S. 1476 2
however, the state has set local priorities and forced municipal taxing
decisions by mandating services, programs, and standards. As a result,
many local governments and school districts are today in an acutely
difficult fiscal situation.
Thus, in order to prevent irresponsible state actions which prevent
localities from making their own decisions, and which force unwanted
local property tax increases, it is necessary to ensure that state
mandates will not be forced on localities and school districts unless
they are adequately funded.
S 2. The general municipal law is amended by adding a new section 25
to read as follows:
S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
(II) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
(II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
(III) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
(C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION IN
EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL
COST TO ALL MUNICIPAL CORPORATIONS IN EXCESS OF ONE MILLION DOLLARS.
3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR
EXPANDED PROGRAMS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
S. 1476 3
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE
CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND CONSISTENT WITH THE AVAILABILITY OF
REQUIRED FUNDS.
S 3. The education law is amended by adding a new section 1527-a to
read as follows:
S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) 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
(II) 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.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
(II) ANY ALTERATION IN FUNDING PROVIDED TO ANY SUCH SCHOOL DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
(III) 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, THEREBY RESULTING IN A NET ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
(C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
S. 1476 4
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF SCHOOL DISTRICT MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT IN EXCESS OF TEN THOU-
SAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL SCHOOL
DISTRICTS IN EXCESS OF ONE MILLION DOLLARS.
3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
S 4. 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 THE FOLLOWING YEAR FOR WHICH SUCH SCHOOL
BUDGET WAS ADOPTED.
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
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
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
S. 1476 5
EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
S 5. Short title. Sections five through twenty-six of this act shall
be known and may be cited as "the school paperwork elimination and
reduction act of 2009".
S 6. Legislative findings. The legislature hereby finds and declares
that the current required planning and reporting requirements for school
districts and BOCES have become excessive, resulting in significant
administrative burdens. The legislature further finds that chapter 83 of
the laws of 2002 added subdivision 32 to section 305 of the education
law which required the commissioner of education to complete a review of
all applications, plans and reports required of school districts and
BOCES. The legislature further finds that the commissioner of education
provided the legislature and the division of the budget on June 1, 2003,
with a report entitled "A Proposal on Planning and Reporting by New York
State School Districts for the Strategic Use of School Resources for
School Improvement" which included a proposal to replace existing plan-
ning and reporting requirements with a new comprehensive streamlined
reporting system.
The legislature further finds that sections five through twenty-six of
this act implements those portions of the commissioner of education's
report which addressed state statutorily required planning and reporting
requirements by eliminating such requirements and by reducing the scope
of other statutorily required planning and reporting requirements. The
legislature further finds that the creation of a comprehensive planning
and reporting system is a necessary component to the reduction of scope
and elimination of certain existing planning and reporting requirements.
S 7. The education law is amended by adding a new section 101-b to
read as follows:
S 101-B. PAPERWORK REDUCTION. 1. IT SHALL BE THE DUTY OF THE COMMIS-
SIONER TO REDUCE THE PAPERWORK BURDEN ON SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES BY ELIMINATING AND AVOIDING DUPLICATIVE
REPORTING REQUIREMENTS WHEREVER POSSIBLE, AND BY CONSOLIDATING PLANS,
REPORTS AND APPLICATIONS, WHERE POSSIBLE, WHILE FOCUSING PLANNING AND
REPORTING ON RESULTS RATHER THAN THE PROCESSES TO ACHIEVE THEM. THE
COMMISSIONER SHALL CONFORM STATE REPORTING AND PLANNING REQUIREMENTS TO
FEDERAL REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK FEDERAL WAIVERS
WHERE NEEDED TO ALIGN STATE AND FEDERAL REQUIREMENTS.
2. THE COMMISSIONER SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND
APPLICATIONS REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELEC-
TRONIC DATA COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT REPORTING,
CONNECT PLANNING AND REPORTING, AND WHICH FOCUS ON COLLECTING DATA AND
REQUIRING PLANNING ONLY WHEN NECESSARY TO ASSURE FISCAL AND PROGRAMMATIC
ACCOUNTABILITY, TO FOSTER CONTINUOUS SCHOOL IMPROVEMENT AND CLOSE THE
GAP BETWEEN ACTUAL AND DESIRED STUDENT ACHIEVEMENT, AND TO ASSURE
SCHOOLS PROVIDE A SAFE AND SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH
AND SAFETY OF STUDENTS AND STAFF. SUCH SYSTEMS SHALL MATCH OVERSIGHT
WITH THE DEGREE OF RISK BY LINKING PLANNING AND REPORTING TO THE STATE
SYSTEM OF ACCOUNTABILITY REQUIRED UNDER FEDERAL LAW, PROVIDING FOR AN
AUDIT BASED ASSESSMENT OF RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL
PERFORMANCE OR IMPROPER MANAGEMENT OR USE OF PUBLIC FUNDS. THE COMMIS-
SIONER SHALL ESTABLISH PARTNERSHIPS WITH SELECTED SCHOOL DISTRICTS AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO PROMOTE BETTER USE OF
REQUIRED PLANNING AND REPORTING AND SHALL ASSURE THAT REPORTING REQUIRE-
MENTS INCLUDE DATA WHICH CAN BE USED TO IDENTIFY BEST PRACTICES. THE
S. 1476 6
COMMISSIONER SHALL PROVIDE FOR THE SHARING OF EFFECTIVE PLANNING PRAC-
TICES WITH SCHOOL DISTRICTS AND, TO THE EXTENT PRACTICABLE, SHALL
PROVIDE TECHNICAL ASSISTANCE ON THE USE OF DATA FOR PLANNING, INVOLVE
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND INSTITUTIONS OF HIGHER
EDUCATION IN PROVIDING TRAINING ON THE USE OF DATA FOR STRATEGIC PLAN-
NING TO SUPERINTENDENTS OF SCHOOLS, SCHOOL BUSINESS OFFICIALS AND TEACH-
ERS, PROVIDE FOR TRAINING ON THE USE OF DATA IN PLANNING TO SCHOOL BOARD
MEMBERS AND INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION.
S 8. 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. Such
report will include changes from the year prior to the report year for
each such item for all boards of cooperative educational services. Such
report shall be distributed to all school districts and boards of coop-
erative educational services and shall be made available to all other
interested parties upon request.
S 9. Subdivision 32 of section 305 of the education law is REPEALED.
S 10. Section 805 of the education law is REPEALED.
S 11. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
2. The regents shall determine the subjects to be included in such
courses of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the grades
in such subjects. [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into effect the teaching of the courses of instruction prescribed by
this section. The commissioner of education shall be responsible for
the enforcement of such section and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may, in his discretion, cause all or a portion of the public school
money to be apportioned to a district or city to be withheld for failure
of the school authorities of such district or city to provide instruc-
tion in such courses and to compel attendance upon such instruction, as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
S 12. Subparagraph 1 of paragraph b 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) Prepare, prior to the annual meeting of members of the boards of
education and school trustees, held as provided in paragraph o of this
S. 1476 7
subdivision, a tentative budget of expenditures for the program costs, a
tentative budget for capital costs, and a tentative budget for the
administration costs of the board of cooperative educational services.
Such budgets shall include the proposed budget for the upcoming school
year, the previous school year's actual costs and the current school
year's projected costs for each object of expenditure. Such program,
capital and administrative budgets shall be separately delineated in
accordance with the definition of program, capital and administrative
costs which shall be promulgated by the commissioner after consultation
with school district officials and the director of the budget. Personal
service costs for each budget shall include the number of full-time
equivalent positions funded and total salary and, except as noted here-
in, fringe benefit costs for such positions by program. Each program
budget shall also include the local and statewide unit costs of such
programs and services proposed for the upcoming school year, such actual
unit costs for the previous school year, and the current school year's
projected unit costs, all established in accordance with paragraph d of
this subdivision. The capital budget shall include facility construction
and lease expenditures authorized pursuant to paragraphs p, t and u of
this subdivision, payments for the repayment of indebtedness related to
capital projects, payments for the acquisition or construction of facil-
ities, sites or additions, provided that such budget shall contain a
rental, operations and maintenance section that will include base rent
costs, total rent costs, operations and maintenance charges, cost per
square foot for each facility rented or leased by such board of cooper-
ative educational services, and any and all expenditures associated with
custodial salaries and benefits, service contracts, supplies, utilities,
maintenance and repairs for such facilities, and that such budget shall
include the annual debt service and total debt for all facilities
financed by bonds or notes of the component districts, annual rental and
lease payments and total rental and lease costs for all facilities rent-
ed by such board; such capital budget shall also include expenditures
resulting from court judgments and orders from administrative bodies or
officers, and, to the extent a board's administrative budget has been
adopted, one-time costs incurred in the first year in which an employee
retires. The administrative budget shall include, but need not be limit-
ed to, office and central administrative expenses, traveling expenses
and salaries and benefits of supervisors and administrative personnel
necessary to carry out the central administrative duties of the supervi-
sory district, any and all expenditures associated with the board, the
office of district superintendent, general administration, central
support services, planning, and all other administrative activities.
Such administrative budget shall also specify the amount of supplementa-
ry salary and benefits, if any, which the board determines should be
paid to the district superintendent of schools and the board shall
append to such budget a detailed statement of the total compensation to
be paid the district superintendent of schools by the board, including a
delineation of the salary, annualized cost of benefits and any in-kind
or other form of remuneration to be paid, plus, commencing with the
presentation of the budget for the nineteen hundred ninety-seven--nine-
ty-eight school year, [a list of items of expense eligible for
reimbursement on expense accounts in the ensuing school year and] a
statement of the amount of expenses paid to the district superintendent
of schools in the prior year for purposes of carrying out his or her
official duties.
S. 1476 8
S 13. Subparagraph 5 of paragraph b 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:
(5) The trustees or board of education of each component school
district of the board of cooperative educational services shall adopt a
public resolution which shall approve or disapprove such tentative
administrative budget at a regular or special meeting to be held within
the component district on the date designated pursuant to subdivision
two-a of this section as the date for election of members of the board
of cooperative educational services, or in the case of the board of
education of a central high school district on the regular business day
next following such designated date. If the resolutions adopted by the
trustees or boards of education of a majority of the component school
districts of the board of cooperative educational services actually
voting approve the tentative administrative budget, the board of cooper-
ative educational services may adopt the tentative administrative budget
without modification. If a majority of the component school districts
actually voting fail to adopt resolutions approving such tentative
administrative budget, or if the number of component school districts
approving the budget equals the number of school districts disapproving
the budget, the board of cooperative educational services shall prepare
and adopt a contingency administrative budget which shall not exceed the
amount of the administrative budget of the board of cooperative educa-
tional services for the previous school year except to accommodate
expenditure increases attributable to supplemental retirement allowances
payable pursuant to section five hundred thirty-two of this chapter and
section seventy-eight of the retirement and social security law. [For
purposes of development of a budget for the nineteen hundred ninety-
four--ninety-five school year, each board of cooperative educational
services shall separate its program, capital and administrative costs
for the nineteen hundred ninety-three--ninety-four school year in the
manner prescribed by the commissioner, and] THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES shall NOT BE REQUIRED TO submit [the resulting] ITS
separate administrative budget to the commissioner for approval. [Upon
approval of the commissioner, such separate administrative budget shall
be deemed the administrative budget of the board of cooperative educa-
tional services for the nineteen hundred ninety-three--ninety-four
school year.]
S 14. 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] KEEP ON FILE AND AVAILABLE FOR
PUBLIC INSPECTION AND REVIEW BY THE COMMISSIONER 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] PROVIDED THAT SUCH
PLANS MAY BE INCORPORATED INTO A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES DISTRICT-WIDE COMPREHENSIVE PLAN.
S. 1476 9
S 15. Subparagraph 2-a of paragraph d of subdivision 4 of section 1950
of the education law is REPEALED.
S 16. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of section
1950 of the education law, as amended by chapter 474 of the laws of
1996, are amended to read as follows:
(3) Requests for shared services; operating plan; required notice.
Requests for such shared services shall be filed by component school
districts with the board of cooperative educational services not later
than the first day of February of each year, provided that such requests
shall not be binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual oper-
ating plan for the ensuing school year to the department for approval
not later than the fifteenth day of February of each year. Such board
shall, through its executive officer, notify each component school
district on or before the tenth day of March concerning the services
[which] THAT have been approved by the commissioner to be made available
for the ensuing school year. Such notice shall set forth the local
uniform cost of each such service, based on (i) anticipated partic-
ipation in the ensuing school year, or (ii) participation in the current
year, or (iii) a two or three year average including participation in
the current year, which unit cost shall be the same for all participat-
ing component districts and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials with
their respective boards[; provided, however, such unit cost shall be
subject to final adjustment for programs for students with disabilities
based on actual participation in accordance with regulations of the
commissioner. Notwithstanding the determination of the local uniform
unit cost methodology selected in accordance with this paragraph, each
board of cooperative education services shall annually report to the
commissioner the budgeted unit cost and, when available, the actual unit
cost of such programs and services, in accordance with both the local
uniform unit cost methodology and a statewide uniform unit cost method-
ology prescribed by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated participation in
the ensuing year and the actual statewide unit cost shall be based on
actual participation through the end of each year].
(4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May following such
notification notify the board of cooperative educational services of its
intention to participate or not to participate in such shared services
and the specific services which such district elects to utilize. Each
participating component school district shall be required to pay the
board of cooperative educational services for the cost of the services
set forth in such notification, except for adjustments caused by subse-
quent unanticipated changes in the district's enrollment. The board of
cooperative educational services shall enter into contracts with its
component school districts for such requested services. A copy of each
executed contract for such purpose shall be [filed with the commissioner
by] ON FILE WITH the board of cooperative educational services AND
AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST on or prior to the first
day of August of each year. Notwithstanding the provisions of paragraph
b of this subdivision, any component school district which does not
elect to participate in any such specific cooperative services author-
ized under this paragraph shall not be required to pay any share of the
moneys provided in the budget as salaries of teachers or other personnel
S. 1476 10
employed in providing such service, for equipment and supplies for such
service or for transportation of pupils to and from the place where such
service is maintained. Provided, further, that a board of cooperative
educational services may allocate the cost of such services to component
school districts in accordance with terms agreed upon between such board
and three-quarters of the boards of education and trustees of local
school districts participating in the service.
S 17. Paragraph aa of subdivision 4 of section 1950 of the education
law, as added by chapter 595 of the laws of 1978, is amended to read as
follows:
aa. Notwithstanding any other provision of law, a board of cooperative
educational services may[, with the prior written approval of the
commissioner,] contract to accept from a leasing company which has qual-
ified as lowest bidder pursuant to the provisions of the general munici-
pal law a sum sufficient to purchase data processing equipment from the
manufacturer thereof, pay such sum to the manufacturer of said equip-
ment, receive the equipment and title thereto and convey the same to the
leasing company with a simultaneous lease of the equipment from such
leasing company to the board of cooperative educational services for a
specified period of years. Before any such agreement shall be executed,
the board of cooperative educational services shall adopt a resolution
determining that such agreement is in the best financial interest of the
board. Such lease may be renewed for a further specified period of years
[with the prior approval of the commissioner of education].
S 18. Paragraph kk of subdivision 4 of section 1950 of the education
law, as added by section 13 of part A of chapter 436 of the laws of
1997, is amended to read as follows:
kk. For the nineteen hundred ninety-seven--ninety-eight school year
and thereafter, the board of cooperative educational services (BOCES)
shall prepare a BOCES report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies of the
proposed administrative budget made publicly available as required by
law, making it available for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the board of
cooperative educational services, on a school by school or program by
program basis, and measures of the fiscal performance of the supervisory
district, as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these measures to
statewide averages for all boards of cooperative educational services.
Such report card shall include[, at a minimum, any information of the
board of cooperative educational services regarding pupil performance
and expenditure per pupil required to be included in the annual report
by the regents to the governor and the legislature pursuant to section
two hundred fifteen-a of this chapter; and] any other information
required by the commissioner.
S 19. Subdivision 2 of section 2201 of the education law, as amended
by chapter 295 of the laws of 1993, is amended to read as follows:
2. Whenever a vacancy hereafter occurs in the office of district
superintendent of schools in any supervisory district or whenever the
commissioner receives a letter of resignation from a district super-
intendent, the commissioner [shall] MAY survey the field in the county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to serve adequately the educational interests of the county he or she
S. 1476 11
shall be authorized to conduct a study to examine the possible reorgan-
ization of such supervisory district if no such study has been conducted
within five years.
S 20. Subdivision 5 of section 2802 of the education law, as added by
chapter 181 of the laws of 2000, is amended to read as follows:
5. By [January] APRIL first of each year, the commissioner shall
report to the governor, the legislature and the regents concerning the
prevalence of violence and disruptive incidents in the public schools[,
and the effectiveness of school programs undertaken to reduce violence
and assure the safety and security of students and school personnel].
The report shall summarize the information available from the incident
reporting system, and [identify specifically the schools and school
districts with the least and greatest incidence of violent and disrup-
tive incidents, and the least and most improvement since the previous
year or years] COMPARE THE INCIDENCE OF VIOLENT AND DISRUPTIVE INCIDENTS
OF SCHOOLS AND SCHOOL DISTRICTS AND BOARDS WITH OTHER SCHOOLS AND SCHOOL
DISTRICTS AND BOARDS BASED ON SIMILARITY IN SIZE AND GRADE LEVELS AND
OTHER CHARACTERISTICS, INCLUDING STUDENT NEED AND RESOURCES, AS DETER-
MINED BY THE COMMISSIONER. [The report shall also, to the extent possi-
ble, relate the results available from the incident reporting system,
together with such other analysis and information as the commissioner
determines is appropriate, to the effectiveness of school violence meas-
ures undertaken by participating schools and school districts, including
the school codes and school safety plans required by sections twenty-
eight hundred one and twenty-eight hundred one-a of this article.]
S 21. 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. The commissioner 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 22. Paragraph f of subdivision 11 of section 3602 of the education
law, as added by chapter 82 of the laws of 1995 and such subdivision as
S. 1476 12
renumbered by section 15 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
f. Approved plan of service and program evaluation. All school
districts and BOCES desiring to operate an aidable program pursuant to
this subdivision shall complete [a comprehensive plan of service] AN
application, including a budget by program component[, together with an
evaluation of the effectiveness of program components offered during the
most recent July first through March thirtieth, if any]. Such [evalu-
ation and plan] APPLICATION shall be in a form prescribed by the commis-
sioner and shall be submitted not later than [forty-five days after the
provisions of this paragraph shall have become law, and not later than]
May fifteenth in [subsequent] EACH school [years] YEAR. Within forty-
five days of such deadline, and upon evaluation of such applications,
the commissioner shall notify school districts and BOCES of those
portions of such [plan of service] APPLICATION that will be aidable in
the school year ahead after making a determination that approval of such
[programs] APPLICATION will assure maximum effectiveness, geographic
availability and lack of duplication of such programs, support for
educational initiatives, and compliance with required program and fiscal
reporting requirements. No aid shall be payable pursuant to this subdi-
vision unless the [program] APPLICATION is approved by the commissioner.
S 23. Paragraph d of subdivision 26-a of section 3602 of the education
law is REPEALED.
S 24. Subdivision 13 of section 3602-e of the education law is
REPEALED.
S 25. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 26. Paragraph b of subdivision 1 of section 4452 of the education
law is REPEALED.
S 27. There shall be established a demonstration program in the city
school district of the city of Syracuse under which students enrolled in
the twelfth grade during the 2009--2010 school year and thereafter who
were also enrolled in such district during the tenth and eleventh
grades, and who graduate from high school or meet high school graduation
requirements and matriculate at the state university or city university
of New York shall be guaranteed payment of full tuition and fees for
attendance at such institution. Such students shall be required to make
application for a tuition assistance program award pursuant to section
667 of the education law and shall, upon such matriculation, be eligible
for payment of tuition expenses not otherwise covered by the tuition
assistance program, and fees. The duration of eligibility for receipt
of such payment shall be as provided in paragraphs a and b of subdivi-
sion 3 of section 669-a of the education law. The board of trustees of
the New York state higher education services corporation shall, on or
before December 31, 2009, promulgate regulations that establish eligi-
bility criteria and application requirements for such demonstration
program.
S 28. This act shall take effect immediately, provided that:
1. sections one through three of this act shall be deemed to have been
in full force and effect on and after April 1, 2009 and shall apply to
any general or special law imposing mandates on municipal corporations
or school districts enacted on or after such effective date; and
2. the commissioner of education shall adopt any regulations needed to
implement the provisions of this act on or before July 1, 2010.
