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

                                  1569

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens. OPPENHEIMER, MONTGOMERY, SERRANO -- 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 TWO OR MORE component  school  districts,  and  with  the
approval of the commissioner, provide any of the following AIDABLE COOP-
ERATIVE services [on a cooperative basis] (COSERS):  school nurse teach-
er,  attendance  supervisor,  supervisor  of teachers, dental hygienist,
psychologist, teachers of art, music, physical education, career  educa-
tion  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 restau-
rant service for the use of pupils and teachers  while  at  school,  and
such  other  AIDABLE  OR  NONAIDABLE  services  as  the commissioner may
approve. Such cafeteria or restaurant service may be used by the  commu-
nity 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00915-01-1
              

S. 1569                             2

(COSERS). SUCH REGULATIONS SHALL ESTABLISH CRITERIA TO BE APPLIED BY THE
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 AS COOPER-
ATIVE SERVICES (COSERS) AS PROVIDED BY SUBPARAGRAPH ONE OF  PARAGRAPH  D
OF THIS SUBDIVISION only if they (a) are requested by two or more compo-
nent  school  districts;  AND (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].
  S 5. This act shall take effect immediately.