Senate Bill S4117B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4117

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

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, 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
              

S. 4117                             2

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:

S. 4117                             3

  (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.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4117--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by  Sens. OPPENHEIMER, MONTGOMERY, SERRANO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  reported favorably from said committee and committed to
  the Committee on Finance -- reported  favorably  from  said  committee
  with amendments and committed to the Committee on Rules

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.
                                                           LBD10259-05-9

S. 4117--A                          2

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 DISABIL-
ITIES, TO EARN CREDIT  FOR  ACADEMIC  SUBJECTS;  THE  OPPORTUNITIES  FOR
STUDENTS  TO BE PREPARED TO PARTICIPATE IN SOCIETY OR THE WORKFORCE; AND
ANY OTHER MATTERS WHICH WOULD ENCOURAGE AND FOSTER COOPERATION.
  S 2. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding two new subparagraphs 8 and 9 to read as follows:
  (8) TO ENTER INTO CONTRACTS AS NECESSARY TO CARRY OUT THE PURPOSES  OF
THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AS  OUTLINED IN THIS
SECTION.
  (9) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE
FIFTY-SIX OF THIS CHAPTER, TO PROVIDE SERVICES  AS  AUTHORIZED  BY  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. This act shall take effect immediately.