senate Bill S4395

2011-2012 Legislative Session

Permits BOCES to contract with third party vendors for approved technology activities and services at the request of two or more school districts

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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 04, 2012 referred to education
Apr 04, 2011 referred to education

S4395 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §1950, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1681

S4395 - Bill Texts

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Permits BOCES to contract with third party vendors for approved technology activities and services at the request of two or more school districts; allows the commissioner of education to approve such technology activities and services as aidable shared services under certain circumstances.

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BILL NUMBER:S4395

TITLE OF BILL:
An act
to amend the education law, in relation to third party contracting for
technology services as aidable shared services and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:
To allow contract with third party vendors for approved
technology at the request of two or more school districts when the
Board of Cooperative Education Services demonstrates that such
activities and services require special skills or expertise not
available through full-time employees of the BOCES.

SUMMARY OF PROVISIONS:
Subdivision 4 of §1950 of the Education Law is
amended by adding a new paragraph oo. Subdivision 5 of §1950 of the
Education Law is amended.

JUSTIFICATION:
Approved technology activities and services must be
available to all students. The lack of special skill or expertise not
available through full-time employees should not be a reason for
these services to not be available to students.

FISCAL IMPLICATIONS:

PRIOR LEGISLATIVE HISTORY:
2000 - Senate Education Cmte./Assembly Education Cmte.
2001-02 - Senate Education Cmte.
2003-04 - Senate Education Cmte.
2005-06 - Senate Education Cmte.
2009-10 - Senate Education Cmte.

EFFECTIVE DATE:
This act shall take effect July 1, 2012, provided that
the provisions of this act shall expire and be deemed repealed on
July 1, 2013.

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

                                  4395

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 third party  contract-
  ing  for  technology services as aidable shared services and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision  4  of  section  1950 of the education law is
amended by adding a new paragraph oo to read as follows:
  OO. TO CONTRACT WITH  THIRD  PARTY  VENDORS  FOR  APPROVED  TECHNOLOGY
ACTIVITIES  AND SERVICES AT THE REQUEST OF TWO OR MORE SCHOOL DISTRICTS,
IN CONJUNCTION WITH A CONTRACT FOR THE PURCHASE OF TECHNOLOGY  EQUIPMENT
PURSUANT TO PARAGRAPH JJ OF THIS SUBDIVISION OR ANY OTHER SHARED SERVICE
AUTHORIZED  UNDER  THIS  SUBDIVISION.  THE COMMISSIONER MAY APPROVE SUCH
TECHNOLOGY ACTIVITIES AND SERVICES AS AIDABLE SHARED SERVICES,  PROVIDED
THAT  THE  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES DEMONSTRATES THAT
SUCH  ACTIVITIES  AND  SERVICES  REQUIRED  CANNOT  BE  SUPPLIED  THROUGH
FULL-TIME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DUE
TO  INSUFFICIENT  QUALIFIED  STAFF OR LACK OF REQUIRED SPECIAL SKILLS OR
EXPERTISE.
  S 2. Subdivision 5 of section 1950 of the education law is amended  by
adding a new paragraph i to read as follows:
  I.  FOR  THE  PURPOSES OF COMPUTING THE APPORTIONMENT PURSUANT TO THIS
SUBDIVISION, THE  AIDABLE  COST  OF  SERVICES  FOR  APPROVED  TECHNOLOGY
SERVICES PROVIDED THROUGH CONTRACTUAL AGREEMENT BETWEEN A BOARD OF COOP-
ERATIVE  EDUCATIONAL SERVICES AND A THIRD PARTY VENDOR PURSUANT TO PARA-
GRAPH OO OF SUBDIVISION FOUR OF THIS SECTION, EXCLUSIVE OF ANY COSTS FOR
THE PURCHASE OF TECHNOLOGY EQUIPMENT OR SUPPLIES, SHALL EQUAL THE  PROD-
UCT  OF  SUCH  COSTS ALLOCATED TO EACH COMPONENT SCHOOL DISTRICT BY SUCH
BOARD OF COOPERATIVE EDUCATIONAL SERVICES MULTIPLIED BY THE QUOTIENT  OF
THE  TOTAL  AMOUNT  ALLOCATED  TO ALL COMPONENT SCHOOL DISTRICTS FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10477-01-1

S. 4395                             2

COST OF ALL OTHER AIDABLE SHARED SERVICES, EXCLUDING THAT  PART  OF  THE
SALARY  PAID  ANY  TEACHER, SUPERVISOR OR OTHER EMPLOYEE OF THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES WHICH IS IN EXCESS OF  THIRTY  THOUSAND
DOLLARS,  DIVIDED  BY THE TOTAL AMOUNT ALLOCATED TO ALL COMPONENT SCHOOL
DISTRICTS FOR THE COST  OF  ALL  SUCH  OTHER  AIDABLE  SHARED  SERVICES,
INCLUDING  THAT PART OF THE SALARY PAID ANY TEACHER, SUPERVISOR OR OTHER
EMPLOYEE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  WHICH  IS  IN
EXCESS OF THIRTY THOUSAND DOLLARS.
  S  3.  This  act  shall  take  effect  July 1, 2012, provided that the
provisions of this act shall expire and be deemed repealed July 1, 2014.

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