S T A T E O F N E W Y O R K
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5981
2009-2010 Regular Sessions
I N S E N A T E
June 19, 2009
___________
Introduced by Sen. KLEIN -- 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 granting small city
school districts the authority to provide cafeteria services to
students should such district be subject to a contingency budget
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 9 of section 2503 of the educa-
tion law, as amended by chapter 171 of the laws of 1996, is amended to
read as follows:
a. Shall promote the best interests of the schools and other activ-
ities committed to its care, and shall authorize, or in its discretion
conduct, and maintain such extra classroom activities, including the
operation of cafeterias or restaurant service for use by pupils and
teachers, as the board, from time to time, shall deem proper. Such
cafeterias or restaurant service may be used by the community for school
related functions and activities and to furnish meals to the elderly
residents, sixty years of age or older, of the district. Such utiliza-
tion BY COMMUNITY OR ELDERLY RESIDENTS shall be subject to the approval
of the board of education, and shall be subject to voter approval unless
the cafeteria or restaurant service was operated during the preceding
school year and requires no tax levy. Charges shall be sufficient to
meet the direct cost of preparing and serving such meals, reducible by
available reimbursements.
S 2. Subdivision 5 of section 2601-a of the education law, as amended
by section 29 of part A of chapter 436 of the laws of 1997, is amended
to read as follows:
5. If the qualified voters fail or refuse to vote the sum estimated to
be necessary for teachers' salaries and other ordinary contingent
expenses, the board shall adopt a contingency budget in accordance with
this subdivision and shall levy a tax for that portion of such sum
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02896-06-9
S. 5981 2
remaining after applying thereto the moneys received or to be received
from state, federal or other sources, in the same manner as if the budg-
et had been approved by the qualified voters; subject to the limitations
imposed in subdivision four of section two thousand twenty-three of this
[chapter] TITLE and this subdivision. The administrative component shall
not comprise a greater percentage of the contingency budget exclusive of
the capital component than the lesser of (1) the percentage the adminis-
trative component had comprised in the prior year budget exclusive of
the capital component; or (2) the percentage the administrative compo-
nent had comprised in the last proposed defeated budget exclusive of the
capital component. Such contingency budget shall include the sum deter-
mined by the board to be necessary for:
(a) teachers' salaries, including the salaries of all members of the
teaching and supervising staff;
(b) items of expense specifically authorized by statute to be incurred
by the board of education, including, but not limited to, expenditures
for transportation to and from regular school programs included as ordi-
nary contingent expenses in subdivision twelve of section twenty-five
hundred three of this [chapter] TITLE, expenditures for textbooks,
required services for non-public school students, school health
services, special education services, kindergarten and nursery school
programs, and the district's share of the administrative costs and costs
of services provided by a board of cooperative educational services;
(c) items of expense for legal obligations of the district, including,
but not limited to, contractual obligations, debt service, court orders
or judgments, orders of administrative bodies or officers, and standards
and requirements of the board of regents and the commissioner that have
the force and effect of law;
(d) the purchase of library books and other instructional materials
associated with a library;
(e) items of expense necessary to maintain the educational programs of
the district, preserve the property of the district or protect the
health and safety of students and staff, including, but not limited to,
support services, pupil personnel services, the necessary salaries for
the necessary number of non-teaching employees, necessary legal
expenses, water and utility charges, instructional supplies for teach-
ers' use, emergency repairs, temporary rental of essential classroom
facilities, and expenditures necessary to advise school district voters
concerning school matters; [and]
(f) expenses incurred for interschool athletics, field trips and other
extracurricular activities; [and]
(g) THE EXPENSE OF CAFETERIA AND RESTAURANT SERVICES USED BY PUPILS,
TEACHERS AND STAFF. CAFETERIAS OR RESTAURANT SERVICE USED BY THE COMMU-
NITY FOR SCHOOL RELATED FUNCTIONS AND ACTIVITIES AND TO FURNISH MEALS TO
THE ELDERLY RESIDENTS SHALL NOT BE PART OF A CONTINGENCY BUDGET UNLESS
NO TAX LEVY IS REQUIRED TO SUPPORT SUCH SERVICE; AND
(H) any other item of expense determined by the commissioner to be an
ordinary contingent expense in any school district.
S 3. Subdivision 1 of section 2023 of the education law, as amended by
chapter 682 of the laws of 2002, is amended to read as follows:
1. If the qualified voters shall neglect or refuse to vote the sum
estimated necessary for teachers' salaries, after applying thereto the
public school moneys, and other moneys received or to be received for
that purpose, or if they shall neglect or refuse to vote the sum esti-
mated necessary for ordinary contingent expenses, including the purchase
of library books and other instructional materials associated with a
S. 5981 3
library and expenses incurred for interschool athletics, field trips and
other extracurricular activities and the expenses for cafeteria or
restaurant services USED BY PUPILS, TEACHERS AND STAFF, the sole trus-
tee, board of trustees, or board of education shall adopt a contingency
budget including such expenses and shall levy a tax for the same, in
like manner as if the same had been voted by the qualified voters,
subject to the limitations contained in subdivisions three and four of
this section.
S 4. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
