senate Bill S1574A

2011-2012 Legislative Session

Establishes the education mandate relief act of 2012

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 11, 2012 print number 1574a
amend (t) and recommit to education
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S1574 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add §308-a, amd §§1709 & 1950, Ed L; amd §6-r, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5523A

S1574 - Bill Texts

view summary

Establishes the education mandate relief act; authorizes the board of education to enter into piggyback contracts with another school district for transportation services and directs BOCES to convene committees to recommend options for school district consolidation and shared services.

view sponsor memo
BILL NUMBER:S1574

TITLE OF BILL:
An act
to amend the education law, in relation to enacting the "Place a
Child in Every School Seat Act of 2014"

PURPOSE OR GENERAL IDEA OF BILL:
To establish a public awareness and education campaign on the
importance of earning a high school degree, and create an incentive
program to improve school attendance by offering awards based on best
overall attendance and/or most improved attendance, under the
direction of the Education Department with the advice and consent of
the Board of Regents.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section 3205-a to the education law to provide for a public
awareness and education campaign on the importance of earning a high
school degree, and to create an incentive program to improve school
attendance statewide.

JUSTIFICATION:
Studies have demonstrated a clear link between absenteeism in school
and juvenile delinquency. According to the National Conference of
State Legislatures, one study of high .school dropouts showed that 80
percent had been chronically absent from school in the previous
school year. There are widespread public benefits to improving school
attendance, including reduced crime, higher earning potential by high
school graduates, and greater civic engagement. Several states have
adopted innovative programs to improve school attendance, including
pizza parties, ice cream socials, and even financial rewards. New
York should not "bribe" its students to attend school, but we should
provide additional motivation in an appropriate manner.

This bill directs the State Education Department to establish a public
awareness and education campaign on the importance of earning a high
school degree, and to create an incentive program to improve school
attendance by offering awards based on best overall attendance and/or
most improved attendance. The nature of these incentives would be
decided by the Department with the advice and consent of the Board of
Regents and should appeal to school children in all parts of the
state and in all income brackets.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.1570A - Referred to Education
01/10/11 Referred to Education
A.291/S.4372 of 2009/2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  1574

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

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 and  the  general  municipal  law,  in
  relation to enacting the education mandate relief act of 2011

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "education mandate relief act of 2011".
  S  2.  The  education  law is amended by adding a new section 308-a to
read as follows:
  S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS  USED  IN  THIS  SECTION,
"MANDATE"  MEANS  (A)  ANY STATE LAW, RULE OR REGULATION WHICH CREATES A
NEW PROGRAM OR REQUIRES A  HIGHER  LEVEL  OF  SERVICE  FOR  AN  EXISTING
PROGRAM  WHICH  A  SCHOOL  DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (B) ANY GENERAL LAW WHICH GRANTS  A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2. IN THE EVENT THAT A MANDATE WHICH IMPOSES  A  COST  UPON  A  SCHOOL
DISTRICT  IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
SHALL NOT BE IMPLEMENTED UNTIL NO SOONER THAN  THE  FOLLOWING  YEAR  FOR
WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE MAY
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B)  THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05829-01-1

S. 1574                             2

FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER  IMPOSES  COSTS  WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  S  3.  Paragraph  h of subdivision 25 of section 1709 of the education
law, as added by chapter 700 of the laws of 1993, is amended to read  as
follows:
  h.  (1)  The board of education is authorized to enter into a contract
with another school district, a county, municipality, or the state divi-
sion for youth to provide transportation for children, provided that the
contract cost is appropriate. In determining the appropriate transporta-
tion contract cost, the transportation service provider school  district
shall  use  a  calculation  consistent  with  regulations adopted by the
commissioner for the purpose of assuring that charges reflect  the  true
costs  that  would  be  incurred by a prudent person in the conduct of a
competitive transportation business.
  (2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF  SECTION
THREE  HUNDRED  FIVE  OF  THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT  IN
A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
"SHARED  TRANSPORTATION  SERVICES  CONTRACT"  MEANS  A  CONTRACT FOR THE
TRANSPORTATION OF  STUDENTS  THAT:  (1)  PROVIDES  TRANSPORTATION  TO  A
LOCATION  OUTSIDE  THE  STUDENTS'  SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO  ITS  OWN
STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
BY THE  PRIVATE  TRANSPORTATION  CONTRACTOR  AND  EACH  SCHOOL  DISTRICT
INVOLVED;  AND  (3)  PROVIDES  FOR TRANSPORTATION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
  S 4. Paragraph f of subdivision 2-a of section 1950 of  the  education
law,  as  amended by chapter 602 of the laws of 1994, is amended to read
as follows:
  f. [In the event of a vacancy in the membership of a board of  cooper-
ative  educational  services  which occurs prior to January first in any
school year or during the period commencing five days prior to the  date
designated  for  submission of nominations of candidates to the board of
cooperative educational services and ending  on  the  last  day  of  the
school  year, a special election to fill such vacancy shall be conducted
in accordance with the provisions of paragraphs  b,  c  and  d  of  this
subdivision  on a date designated by the president of the board of coop-
erative educational services not late than  forty-five  days  after  the
date  the vacancy occurred.] In the event of a vacancy in the membership
of a board of cooperative educational services [which occurs on or after
January first and prior to the fifth day preceding the  date  designated
for  submission  of  nominations  of candidates the board of cooperative
educational services], SUCH BOARD may fill such vacancy  by  appointment
and  the  person  so  appointed  shall hold office until the next annual
election of the board of  cooperative  educational  services.  [Notwith-
standing  any  other  provision  of  this subdivision, any vacancy which
occurs on or after July first, nineteen hundred ninety-three  and  prior
to  January  first,  nineteen  hundred  ninety-four shall be filled by a

S. 1574                             3

special election in accordance with paragraphs b, c and d of this subdi-
vision.]
  S  5. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO. THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) IN  COOPER-
ATION  WITH  THE  DISTRICT  SUPERINTENDENT APPOINTED PURSUANT TO SECTION
TWENTY-TWO HUNDRED FOUR OF THIS  CHAPTER  SHALL  CONVENE  COMMITTEES  OF
SCHOOL  AND  COMMUNITY LEADERS IN EACH BOCES REGION TO RECOMMEND OPTIONS
FOR SCHOOL DISTRICT CONSOLIDATION AND SHARED SERVICES AND ISSUE A REPORT
BASED ON SUCH FINDINGS TO THE COMMISSIONER, NO LATER  THAN  JULY  FIRST,
TWO  THOUSAND TWELVE.   SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO
AN EXAMINATION OF THE VIABILITY OF REGIONAL  ADMINISTRATIVE  OPERATIONS,
TRANSPORTATION,   ENERGY  PROCUREMENT  AND  HEALTH  INSURANCE  PROGRAMS,
INCLUDING THE BULK PURCHASE OF PRESCRIPTION DRUGS.
  S 6. 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 school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance 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; CLAIMS AUDITING OR INTERNAL  AUDITING  SERVICES;  maintenance
and  operation  of cafeteria or restaurant service for the use of pupils
and teachers while at school, and such other services as the commission-
er 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 7.  Paragraphs b and c of subdivision 1 of section 6-r of the gener-
al municipal law, as added by chapter 260  of  the  laws  of  2004,  are
amended to read as follows:
  b.  "Participating  employer"  means:  (I) a participating employer as
defined in subdivision twenty of  section  two  of  the  retirement  and
social  security  law  or in subdivision twenty of section three hundred
two of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE  OF
SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
  c.  "Retirement  contribution"  shall  mean  all or any portion of the
amount payable by a municipal corporation to: (I) either  the  New  York
state  and  local employees' retirement system or the New York state and
local police and fire retirement system pursuant to section seventeen or
three hundred seventeen of the retirement and social  security  law;  OR
(II)  THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
  S 8.  This act shall take effect immediately, provided, however,  that
section six of this act shall take effect July 1, 2012.

S1574A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add §308-a, amd §§1709 & 1950, Ed L; amd §6-r, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5523A

S1574A (ACTIVE) - Bill Texts

view summary

Establishes the education mandate relief act; authorizes the board of education to enter into piggyback contracts with another school district for transportation services and directs BOCES to convene committees to recommend options for school district consolidation and shared services.

view sponsor memo
BILL NUMBER:S1574A

TITLE OF BILL:
An act to amend the education law and the general municipal law, in
relation to enacting the education mandate relief act of 2012

PURPOSE:
To relieve school districts of burdensome mandates, establish various
efficiencies in their operations with a goal of reducing costs.

SUMMARY OF PROVISIONS:
Section one of the bill establishes its short title, the Education
Mandate Relief Act of 2011.

Section 2 of the bill amends the Education Law, in relation to the
effect of mandates on school districts providing that any mandate that
becomes effective after the adoption of the school budget shall not be
implemented prior to the following school year.

Section 3 of the bill amends the Education Law in relation to shared
contracts for transportation services.

Section 4 of the bill repeals paragraph f of subdivision (2-a) of
section 1950 of education law in relation to a vacancy in the membership
of a board of cooperative educational services.

Section 5 of the bill amends the education law in relation to authoriz-
ing boards of cooperative education services to study consolidation and
shared services.

Section 6 of the bill amends the education law in relation to adding
auditing and internal auditing to the list of BOCES services eligible
for state aid reimbursement.

Section 7 of the bill amends the general municipal law in relation to
authorizing school districts and boards of cooperative educational
services to establish retirement contribution reserve funds for the
purposes of the New York state teachers' retirement system

Section 8 of the bill relates to the effective date.

JUSTIFICATION:

Providing school children with a quality education remains one of the
legislature's top priorities. However, current fiscal challenges threat-
en our ability to sustain the progress that is being made in our class-
rooms. The provisions of this bill will empower local school districts
to increase their efficiency and reduce or control operational costs so
that precious resources can be targeted to instructional programs and
reduce property taxes.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately, with provisions.

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

                                 1574--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law and  the  general  municipal  law,  in
  relation to enacting the education mandate relief act of 2012

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "education mandate relief act of 2012".
  S  2.  The  education  law is amended by adding a new section 308-a to
read as follows:
  S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS  USED  IN  THIS  SECTION,
"MANDATE"  MEANS  (A)  ANY STATE LAW, RULE OR REGULATION WHICH CREATES A
NEW PROGRAM OR REQUIRES A  HIGHER  LEVEL  OF  SERVICE  FOR  AN  EXISTING
PROGRAM  WHICH  A  SCHOOL  DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR
PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (B) ANY GENERAL LAW WHICH GRANTS  A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  2. IN THE EVENT THAT A MANDATE WHICH IMPOSES  A  COST  UPON  A  SCHOOL
DISTRICT  IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE
SHALL NOT BE IMPLEMENTED UNTIL NO SOONER THAN  THE  FOLLOWING  YEAR  FOR
WHICH SUCH SCHOOL BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE MAY
BE IMPOSED IF:
  (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER
A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO-
RY;
  (B)  THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05829-02-2

S. 1574--A                          2

FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER  IMPOSES  COSTS  WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
  S  3.  Paragraph  h of subdivision 25 of section 1709 of the education
law, as amended by section 23 of subpart F of part C of  chapter  97  of
the laws of 2011, is amended to read as follows:
  h.  (1)  The board of education is authorized to enter into a contract
with another school district,  a  county,  municipality,  or  the  state
office  of  children  and  family services to provide transportation for
children, including contracts to provide such transportation as regional
transportation services, provided that the contract cost is appropriate.
In determining the appropriate transportation contract cost, the  trans-
portation  service  provider  school  district  shall  use a calculation
consistent with regulations adopted by the commissioner for the  purpose
of  assuring  that charges reflect the true costs that would be incurred
by a prudent person in the conduct of a competitive transportation busi-
ness.
  (2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF  SECTION
THREE  HUNDRED  FIVE  OF  THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT  IN
A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
"SHARED  TRANSPORTATION  SERVICES  CONTRACT"  MEANS  A  CONTRACT FOR THE
TRANSPORTATION OF  STUDENTS  THAT:  (1)  PROVIDES  TRANSPORTATION  TO  A
LOCATION  OUTSIDE  THE  STUDENTS'  SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO  ITS  OWN
STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
BY THE  PRIVATE  TRANSPORTATION  CONTRACTOR  AND  EACH  SCHOOL  DISTRICT
INVOLVED;  AND  (3)  PROVIDES  FOR TRANSPORTATION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
  S 4. Paragraph f of subdivision 2-a of section 1950 of  the  education
law,  as  amended by chapter 602 of the laws of 1994, is amended to read
as follows:
  f. [In the event of a vacancy in the membership of a board of  cooper-
ative  educational  services  which occurs prior to January first in any
school year or during the period commencing five days prior to the  date
designated  for  submission of nominations of candidates to the board of
cooperative educational services and ending  on  the  last  day  of  the
school  year, a special election to fill such vacancy shall be conducted
in accordance with the provisions of paragraphs  b,  c  and  d  of  this
subdivision  on a date designated by the president of the board of coop-
erative educational services not late than  forty-five  days  after  the
date  the vacancy occurred.] In the event of a vacancy in the membership
of a board of cooperative educational services [which occurs on or after
January first and prior to the fifth day preceding the  date  designated
for  submission  of  nominations  of candidates the board of cooperative
educational services], SUCH BOARD may fill such vacancy  by  appointment
and  the  person  so  appointed  shall hold office until the next annual
election of the board of  cooperative  educational  services.  [Notwith-
standing  any  other  provision  of  this subdivision, any vacancy which
occurs on or after July first, nineteen hundred ninety-three  and  prior

S. 1574--A                          3

to  January  first,  nineteen  hundred  ninety-four shall be filled by a
special election in accordance with paragraphs b, c and d of this subdi-
vision.]
  S  5. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO. THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) IN  COOPER-
ATION  WITH  THE  DISTRICT  SUPERINTENDENT APPOINTED PURSUANT TO SECTION
TWENTY-TWO HUNDRED FOUR OF THIS  CHAPTER  SHALL  CONVENE  COMMITTEES  OF
SCHOOL  AND  COMMUNITY LEADERS IN EACH BOCES REGION TO RECOMMEND OPTIONS
FOR SCHOOL DISTRICT CONSOLIDATION AND SHARED SERVICES AND ISSUE A REPORT
BASED ON SUCH FINDINGS TO THE COMMISSIONER, NO LATER  THAN  JULY  FIRST,
TWO THOUSAND THIRTEEN.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO
AN  EXAMINATION  OF THE VIABILITY OF REGIONAL ADMINISTRATIVE OPERATIONS,
TRANSPORTATION,  ENERGY  PROCUREMENT  AND  HEALTH  INSURANCE   PROGRAMS,
INCLUDING THE BULK PURCHASE OF PRESCRIPTION DRUGS.
  S 6. 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  school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher, attend-
ance 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;  CLAIMS  AUDITING  OR INTERNAL AUDITING SERVICES; maintenance
and operation of cafeteria or restaurant service for the use  of  pupils
and teachers while at school, and such other services as the commission-
er  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 7.  Paragraphs b and c of subdivision 1 of section 6-r of the gener-
al  municipal  law,  as  added  by  chapter 260 of the laws of 2004, are
amended to read as follows:
  b. "Participating employer" means: (I)  a  participating  employer  as
defined  in  subdivision  twenty  of  section  two of the retirement and
social security law or in subdivision twenty of  section  three  hundred
two  of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE OF
SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
  c. "Retirement contribution" shall mean all  or  any  portion  of  the
amount  payable  by  a municipal corporation to: (I) either the New York
state and local employees' retirement system or the New York  state  and
local police and fire retirement system pursuant to section seventeen or
three  hundred  seventeen  of the retirement and social security law; OR
(II) THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO  SECTION
FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
  S  8.  This act shall take effect immediately, provided, however, that
section six of this act shall take effect July 1, 2013.

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