S T A T E O F N E W Y O R K
________________________________________________________________________
3124--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. P. LOPEZ, McDONOUGH, GIGLIO, DUPREY, SAYWARD,
CALHOUN, BURLING, MONTESANO, CROUCH, RAIA, BLANKENBUSH, FINCH, LOSQUA-
DRO, JORDAN, MOLINARO, MURRAY, P. RIVERA, JOHNS -- Multi-Sponsored by
-- M. of A. AMEDORE, BARCLAY, CERETTO, GOODELL, McLAUGHLIN, PALMESA-
NO, REILICH -- read once and referred to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to authorizing school
districts and boards of cooperative educational services to enter into
agreements or contracts with each other to perform the same functions
and provide the same services that each is authorized to perform or
provide
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 1510-a
to read as follows:
S 1510-A. SHARING OF SCHOOL ADMINISTRATIVE SERVICES. ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN
AGREEMENT WITH ANY OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE
THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR
PROVIDE.
S 2. Section 1604 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. SHALL HAVE THE OPTION TO AGREE OR CONTRACT WITH ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE
SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE THE SAME ADMINISTRATIVE
SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE. TO THE EXTENT
THAT ANY SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD BE ENTI-
TLED TO STATE AID IF SUCH SERVICES WERE PROVIDED INDIVIDUALLY, THE
COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL
DISTRICTS IN AMOUNTS AGREED TO BETWEEN THE SCHOOL DISTRICTS AND THE
COMMISSIONER; PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL AID
WHICH WOULD HAVE BEEN OTHERWISE PAYABLE HAD EACH SCHOOL DISTRICT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05987-06-1
A. 3124--A 2
PROVIDED SUCH SERVICE INDIVIDUALLY. WHERE THE COMMISSIONER DISTRIBUTES
AID IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL FOR
WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH
SERVICES NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN DETER-
MINATION WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND WHETHER
SUCH DECISION SHALL HAVE A BINDING EFFECT ON OTHER SIMILAR SITUATIONS.
SUCH DECISIONS SHALL BE REVIEWABLE BY APPEAL TO THE COMMISSIONER, AND,
IF SUCH APPEAL IS NOT RESOLVED IN A SATISFACTORY MANNER, SHALL BE
REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
S 3. Section 1709 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. SHALL HAVE THE OPTION TO AGREE OR CONTRACT WITH ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE
SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE THE SAME ADMINISTRATIVE
SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE. TO THE EXTENT
THAT ANY SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD BE ENTI-
TLED TO STATE AID IF SUCH SERVICES WERE PROVIDED INDIVIDUALLY, THE
COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL
DISTRICTS IN AMOUNTS AGREED TO BETWEEN THE SCHOOL DISTRICTS AND THE
COMMISSIONER; PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL AID
WHICH WOULD HAVE BEEN OTHERWISE PAYABLE HAD EACH SCHOOL DISTRICT
PROVIDED SUCH SERVICE INDIVIDUALLY. WHERE THE COMMISSIONER DISTRIBUTES
AID IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL FOR
WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH
SERVICES NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN DETER-
MINATION WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND WHETHER
SUCH DECISION SHALL HAVE A BINDING EFFECT ON OTHER SIMILAR SITUATIONS.
SUCH DECISIONS SHALL BE REVIEWABLE BY APPEAL TO THE COMMISSIONER, AND,
IF SUCH APPEAL IS NOT RESOLVED IN A SATISFACTORY MANNER, SHALL BE
REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
S 4. 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. At the request of [component] ANY school
[districts] DISTRICT, and with the approval of the commissioner, provide
any of the following services on a cooperative basis: ADMINISTRATION,
school nurse teacher, attendance supervisor, supervisor of teachers,
dental hygienist, psychologist, teachers of art, music, physical educa-
tion, career education subjects, TRANSPORTATION, guidance [counsellors]
COUNSELORS, 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; main-
tenance and operation of cafeteria or restaurant service for the use of
pupils and teachers while at school, and such other services as the
commissioner may approve. Such cafeteria 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.
S 5. This act shall take effect immediately.