOL DISTRICTS UNDER THIS CHAPTER, IN WHOLE OR IN PART,
PROVIDED SUCH WAIVERS APPLY TO ALL SCHOOL DISTRICTS AND DO NOT CONFLICT
WITH FEDERAL REQUIREMENTS. SUCH WAIVERS MAY BE GRANTED UPON FINDINGS BY
THE COMMISSIONER THAT:
A. THE PURPOSES OF THE REPORT CAN BE SUBSTANTIALLY MET THROUGH
SUBMISSION OF A REPORT ON A TWO-YEAR, THREE-YEAR OR FIVE-YEAR BASIS, AS
SPECIFIED BY THE COMMISSIONER, TAKING INTO ACCOUNT OTHER ANNUAL DATA
REPORTING REQUIREMENTS AND INFORMATION MADE PUBLICLY AVAILABLE BY THE
SCHOOL DISTRICT ON AN ANNUAL BASIS; AND
B. THE REPORT OR PORTION OF THE REPORT BEING WAIVED DOES NOT CONTAIN
FISCAL OR OTHER DATA OR INFORMATION NEEDED FOR PURPOSES OF COMPUTING
STATE OR FEDERAL AID OR FOR PURPOSES OF SCHOOL OR SCHOOL DISTRICT
ACCOUNTABILITY OR FOR AUDIT PURPOSES.
S 3. Paragraph c of subdivision 4 of section 1950 of the education
law, as amended by chapter 301 of the laws of 1996, is amended to read
as follows:
c. Make or cause to be made surveys to determine the need for cooper-
ative educational services in the supervisory district and present the
findings of their surveys to local school authorities. Each board of
cooperative educational services shall prepare long range program plans
to meet the projected need for such cooperative educational services in
the supervisory district for the next five years as may be specified by
the commissioner, and shall [submit] INCORPORATE such plans [and there-
after annual revisions of such plans to the commissioner on or before
the first day of December of each year, except that special education
and career education program plans, in a form specified by the commis-
sioner, shall be submitted every two years, no later than the date spec-
ified by the commissioner, and revised annually] INTO THE BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES DISTRICTWIDE COMPREHENSIVE PLAN. WHERE
APPLICABLE, THE COMMISSIONER SHALL REQUIRE THAT ALL SUCH PLANS SHALL BE
SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER THE INTERNET THROUGH A
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SECURE WEBPAGE. THIS ELECTRONIC PLAN SHALL TAKE THE PLACE OF FILING
PAPER COPIES OF SUCH PLAN EXCEPT IN CIRCUMSTANCES WHERE AN ORIGINAL
SIGNATURE IS REQUIRED, THEN ORIGINAL PAPER COPIES MUST BE FILED. THE
COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THE ELECTRONIC FILING OF SUCH PLAN.
S 4. Paragraph b of subdivision 8 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. District plans of service. Any school district receiving an addi-
tional apportionment pursuant to subdivision ten of this section for
pupils in career education programs or a payment in lieu of such appor-
tionment or having a public excess cost aid setaside pursuant to subdi-
vision four of this section shall keep on file and make available for
public inspection and review by the commissioner an acceptable plan of
service describing the student outcomes expected from implementation of
the proposed plan, provided that such plan may be incorporated into a
school district's district-wide comprehensive plan. The plan of service
[submitted by] OF a school district receiving an additional apportion-
ment pursuant to this section for pupils with disabilities shall also
describe how such district intends to ensure that all instructional
materials to be used in the schools of such district will be made avail-
able in a usable alternative format for each student with a disability
and for each student who is a qualified individual with a disability, at
the same time as such instructional materials are available to non-disa-
bled students, provided that such plan may incorporate by reference the
alternative format plans developed pursuant to subdivision twenty-nine-a
of section sixteen hundred four, subdivision four-a of section seventeen
hundred nine, subdivision seven-a of section twenty-five hundred three
or subdivision seven-a of section twenty-five hundred fifty-four of this
chapter. Such plans shall be in a form prescribed by the commissioner,
and except as heretofore provided, shall have the content prescribed by
the commissioner. WHERE APPLICABLE, THE COMMISSIONER SHALL REQUIRE THAT
ALL SUCH PLANS SHALL BE SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER
THE INTERNET THROUGH A SECURE WEBPAGE. THIS ELECTRONIC PLAN SHALL TAKE
THE PLACE OF FILING PAPER COPIES OF SUCH PLAN EXCEPT IN CIRCUMSTANCES
WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL PAPER COPIES MUST
BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH PLAN. The commis-
sioner may, from time to time, require amendments of such plans as
deemed to be necessary and appropriate to further the educational
welfare of the pupils involved.
S 5. Within one year of the effective date of this act, the commis-
sioner of education shall issue a report to the governor and the legis-
lature detailing the reporting requirements that have been eliminated
pursuant to the provisions of this act. Such report shall include
specific statutory requirements, reports and regulatory requirements
that have been eliminated or rendered null and void as a result of the
provisions of this act. Where applicable, the commissioner of education
shall require that such report shall be submitted electronically to the
education department over the internet through a secure webpage. This
electronic report shall take the place of filing paper copies of such
report except in circumstances where an original signature is required,
then original paper copies must be filed. The commissioner of education
shall promulgate all rules and regulations necessary to implement the
electronic filing of such report.
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S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that section one of this
act, subdivision 32 of section 305 of the education law, as repealed and
added by section two of this act, and sections three and four of this
act shall take effect July 1, 2009. The commissioner of education is
immediately authorized and directed to promulgate, amend and/or repeal
any rule or regulation necessary for the implementation of this act on
its effective date on or before such effective date.