NY State Senate Bill 2009-S5911

Senate Bill S5911

2009-2010 Legislative Session

Relates to paperwork reduction and eliminating certain reporting requirements for school districts; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jun 18, 2009	referred to rules

2009-S5911 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §101-b, amd §§806, 2802 & 3602, rpld §805, §4402 sub 1 ¶b sub¶ 5 clause (e), §4452 sub 1 ¶b

2009-S5911 (ACTIVE) - Summary

Relates to paperwork reduction and eliminating certain reporting requirements for school districts.

2009-S5911 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5911

 TITLE OF BILL :

An act to amend the education law, in relation to paperwork reduction,
and eliminating certain reporting requirements; and repealing section
805, clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 and paragraph b of subdivision 1 of section 4452 of such
law relating thereto


 PURPOSE :

To streamline planning and reporting requirements placed on school
districts and boards of cooperative educational services (BOCES) by
reducing duplicative and burdensome separate reporting systems.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Education Law (EDL) § 101-b to
require the commissioner of Education (commissioner) reduce the
paperwork burden on schools by streamlining data collection systems,
collaborate with selected school districts to promote better use of
required planning and reporting and provide technical assistance for
best practices on the use of data planning.

Section 2 of the bill would repeal EDL § 805 to eliminate the
Commissioner's ability to withhold funds relating to health education.

Section 3 of the bill would amend § 806(c)(2) to eliminate the
inspection and enforcement of highway and traffic safety regulation
instruction.

Section 4 of the bill would amend EDL § 2802(5) to modify the
reporting contents of the Commissioner's annual report to the
Governor, Legislature and the Regents about the prevalence of violence
in schools.

Section 5 of the bill would amend § 3602(8)(b) to eliminate the
requirement for school districts to file plans regarding alternative
format instructional materials.

Section 6 would amend EDL § 4402(1)(b)(5)(e) which eliminates
reporting requirements relating to adult services for handicapped
children.

Section 7 of the bill would repeal EDL § 4452(1)(b), which eliminates
a report relating to gifted students.

Section 8 of the bill would make this bill effective immediately upon
enactment.

 EXISTING LAW :

Current law requires, among other things, reports on the
Commissioner's ability to withhold funds relating to health education,
the inspection and enforcement of highway and traffic safety
regulation instruction, an annual report to the Governor, Legislature
and the Regents about the prevalence of violence in schools, plans
regarding alternative format instructional materials, reporting
requirements relating to adult services for handicapped children and
reports relating to gifted students.

 STATEMENT IN SUPPORT :


This bill would require the Commissioner to reduce the paperwork
burden that education administrators face, while focusing planning and
reporting on student results. Legislation enacted in 2002 required the
Commissioner to conduct a review of all plans, applications and
reports that school districts are required to submit to the State
Education Department (SED) by laws, regulations or administrative
action. (Chapter 83 of the laws of 2002.) The Commissioner issued a
report the following year, finding that federal law, state law and
regulations require a school district to submit approximately 150
plans, applications and reports to SED annually. Many of these
requirements have been in place for decades to respond to a variety of
different needs for school district improvement, accountability and
financial reporting. During this period, the State's technological
capacity has grown, and federal and state governments have implemented
results-oriented school accountability systems. A streamlined approach
for school districts and BOCES would improve planning and reporting by
reducing duplicative and burdensome separate reporting systems. It
would not, however, eliminate reporting requirements that have been
determined to be necessary to maintain fiscal and programmatic
accountability for school districts or to protect the health or safety
of students or staff.

Accordingly, this bill would require the Commissioner to reduce the
paperwork burden while focusing on planning and reporting student
results. The bill would require the Commissioner to conform state
reporting and planning requirements to federal requirements where
possible, and to seek waivers from the federal government where
alignment is needed.

Under its enactment, this proposal would enable SED to amend its
regulations to eliminate or consolidate school district planning and
reporting requirements in statute and to identify for elimination any
duplicative or unnecessary requirements the regulations impose. These
cumulative effects will result in a substantial reduction in the
paperwork burden on school districts and BOCES and permit an improved
focus on collecting data necessary to comply with any federal
requirements. These efforts will also ensure that there remains fiscal
and programmatic accountability.

Finally, the bill eliminates numerous specific statutory reporting
requirements that are redundant, superfluous or unnecessary. These
include:  reports on the Commissioner's ability to withhold funds
relating to health education, the inspection and enforcement of
highway and traffic safety regulation instruction, an annual report to
the Governor, Legislature and the Regents about the prevalence of
violence in schools, plans regarding alternative format instructional
materials, reporting requirements relating to adult services for
handicapped children and reports relating to gifted students.

 BUDGET IMPLICATIONS

This bill would create no additional costs to the state or to school
districts. It would produce considerable savings in staff time,
printing and mailing at the state and local levels for preparing and
reviewing separate and, in many instances, duplicative information
requirements.

 EFFECTIVE DATE :
This bill becomes effective immediately upon enactment.

2009-S5911 (ACTIVE) - Bill Text download pdf

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

                                  5911

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 18, 2009
                               ___________

Introduced  by  Sen. OPPENHEIMER -- (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules

AN  ACT  to amend the education law, in relation to paperwork reduction,
  and eliminating certain reporting requirements; and repealing  section
  805,  clause  (e) of subparagraph 5 of paragraph b of subdivision 1 of
  section 4402 and paragraph b of subdivision 1 of section 4452 of  such
  law relating thereto

  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  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 BY ELIMINATING
AND AVOIDING DUPLICATIVE REPORTING  REQUIREMENTS  AND  BY  CONSOLIDATING
PLANS, REPORTS AND APPLICATIONS, WHERE POSSIBLE AND CONSISTENT WITH LAW.
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.  NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED TO EXCUSE THE COMMISSIONER OR THE BOARD OF
REGENTS FROM, OR  OTHERWISE  LIMIT,  REPORTING  OF  INFORMATION  BY  THE
DEPARTMENT TO THE LEGISLATURE OR THE GOVERNOR UNDER ANY OTHER LAW.
  2.  THE  COMMISSIONER  SHALL  REDUCE  THE NUMBER OF PLANS, REPORTS AND
APPLICATIONS REQUIRED BY LAW OF SCHOOL DISTRICTS BY ESTABLISHING STREAM-
LINED AND UNIFIED ELECTRONIC DATA  COLLECTION  SYSTEMS  WHICH  ELIMINATE
REDUNDANT  REPORTING, CONNECT PLANNING AND REPORTING, AND WHICH FOCUS ON
COLLECTING DATA AND REQUIRING PLANNING WHEN NECESSARY TO  ASSURE  FISCAL
AND  PROGRAMMATIC  ACCOUNTABILITY  AND  COMPLIANCE  WITH  LAW, TO FOSTER
CONTINUOUS SCHOOL IMPROVEMENT AND  CLOSE  THE  GAP  BETWEEN  ACTUAL  AND
DESIRED  STUDENT  ACHIEVEMENT, AND TO ASSURE THAT SCHOOLS PROVIDE A SAFE
AND SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH AND SAFETY OF  STUDENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12045-02-9

S. 5911                             2

AND  STAFF.  SUCH SYSTEMS SHALL LINK 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 COLLABORATE  WITH  SELECTED  SCHOOL  DISTRICTS  TO  PROMOTE
BETTER  USE  OF  REQUIRED  PLANNING  AND REPORTING AND SHALL ASSURE THAT
REPORTING REQUIREMENTS INCLUDE DATA WHICH CAN BE USED TO  IDENTIFY  BEST
PRACTICES.  THE  COMMISSIONER SHALL PROVIDE FOR THE SHARING OF EFFECTIVE
PLANNING PRACTICES WITH SCHOOL DISTRICTS AND, TO THE EXTENT PRACTICABLE,
PROVIDE TECHNICAL ASSISTANCE ON THE USE OF DATA  FOR  PLANNING,  INVOLVE
BOARDS  OF  COOPERATIVE  EDUCATIONAL SERVICES AND INSTITUTIONS OF HIGHER
EDUCATION IN PROVIDING TECHNICAL ASSISTANCE ON THE USE OF DATA FOR STRA-
TEGIC PLANNING TO SUPERINTENDENTS OF SCHOOLS, SCHOOL BUSINESS  OFFICIALS
AND  TEACHERS, INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION, AND,
TO THE EXTENT PRACTICABLE, PROVIDE TECHNICAL ASSISTANCE OR  TRAINING  ON
THE USE OF DATA IN PLANNING TO SCHOOL BOARD MEMBERS.
  S 2. Section 805 of the education law is REPEALED.
  S  3. 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  4.  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. 5911                             3

  S  5.  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 6. Clause (e) of subparagraph 5 of paragraph b of subdivision  1  of
section 4402 of the education law is REPEALED.
  S 7. Paragraph b of subdivision 1 of section 4452 of the education law
is REPEALED.
  S 8. This act shall take effect immediately.

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