S T A T E O F N E W Y O R K
________________________________________________________________________
7920
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the powers and duties
of boards of cooperative educational services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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] COOPERATIVE SERVICES (COSERS). (I) At
the request of component school districts, and with the approval of the
commissioner, provide any of the following AIDABLE COOPERATIVE services
[on a cooperative basis] (COSERS): school nurse teacher, attendance
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; maintenance and operation of cafeteria or restaurant service
for the use of pupils and teachers while at school, and such other AIDA-
BLE OR NONAIDABLE services as the commissioner may approve. Such cafete-
ria 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.
(II) THE COMMISSIONER SHALL BY REGULATION ESTABLISH THE PROCESS FOR
CONSIDERING AND APPROVING AIDABLE AND NONAIDABLE COOPERATIVE SERVICES
(COSERS). SUCH REGULATIONS SHALL ESTABLISH CRITERIA TO BE APPLIED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10259-02-9
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COMMISSIONER IN APPROVING PROPOSED COSERS. SUCH CRITERIA SHALL INCLUDE:
CONSIDERATION OF THE POTENTIAL FOR PARTICIPANT SCHOOL DISTRICTS TO
ACHIEVE COST SAVINGS OR TO UTILIZE RESOURCES, INCLUDING FACILITIES, MORE
EFFICIENTLY; NEED FOR SUCH SERVICES WITHIN THE LOCAL AREA OR REGION TO
BE SERVED; THE OPPORTUNITIES FOR STUDENTS, INCLUDING THOSE WITH HANDI-
CAPPING CONDITIONS, TO EARN CREDIT FOR ACADEMIC SUBJECTS; THE OPPORTU-
NITIES FOR STUDENTS TO BE PREPARED TO PARTICIPATE IN SOCIETY OR THE
WORKFORCE; AND ANY OTHER MATTERS WHICH WOULD ENCOURAGE AND FOSTER COOP-
ERATION.
S 2. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
(8) TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO CARRY OUT
THE PURPOSES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS
OUTLINED IN CLAUSE (II) OF SUBPARAGRAPH ONE OF PARAGRAPH D OF THIS
SECTION.
S 3. Subparagraph (a) of paragraph p of subdivision 4 of section 1950
of the education law, as amended by chapter 602 of the laws of 1994, is
amended to read as follows:
(a) To rent suitable land, classrooms, offices or buildings upon or in
which to maintain and conduct such cooperative educational services and
administrative offices for a period not to exceed [ten] TWENTY years and
to improve, alter, equip and furnish such land, classrooms, offices or
buildings in a suitable manner for such purposes (1) before executing
any lease, the board shall adopt a resolution determining that such
agreement is in the best financial interests of the supervisory district
and stating the basis of that determination; (2) the rental payment
shall not be more than the fair market value as determined by the board;
and (3) upon the consent of the commissioner, renewal of such lease may
be made for a period of up to ten years. Nothing contained herein shall
prevent the board from entering into a lease agreement which provides
for the cancellation of the same by such board upon: (i) a substantial
increase or decrease in pupil enrollment; or (ii) a substantial change
in the needs and requirements of a board of cooperative educational
services with respect to facilities; or (iii) any other change which
substantially affects the needs or requirements of a board of cooper-
ative educational services or the community in which it is located. No
lease or other contract for the occupancy of such land, classrooms,
offices or buildings shall be enforceable against the board of cooper-
ative educational services unless and until the same shall have been
approved in writing by the commissioner.
S 4. Subparagraph 2 of paragraph bb of subdivision 4 of section 1950
of the education law, as added by chapter 53 of the laws of 1984, is
amended to read as follows:
(2) The commissioner may approve such programs and services [only if
they (a) are requested by two or more component school districts; (b)
will provide additional opportunities for pupils; (c) will be expected
to result in a cost savings to the two or more component school
districts requesting the programs and services; (d) will provide greater
opportunity for pupils, including those with handicapping conditions, to
earn credit for academic subjects and (e) will insure a greater or more
appropriate use of facilities by boards of cooperative educational
services] AS COOPERATIVE SERVICES (COSERS) AS PROVIDED BY SUBPARAGRAPH
ONE OF PARAGRAPH D OF THIS SUBDIVISION.
S 5. Subparagraph 2 of paragraph h 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:
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(2) To enter into contracts with the United States of America, the
State of New York, any school district, community college, public insti-
tution of higher education, independent institution of higher education
eligible for aid under section sixty-four hundred one of this chapter,
CHARTER SCHOOL AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER, or
public agency in relation to the program of the board of cooperative
educational services, and any such school district, community college,
institution of higher education, CHARTER SCHOOL, or public agency is
hereby authorized and empowered to do and perform any and all acts
necessary or convenient in relation to the performance of any such
contracts.
S 6. This act shall take effect immediately.