senate Bill S7120A

Signed By Governor
2011-2012 Legislative Session

Relates to the provision of services to out-of-state school districts by boards of cooperative educational services

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Sponsored By

Archive: Last Bill Status Via A10205 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.396
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1476
substituted for s7120a
Jun 21, 2012 substituted by a10205a
ordered to third reading cal.1476
committee discharged and committed to rules
Jun 18, 2012 print number 7120a
amend (t) and recommit to finance
May 31, 2012 reported and committed to finance
Apr 30, 2012 referred to education

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7120 - Bill Details

See Assembly Version of this Bill:
A10205A
Law Section:
Education Law
Laws Affected:
Amd §1950, Ed L

S7120 - Bill Texts

view summary

Relates to the provision of services to out-of-state school districts by boards of cooperative educational services.

view sponsor memo
BILL NUMBER:S7120

TITLE OF BILL:
An act to amend the education law, in relation to services to out-of-
state school districts by boards of cooperative educational services

PURPOSE:
This bill would allow boards of cooperative educational services to
provide services to out-of-state school districts.

SUMMARY OF PROVISIONS:
Section 1: Education Law Section 1950 is amended to allow boards of
cooperative educational services to provide services to out-of-state
school districts. By June thirtieth of each year, each board of cooper-
ative educational services that provides out-of-state services shall
report the amount and nature of such services to the commissioner of
education.

Section 2: Education Law Section 1950 is amended by changing the
commencement date of certain services that are prohibited from being
approved by the commissioner of education.

Section 3: This act shall take effect immediately.

JUSTIFICATION:
Boards of cooperative educational services (BOCES) are often at the
forefront of innovative and cost-saving educational plans, policies, and
programs BOCES, as innovators in the development and delivery of highly
successful curricula, professional development for educators and proven
education programs, are already providing these programs and services to
schools in New York State. Although many BOCES have been approached by
educators outside New York who wish to purchase these valuable and prov-
en programs and services, they cannot sell these services because it is
not authorized by law.

This bill will allow BOCES to sell these programs and services and as a
result generate revenue in support of BOCES, their component school
districts and most importantly the students they serve. Additionally, to
the extent practical, it will enable BOCES to provide educational
services to out of state students.

To this end, allowing BOCES in New York to provide service out-of-state
will be beneficial not only to the BOCES providing the out-of-state
service, but to New York State as a whole. In tough financial times, it
is imperative that we allow proven programs and services to be provided
and sold outside of the State.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7120

                            I N  S E N A T E

                             April 30, 2012
                               ___________

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  services  to  out-of-
  state school districts by 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.  Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 10 to read as follows:
  (10) TO ENTER INTO CONTRACTS WITH OUT-OF-STATE SCHOOL DISTRICTS,  WITH
THE  APPROVAL  OF  THE  DISTRICT  SUPERINTENDENT  OF SCHOOLS, TO PROVIDE
SERVICES MADE AVAILABLE TO ANY SCHOOL DISTRICT  WITHIN  THE  SUPERVISORY
DISTRICT  UPON SUCH TERMS AS DETERMINED BY THE COMMISSIONER IN RULES AND
REGULATIONS AND AS AGREED UPON PURSUANT TO CONTRACTS  EXECUTED  BY  SUCH
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES AND THE TRUSTEES OR BOARDS OF
EDUCATION OF SUCH OUT-OF-STATE SCHOOL  DISTRICTS.  NO  LATER  THAN  JUNE
THIRTIETH  OF  EACH YEAR, EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES
WHICH PROVIDES SERVICES TO OUT-OF-STATE SCHOOL  DISTRICTS  SHALL  REPORT
THE AMOUNT AND NATURE OF SUCH SERVICES TO THE COMMISSIONER.
  S 2. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  added  by  chapter 474 of the laws of 1996, is
amended to read as follows:
  (2) Certain services prohibited. Commencing with the nineteen  hundred
ninety-seven--ninety-eight  school  year,  the commissioner shall not be
authorized to approve as an aidable  shared  service  pursuant  to  this
subdivision  any cooperative maintenance services or municipal services,
including but not limited to, lawn mowing services and  heating,  venti-
lation or air conditioning repair or maintenance or trash collection, or
any  other  municipal  services  as  defined by the commissioner. On and
after the effective date of this paragraph, the commissioner  shall  not
approve,  as  an aidable shared service, any new cooperative maintenance
or municipal services for the nineteen hundred  ninety-six--ninety-seven
school year, provided that the commissioner may approve the continuation
of  such services for one year if provided in the nineteen hundred nine-
ty-five--ninety-six school year.  NO SERVICE PROVIDED TO AN OUT-OF-STATE
SCHOOL DISTRICT PURSUANT TO SUBPARAGRAPH TEN  OF  PARAGRAPH  H  OF  THIS
SUBDIVISION SHALL BE ELIGIBLE FOR AID.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15285-02-2

Co-Sponsors

S7120A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10205A
Law Section:
Education Law
Laws Affected:
Amd §1950, Ed L

S7120A (ACTIVE) - Bill Texts

view summary

Relates to the provision of services to out-of-state school districts by boards of cooperative educational services.

view sponsor memo
BILL NUMBER:S7120A

TITLE OF BILL:
An act
to amend the education law, in relation to
services to out-of-state school districts by boards
of cooperative educational services; and providing for the repeal
of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow boards of
cooperative educational services to provide services to out-of-state
school districts.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Education Law Section 1950
is amended to allow boards of cooperative educational services to
provide services to out-of-state school districts: By June thirtieth
of each year, each board of cooperative educational services that
provides out-of-state services shall report the amount and nature of
such services to the commissioner of education.

Section 2: Education Law Section 1950 is amended by changing the
commencement date of certain services that are prohibited from being
approved by the commissioner of education.

Section 3: This act shall take effect immediately.

JUSTIFICATION:
Boards of cooperative educational services (BOCES) are
often at the forefront of innovative and cost-saving educational
plans, policies, and programs BOCES, as innovators in the development
and delivery of highly successful curricula, professional development
for educators and proven education programs, are already providing
these programs and services to schools in New York State. Although
many BOCES have been approached by educators outside New York who
wish to purchase these valuable and proven programs and services;
they cannot sell these services because it is not authorized by law.

This bill will allow BOCES to sell these programs and services and as
a result generate revenue in support of BOCES, their component school
districts and most importantly the students they serve. Additionally,
to the extent practical, it will enable BOCES to provide educational
services to out of state students.

To this end, allowing BOCES in New York to provide service
out-of-state will be beneficial not only to the BOCES providing the
out-of-state service, but to New York State as a whole. In tough
financial times, it is imperative that we allow proven programs and
services to be provided and sold outside of the State.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 7120--A

                            I N  S E N A T E

                             April 30, 2012
                               ___________

Introduced  by  Sens.  FLANAGAN,  HASSELL-THOMPSON,  OPPENHEIMER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Education -- reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to  services  to  out-of-
  state  school districts by boards of cooperative educational services;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 10 to read as follows:
  (10) TO ENTER INTO CONTRACTS OF NO MORE THAN TWO YEARS AND SUBJECT  TO
THE SUNSET DATE OF THIS SUBPARAGRAPH, WITH OUT-OF-STATE SCHOOL DISTRICTS
FOR  SPECIAL EDUCATION AND/OR CAREER AND TECHNICAL EDUCATION SERVICES OR
FOR THE USE OF EXISTING PRODUCTS THAT DEMONSTRATE HOW TO MAP THE  COMMON
CORE STANDARDS TO ASSESSMENTS AND/OR PROVIDE ACCESS TO EXISTING WEBINARS
OR  ONLINE  COURSES RELATING TO IMPLEMENTATION OF THE COMMON CORE STAND-
ARDS. ANY CONTRACT SHALL BE APPROVED BY THE COMMISSIONER, THE  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES  AND  THE  DISTRICT SUPERINTENDENT OF
SCHOOLS, PROVIDED  SUCH  SERVICES  ARE  MADE  AVAILABLE  TO  ANY  SCHOOL
DISTRICT  WITHIN  THE  SUPERVISORY DISTRICT AND THAT THE REQUIREMENTS OF
THIS SUBPARAGRAPH ARE MET. CONTRACTS MUST BE EXECUTED BY  THE  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES AND THE TRUSTEES OR BOARDS OF EDUCATION
OF   SUCH   OUT-OF-STATE  SCHOOL  DISTRICTS  AND  SHALL  ONLY  AUTHORIZE
OUT-OF-STATE STUDENTS TO PARTICIPATE IN AN INSTRUCTIONAL PROGRAM IF SUCH
SERVICES ARE AVAILABLE TO  ALL  ELIGIBLE  STUDENTS  IN  NEW  YORK  STATE
SCHOOLS  IN THE COMPONENT DISTRICTS AND THE NUMBER OF PARTICIPATING OUT-
OF-STATE STUDENTS ONLY COMPRISES UP TO FIVE PERCENT OF THE TOTAL  NUMBER
OF THE TOTAL ENROLLED STUDENTS IN THE INSTRUCTIONAL PROGRAM AT THE BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES AND THAT THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SPENDS NO MORE THAN THIRTY PERCENT OF  ITS  EMPLOY-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15285-04-2

S. 7120--A                          2

EES' TIME ON SERVICES TO OUT-OF-STATE DISTRICTS PURSUANT TO THIS SUBPAR-
AGRAPH.  TO  BE APPROVED BY THE COMMISSIONER, THE CONTRACT AND ANY BUSI-
NESS PLAN, SHALL DEMONSTRATE THAT ANY SERVICES PROVIDED TO  OUT-OF-STATE
SCHOOLS PURSUANT TO THIS SUBPARAGRAPH SHALL NOT RESULT IN ANY ADDITIONAL
COSTS  BEING IMPOSED ON COMPONENT SCHOOL DISTRICTS AND THAT ANY PAYMENTS
RECEIVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  FOR  SERVICES
PROVIDED IN THIS SUBPARAGRAPH THAT EXCEED ANY COST TO THE BOARD OF COOP-
ERATIVE  EDUCATIONAL  SERVICES  FOR  PROVIDING  SUCH  SERVICES  SHALL BE
APPLIED TO REDUCE THE COSTS OF  AIDABLE  SHARED  SERVICES  ALLOCATED  TO
COMPONENT  SCHOOL  DISTRICTS PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION
AND SHALL ALSO BE APPLIED TO REDUCE THE APPROVED COST OF SERVICES PURSU-
ANT TO SUBDIVISION FIVE OF THIS SECTION. SERVICES PROVIDED BY A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT DISTRICTS AT THE  TIME  OF
APPROVAL  OF  A  CONTRACT  UNDER  THIS PARAGRAPH SHALL NOT BE REDUCED OR
ELIMINATED SOLELY DUE TO A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES'
PERFORMANCE OF SERVICES TO OUT-OF-STATE DISTRICTS PURSUANT TO THIS PARA-
GRAPH.
  S 2. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  added  by  chapter 474 of the laws of 1996, is
amended to read as follows:
  (2) Certain services prohibited. Commencing with the nineteen  hundred
ninety-seven--ninety-eight  school  year,  the commissioner shall not be
authorized to approve as an aidable  shared  service  pursuant  to  this
subdivision  any cooperative maintenance services or municipal services,
including but not limited to, lawn mowing services and  heating,  venti-
lation or air conditioning repair or maintenance or trash collection, or
any  other  municipal  services  as  defined by the commissioner. On and
after the effective date of this paragraph, the commissioner  shall  not
approve,  as  an aidable shared service, any new cooperative maintenance
or municipal services for the nineteen hundred  ninety-six--ninety-seven
school year, provided that the commissioner may approve the continuation
of  such services for one year if provided in the nineteen hundred nine-
ty-five--ninety-six school year. NO SERVICE PROVIDED TO AN  OUT-OF-STATE
SCHOOL  DISTRICT  PURSUANT  TO  SUBPARAGRAPH  TEN OF PARAGRAPH H OF THIS
SUBDIVISION SHALL BE ELIGIBLE FOR AID.
  S 3. The commissioner of education, in consultation with participating
boards of cooperative educational services, shall  prepare  two  reports
describing  the  content  of contracts approved by such commissioner and
the district superintendent pursuant to paragraph h of subdivision 4  of
section 1950 of the education law, including the names of the parties to
the  contract, the length of the contract, a description of the services
provided under the contract, the  percentage  of  out-of-state  students
that  are  in  each  instructional  program  in the board of cooperative
educational services compared to in-state students, a description of the
time spent by board of cooperative  educational  services  employees  to
perform  such  services  and  any  expenses  and revenues for performing
services to out-of-state districts under the contract. The reports shall
also include a detailed breakdown of how many additional employees need-
ed to be hired by the  board  of  cooperative  educational  services  to
perform such services, any additional resources or materials that needed
to  be purchased by the board of cooperative educational services and/or
any administrative, marketing and/or development costs  associated  with
performing  services  under paragraph d of subdivision 4 of section 1950
of the education law. If payments received for such services exceed  the
costs  of  providing  such  services,  the  reports shall also include a
description of how the board of cooperative  educational  services  will

S. 7120--A                          3

reduce  the  costs of aidable shared services to the component districts
pursuant to paragraph d of subdivision 4 of section 1950 of  the  educa-
tion  law  and/or  how any revenues received by the board of cooperative
educational  services  will reduce the costs of aidable shared services.
The commissioner of education shall submit  an  interim  report  to  the
board  of  regents,  the  governor  and the legislature by no later than
April 15, 2013 and a final report by no later than  December  15,  2013,
with recommendations on whether and under what conditions such contracts
should  continue  to  be  authorized beyond the expiration date provided
herein.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed July 1, 2014.

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