S T A T E O F N E W Y O R K
________________________________________________________________________
5856
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
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Introduced by M. of A. CONTE, HAWLEY, KOLB, OAKS, RAIA, REILICH, SALADI-
NO, THIELE, WALKER -- Multi-Sponsored by -- M. of A. BACALLES, BALL,
BARCLAY, FINCH, JORDAN, MILLER, O'MARA, SAYWARD, SPANO, TEDISCO, TOWN-
SEND -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to increasing the quali-
fications for school district business officials
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 2116-d
to read as follows:
S 2116-D. SCHOOL DISTRICT BUSINESS OFFICIALS. 1. ON AND AFTER JULY
FIRST, TWO THOUSAND TWELVE, THE BOARD OF EDUCATION OR OTHER GOVERNING
BOARD OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL BE REQUIRED TO EMPLOY A CERTIFIED SCHOOL BUSINESS LEADER WHO MEETS
THE REQUIREMENTS OF SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF
THIS CHAPTER AS THE CHIEF SCHOOL BUSINESS OFFICIAL OF THE DISTRICT,
EXCEPT THAT AN INCUMBENT WHO IS SERVING AS THE CHIEF SCHOOL BUSINESS
OFFICIAL ON SUCH DATE AS A DEPUTY, ASSISTANT, OR ASSOCIATE SUPERINTEN-
DENT FOR BUSINESS OR OTHER CERTIFIED SCHOOL ADMINISTRATOR HAVING PROFES-
SIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT,
OR IN A POSITION IN THE CLASSIFIED CIVIL SERVICE AS A SCHOOL BUSINESS
MANAGER OR THE EQUIVALENT, MAY CONTINUE TO BE EMPLOYED IN SUCH CAPACITY,
PROVIDED THAT SUCH INDIVIDUAL SUCCESSFULLY COMPLETES THE EXAMINATION
PRESCRIBED BY THE COMMISSIONER PURSUANT TO PARAGRAPH B OF SUBDIVISION
SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER NO LATER THAN JUNE
THIRTIETH, TWO THOUSAND FOURTEEN.
2. EVERY EMPLOYMENT CONTRACT ENTERED INTO, AMENDED OR EXTENDED BY THE
TRUSTEES OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES ON OR AFTER JULY FIRST, TWO THOUSAND
TEN WITH A DEPUTY SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSOCIATE
SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSISTANT SUPERINTENDENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04325-01-9
A. 5856 2
SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPONSIBILITY
FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT OR WITH AN INDIVIDUAL
EMPLOYED IN A CLASSIFIED CIVIL SERVICE POSITION AS A SCHOOL BUSINESS
MANAGER OR THE EQUIVALENT SHALL INCLUDE A CLAUSE REQUIRING THAT SUCH
EMPLOYEE COMPLETE THE REQUIRED CONTINUING EDUCATION COURSEWORK IN
ACCOUNTING AND/OR FINANCE AND PROFESSIONAL DEVELOPMENT COURSES APPROVED
BY THE COMMISSIONER IN EACH YEAR OF THE CONTRACT.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ON AND AFTER JULY FIRST, TWO THOUSAND TWELVE, EXPENSES
INCURRED BY SCHOOL DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES FOR THE SHARING OF PERSONNEL TO SERVE AS A DEPUTY SUPERINTEN-
DENT OF SCHOOLS FOR BUSINESS, ASSOCIATE SUPERINTENDENT OF SCHOOLS FOR
BUSINESS, ASSISTANT SUPERINTENDENT OF SCHOOLS FOR BUSINESS OR OTHER
PERSON HAVING PROFESSIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF
THE SCHOOL DISTRICT SHALL NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVI-
SION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER OR ANY OTHER
PROVISIONS OF LAW PROVIDING AID FOR THE SHARING OF SERVICES, UNLESS SUCH
SHARED EMPLOYEE IS CERTIFIED AS A SCHOOL DISTRICT BUSINESS LEADER PURSU-
ANT TO SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER.
S 2. Subdivision 5 of section 3003 of the education law, as added by
chapter 639 of the laws of 1990, is amended and a new subdivision 6 is
added to read as follows:
5. [The] FOR CANDIDATES WHO APPLY FOR A CERTIFICATE ON OR BEFORE THE
FIRST DAY OF SEPTEMBER, TWO THOUSAND ELEVEN, THE commissioner may
provide for the issuance of a certificate as deputy, associate or
assistant superintendent for business to any qualified person who meets
all of the requirements of subdivision one of this section, except those
contained in paragraph b of subdivision one of this section.
6. A. FOR CANDIDATES WHO APPLY FOR A CERTIFICATE ON OR AFTER THE
SECOND DAY OF SEPTEMBER, TWO THOUSAND ELEVEN, THE COMMISSIONER SHALL
PROVIDE FOR THE ISSUANCE OF A PROFESSIONAL CERTIFICATE AS A SCHOOL
DISTRICT BUSINESS LEADER (DEPUTY SUPERINTENDENT OF SCHOOLS FOR BUSINESS,
ASSOCIATE SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSISTANT SUPERINTEN-
DENT OF SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPON-
SIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT) IN ACCORD-
ANCE WITH THIS SUBDIVISION TO ANY QUALIFIED PERSON WHO MEETS ALL OF THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, EXCEPT THOSE CONTAINED
IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, AND THE REQUIREMENTS
OF THIS SUBDIVISION.
B. THE COMMISSIONER SHALL REQUIRE THAT AT LEAST TWENTY-FOUR SEMESTER
HOURS OF THE GRADUATE COURSES REQUIRED UNDER PARAGRAPH A OF SUBDIVISION
ONE OF THIS SECTION BE IN ACCOUNTING AND/OR FINANCE COURSES DETERMINED
BY THE COMMISSIONER TO BE RELEVANT TO THE EFFECTIVE MANAGEMENT OF THE
FISCAL RESOURCES OF A SCHOOL DISTRICT. THE COMMISSIONER SHALL ALSO
REQUIRE CANDIDATES TO SUCCESSFULLY COMPLETE AN EXAMINATION THAT WILL
ASSESS THE CANDIDATE'S KNOWLEDGE OF BASIC BUDGETING AND ACCOUNTING PRIN-
CIPLES AND THE STATE AND FEDERAL LAWS AND REGULATIONS RELATING TO SCHOOL
FINANCE, WHEN SUCH EXAMINATION BECOMES AVAILABLE. THE COMMISSIONER SHALL
ALSO REQUIRE THAT CANDIDATES COMPLETE AN INTERNSHIP REQUIREMENT AS PART
OF THEIR GRADUATE PROGRAM THAT INCLUDES A FULL-TIME EXPERIENCE OF AT
LEAST FIFTEEN WEEKS IN DURATION.
C. THE COMMISSIONER SHALL ESTABLISH AN ALTERNATIVE PATHWAY TO SUCH
CERTIFICATION, WHEREBY A CANDIDATE WHO FULFILLS ALL OTHER REQUIREMENTS
SHALL BE DEEMED TO MEET THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR A
PROFESSIONAL CERTIFICATE IF HE OR SHE HOLDS A MASTER'S DEGREE IN BUSI-
NESS ADMINISTRATION OR A MASTER'S DEGREE IN ACCOUNTING.
A. 5856 3
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT A WAIVER OF
THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR A PROFESSIONAL CERTIF-
ICATE TO CANDIDATES WHO, UPON REVIEW OF THEIR TRANSCRIPT AND EXPERIENCE,
ARE DETERMINED BY THE COMMISSIONER TO BE EXCEPTIONALLY QUALIFIED TO
SERVE AS A SCHOOL DISTRICT BUSINESS LEADER.
E. THE COMMISSIONER SHALL ALSO REQUIRE THAT THE PROFESSIONAL DEVELOP-
MENT REQUIRED UNDER THE REGULATIONS OF THE COMMISSIONER OF ALL CERTIF-
ICATE HOLDERS TO MAINTAIN A PROFESSIONAL CERTIFICATE AS A SCHOOL
DISTRICT BUSINESS LEADER ANNUALLY INCLUDE A MAJORITY ANNUALLY OF
APPROVED COURSEWORK IN ACCOUNTING AND/OR FINANCE.
S 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.