senate Bill S7783

2011-2012 Legislative Session

Relates to the committee on special education and the committee on preschool special education; repealer

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to education
delivered to assembly
passed senate
Jun 20, 2012 ordered to third reading cal.1451
Jun 18, 2012 referred to rules

Votes

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Co-Sponsors

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S7783 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Rpld §3641 sub 4 ¶ d, §1950 sub 17, §4402 sub 1 ¶ b sub¶ 3 clause (d-2), amd Ed L, generally; amd §§103 & 209-q, add §25, Gen Muni L; amd §2.30, CP L; amd §421, Soc Serv L

S7783 - Bill Texts

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Relates to the committee on special education and the committee on preschool special education; relates to the option to purchase goods and services by school districts and board of cooperative educational services; authorizes electronic access to students' individualized education program; requires the state to fund certain programs mandated for municipal corporations and school districts; effect of mandates on school districts; and training of persons assigned to be supervisors by a child protective agency.

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BILL NUMBER:S7783

TITLE OF BILL:
An act
to amend the education law, in relation to establishing Earth day;
to amend the
education law, in relation to removing references to subcommittees on
special education;
to amend the education law, in relation to
the committee on special education membership requirements; to amend the
education law, in relation to eliminating the requirement for written
parental consent prior to initial placement of a student with a
disability in a July/August program; to amend the education law, in
relation to transportation of students with disabilities parentally
placed in a private school;
to amend the education law relating to
committee on preschool special
education membership; to amend the education law, in relation to the
additional parent member of committees on special education; to amend
the education law, in relation to authorizing access to students'
individualized education program electronically; to amend the education
law, in relation to discontinuance of an internal audit function in
school districts with enrollment of less than one thousand students;
to amend the
general municipal law, in relation to school districts or board of
cooperative educational services option to purchase goods and services;
to repeal paragraph d of subdivision 4 of section 3641
of the education law relating to
submission of a triennial report on the status of asbestos
containing building materials in schools;
to repeal subdivision 17 of section 1950 of the education law
relating to board of cooperative educational services special education
space plans;
to repeal clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
of section 4402 of the education law relating to the requirement that
boards of education develop plans and policies for appropriate
declassification of students with disabilities;
to amend the general municipal law and the education law, in
relation to requiring the state to fund certain programs mandated for
municipal corporations and school districts; and to amend the education
law, in relation to the effect of mandates on school districts;
to amend the criminal procedure law and
the general
municipal law, in relation to the period of validity of certificates
attesting to the satisfactory completion of an
approved police basic training program;
and to amend the social services law, in relation to the training of
persons assigned to be supervisors by a child protective service

PURPOSE:
This Act enacts into law legislation necessary to effectuate
additional mandate relief to localities throughout New York State.
Property taxes in New York State are too high, and the burden they
place upon our citizens, homeowners and businesses is making it
difficult for New York State to thrive and promote growth. This
legislation will help school districts and municipalities become more


efficient and cut costs, the savings of which can be passed on to
local property taxpayers.

SUMMARY OF PROVISIONS:
Section 1: Eliminates the requirement that public schools assemble
their students on Conservation Day to provide instructionally
related activities related to conservation. Instead, this section
provides districts with flexibility in celebrating Earth Day.

Section 2: Amends the education law to eliminate duplicative
fingerprints for school bus drivers. Currently, the State requires a
second set of fingerprints for school bus drivers who have already
been certified under §509-cc of the vehicle and traffic law. This
section also authorizes the Division of Criminal Justice to provide
subsequent criminal history notifications directly to the
Commissioner upon notification that a prospective employee has been
cleared for employment.

Section 3: Eliminates state requirements for reporting that go beyond
the federal requirements of the Asbestos Hazard Emergency Response
Act (AHERA). Currently the State requires reporting each year where
the Federal Government requires reporting every 3 years.

Section 4: Amends the general municipal law to expand a district's
ability to purchase goods and services under general services
administration contracts.

Sections 5 and 6: Repeal education law sections to eliminate the
requirement for five-year BOCES special education space requirement
plans. In its place amendments to the education law creating a
general provision that school districts and BOCES must ensure the
stability and continuity of program placements for students with
disabilities, including procedures that ensure that special education
programs and services located in appropriate facilities will not .be
relocated without adequate consideration of the needs of participating
students with disabilities.

Section 7: Amends the education law to allow districts to schedule
superintendent conference days in the last weeks of August to provide
flexibility to districts with regard to meeting their requirement to
hold 180 regular days of session. This amendment would not alter the
responsibility of the school district to provide transportation to
non- public elementary and secondary schools or charter schools.

Section 8: Repeals clause d-2 of subparagraph .3 of paragraph b of
subdivision 1 of section 4402 of the education law which requires
boards of education to develop plans and policies for appropriate
declassification of students with disabilities.

Section 9: Amends the education law to remove the requirement that
school districts obtain the written consent of the parent prior to
the initial placement of the student in a July/August program
recommended by the committee on special education. Parents provide
consent to a 12 month program well in advance of the summer months.
This section eliminates the requirement that the parent must consent
twice.


Section 10: Amends the education law to establish that all school
districts are approved evaluators of preschool students suspected of
having a disability without the need to submit an application to the
state education department.

Section 11: Amends the education law to eliminate the requirement that
the committee on special education membership must include an
additional parent of a student with a disability and a school
physician. Language would be added indicating that the Parents have
the right to have the physician and additional parent present if
desired.

Section 12: Amends the education law to give the school district the
option for a teacher to have access to a student's individual
education program electronically.

Section 13: Amends the Education Law to allow school districts with
fewer than 1,000 students to forego establishing or maintaining an
internal audit function. School districts that resolve to eliminate
their internal audit functions pursuant to this legislative change
would have to notify the State Department of Education (SED) and the
Office of the State Comptroller (OSC) of their decision.

Sections 14-16: Require any state mandated program imposed on
municipalities or school districts, which created an annual net
additional cost in excess of $1 0,000 or an aggregate annual net
additional cost in excess of $1 million to be funded by the state.

Sections 17-18: Extend the validity on all police and peace office
basic training certificates of completion from two to five years.

Sections 19-20: Amends General Municipal Law to increase thresholds at
which localities are required to bid and award a contract. Under
current law, localities must comply with bidding provisions within
section 103 of the General Municipal Law for purchase contracts over
$20,000 and public works contracts over $35,000. This would increase
those thresholds to $50,000 and $100,000 respectively and give more
local discretion to municipalities for purchasing.

Section 21: Requires new child protective service supervisors to
undergo common core training only if the supervisor has never had
training or it has been more than five years since the supervisor had
such training.

EXISTING LAW:

JUSTIFICATION:
This legislation is necessary to provide municipalities and school
districts with additional mandate relief that will in turn allow those
localities to provide much needed property tax relief to their
residents.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:
July 1, 2012 with exceptions.

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

                                  7783

                            I N  S E N A T E

                              June 18, 2012
                               ___________

Introduced  by  Sens. FLANAGAN, MARTINS, LITTLE, HANNON, SALAND, RANZEN-
  HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Rules

AN  ACT  to  amend  the education law, in relation to establishing Earth
  day; to amend the education law, in relation to removing references to
  subcommittees on special education; to amend  the  education  law,  in
  relation  to  the  committee  on special education membership require-
  ments; to amend the education law,  in  relation  to  eliminating  the
  requirement for written parental consent prior to initial placement of
  a  student  with  a  disability in a July/August program; to amend the
  education law, in relation to transportation of students with disabil-
  ities parentally placed in a private school; to  amend  the  education
  law  relating  to committee on preschool special education membership;
  to amend the education law,  in  relation  to  the  additional  parent
  member of committees on special education; to amend the education law,
  in  relation  to authorizing access to students' individualized educa-
  tion program electronically; to amend the education law,  in  relation
  to  discontinuance  of  an internal audit function in school districts
  with enrollment of less than  one  thousand  students;  to  amend  the
  general  municipal  law,  in  relation to school districts or board of
  cooperative  educational  services  option  to  purchase   goods   and
  services;  to  repeal  paragraph d of subdivision 4 of section 3641 of
  the education law relating to submission of a triennial report on  the
  status of asbestos containing building materials in schools; to repeal
  subdivision  17 of section 1950 of the education law relating to board
  of cooperative educational services special education space plans;  to
  repeal  clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
  of section 4402 of the education law relating to the requirement  that
  boards of education develop plans and policies for appropriate declas-
  sification of students with disabilities; to amend the general munici-
  pal  law  and the education law, in relation to requiring the state to
  fund certain programs mandated for municipal corporations  and  school
  districts;  and  to amend the education law, in relation to the effect
  of mandates on school districts; to amend the criminal  procedure  law
  and  the  general municipal law, in relation to the period of validity
  of  certificates  attesting  to  the  satisfactory  completion  of  an
  approved  police  basic  training  program;  and  to  amend the social

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16292-02-2

S. 7783                             2

  services law, in relation to the training of persons  assigned  to  be
  supervisors by a child protective service

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

  Section 1. Section 810 of the education law, as amended by chapter 616
of the laws of 1969 and subdivision 1 as amended by chapter  96  of  the
laws of 1978, is amended to read as follows:
  S 810. [Conservation]  EARTH  day.   [1. The last Friday in April each
year is hereby made and declared to be known as  Conservation  day,  and
observed  in accordance with the provisions of this chapter, except that
for the year nineteen hundred seventy-eight, Conservation day  shall  be
May third.
  2.  It  shall be the duty of the authorities of every public school in
this state to assemble the pupils in their charge on  that  day  in  the
school  building,  or elsewhere, as they may deem proper, and to provide
for and conduct (1) such exercises as shall tend to encourage the plant-
ing, protection and preservation of trees and shrubs, and  an  acquaint-
ance with the best methods to be adopted to accomplish such results, and
(2)  such  lectures,  pictures  or  tours, as shall tend to increase the
interest and knowledge of such pupils in the fish and  wild  life,  soil
and water of the state.
  3.  The  commissioner  of  education may prescribe from time to time a
course  of  exercises  and  instruction  in  the  subjects  hereinbefore
mentioned,  which  shall  be  adopted  and observed by the public school
authorities on Conservation day. Upon receipt of copies of  such  course
sufficient  in number to supply all the schools under their supervision,
the school authorities aforesaid shall  promptly  provide  each  of  the
schools  under  their  charge  with a copy, and cause it to be observed]
ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
IN THIS STATE TO OBSERVE EARTH DAY  AS  THEY  MAY  DEEM  PROPER  AND  TO
ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
  S  2.  Section  3035  of  the education law is amended by adding a new
subdivision 3-b to read as follows:
  3-B. UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED  BY
THE  COMMISSIONER  OF  MOTOR  VEHICLES  PURSUANT TO SECTION FIVE HUNDRED
NINE-CC OR SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
A COPY OF SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD  AND  SUCH  INDIVID-
UAL'S  FINGERPRINTS  TO  THE  COMMISSIONER  FOR PURPOSES OF CONDUCTING A
CRIMINAL HISTORY RECORD CHECK PURSUANT  TO  THIS  SECTION.  FURTHERMORE,
UPON  NOTIFICATION  THAT  SUCH PROSPECTIVE EMPLOYEE HAS BEEN CLEARED FOR
EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT
CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER.
  S 3. Paragraph d of subdivision 4 of section 3641 of the education law
is REPEALED.
  S 4. Subdivision 1-b of section 103 of the general municipal  law,  as
added  by  section 4 of subpart A of part C of chapter 97 of the laws of
2011, is amended read as follows:
  1-b. A political subdivision or any district therein  shall  have  the
option of purchasing information technology and telecommunications hard-
ware,  software and professional services through cooperative purchasing
permissible pursuant to federal general services administration informa-

S. 7783                             3

tion technology schedule seventy or any successor schedule. A  political
subdivision  or  any  district  therein  that  purchases through general
services administration schedule  seventy,  information  technology  and
consolidated  schedule  contracts  shall  comply  with  federal schedule
ordering  procedures  as  provided  in  federal  acquisition  regulation
8.405-1  or  8.405-2  or successor regulations, whichever is applicable.
Adherence to  such  procedures  shall  constitute  compliance  with  the
competitive  bidding  requirements  under this section.   IN ADDITION, A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  HAVE
THE  OPTION  OF  PURCHASING  OTHER GOODS OR SERVICES THROUGH COOPERATIVE
PURCHASING PERMISSIBLE PURSUANT TO  A  GENERAL  SERVICES  ADMINISTRATION
CONTRACT. A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
THAT  PURCHASES  OTHER  SERVICES  THROUGH GENERAL SERVICE ADMINISTRATION
CONTRACTS SHALL COMPLY WITH THE  APPLICABLE  FEDERAL  SCHEDULE  ORDERING
PROCEDURES  AS PROVIDED IN THE FEDERAL ACQUISITION REGULATIONS AS APPLI-
CABLE.
  S 5. Subdivision 17 of section 1950 of the education law is REPEALED.
  S 6. Section 2215 of the education law is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  TO  DETERMINE  THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES
SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS  IN  THE  GEOGRAPHIC
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
WITH  THE  LEAST  RESTRICTIVE  ENVIRONMENT REQUIREMENT AND TO ENSURE THE
STABILITY AND CONTINUITY OF PROGRAM PLACEMENTS FOR STUDENTS  WITH  DISA-
BILITIES,  INCLUDING  PROCEDURES  THAT  ENSURE  THAT  SPECIAL  EDUCATION
PROGRAMS AND SERVICES LOCATED IN  APPROPRIATE  FACILITIES  WILL  NOT  BE
RELOCATED  WITHOUT  ADEQUATE CONSIDERATION OF THE NEEDS OF PARTICIPATING
STUDENTS WITH DISABILITIES.
  S 7. Subdivision 8 of section 3604 of the education law, as amended by
section 46 of part H of chapter 83 of the laws of 2002,  is  amended  to
read as follows:
  8.  No  school  shall  be in session on a Saturday or a legal holiday,
except general election day, Washington's birthday and Lincoln's  birth-
day,  and  except  that  driver  education classes may be conducted on a
Saturday. A deficiency not exceeding [three] FOUR days during any school
year caused by teachers' attendance upon conferences held by superinten-
dents of schools of city school  districts  or  other  school  districts
employing superintendents of schools shall be excused by the commission-
er,  NOTWITHSTANDING  ANY  PROVISION  OF  LAW, RULE OR REGULATION TO THE
CONTRARY, A SCHOOL DISTRICT MAY ELECT TO SCHEDULE SUCH  CONFERENCE  DAYS
IN  THE  LAST TWO WEEKS OF AUGUST AND SUCH DAYS SHALL BE COUNTED TOWARDS
THE REQUIRED ONE HUNDRED  EIGHTY  DAYS  OF  SESSION,  provided  however,
[notwithstanding  any  other  provision of law, that during the nineteen
hundred ninety-two--ninety-three through the two thousand two--two thou-
sand three school years and thereafter, the] THAT SUCH SCHEDULING  SHALL
NOT  ALTER  THE OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE TRANSPORTA-
TION TO STUDENTS IN NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OR CHAR-
TER SCHOOLS.  THE commissioner shall excuse a deficiency  not  exceeding
four  days  during  such school year caused by teachers' attendance upon
conferences held by such superintendents, provided  that  at  least  two
such conference days during such school year shall be dedicated to staff
attendance  upon  conferences  providing  staff  development relating to
implementation of the new high learning standards  and  assessments,  as
adopted  by the board of regents. Notwithstanding any other provision of
law, rule or regulation to the contrary, school districts may  elect  to
use  one  or more of such allowable conference days in units of not less

S. 7783                             4

than one hour each to provide staff development activities  relating  to
implementation  of  the  new  high learning standards and assessments. A
district making such election may provide such staff development  during
the  regularly scheduled daily session and apply such units to satisfy a
deficiency in the length of one or more daily  sessions  of  instruction
for  pupils as specified in regulations of the commissioner. The commis-
sioner shall assure that such conference days include appropriate school
violence prevention and intervention training, and may require  that  up
to one such conference day be dedicated for such purpose.
  S 8. Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S  9.  Paragraph  a  of subdivision 2 of section 4402 of the education
law, as amended by chapter 243 of the laws of 1989, is amended  to  read
as follows:
  a. The board of education or trustees of each school district shall be
required  to  furnish  suitable  educational opportunities for [children
with handicapping conditions] STUDENTS WITH DISABILITIES by one  of  the
special  services  or  programs  listed  in  subdivision  two of section
forty-four hundred one. The need of the individual child shall determine
which of such services shall be rendered. Each district shall provide to
the maximum extent appropriate such services in a manner  which  enables
[children  with  handicapping  conditions] STUDENTS WITH DISABILITIES to
participate  in  regular  education  services  when  appropriate.   Such
services  or programs shall be furnished between the months of September
and June of each year, except that for the nineteen hundred  eighty-sev-
en--eighty-eight  school  year  and  thereafter,  with  respect  to  the
students whose [handicapping conditions] DISABILITIES are severe  enough
to  exhibit  the  need  for  a structured learning environment of twelve
months duration to maintain developmental levels, the board of education
or trustees of each school  district  upon  the  recommendation  of  the
committee  on special education [and, in the first instance, the consent
of the parent] shall also provide, either directly or by  contract,  for
the  provision  of  special  services and programs as defined in section
forty-four hundred one of this article during the  months  of  July  and
August  as  contained  in  the individualized education program for each
eligible [child] STUDENT, and with prior approval by the commissioner if
required; provided that [(i) a student with a handicapping condition who
is first eligible to attend public school in the nineteen hundred eight-
y-seven--eighty-eight school year  shall  not  be  eligible  to  receive
services pursuant to this paragraph during the months of July and August
nineteen  hundred  eighty-seven  and  (ii) a student with a handicapping
condition who is first eligible to attend public school in the  nineteen
hundred  eighty-eight--eighty-nine  school year shall not be eligible to
receive services pursuant to this paragraph during the  months  of  July
and  August  nineteen  hundred  eighty-eight  and (iii) a student with a
handicapping condition who is eligible for services during the months of
July and August nineteen hundred eighty-nine pursuant to the  provisions
of  subdivision  six  of  section forty-four hundred ten of this article
shall not be eligible to receive services  pursuant  to  this  paragraph
during  such  months and (iv)] a student with a [handicapping condition]
DISABILITY who is eligible for services, including services  during  the
months of July and August, pursuant to section forty-four hundred ten of
this  article shall not be eligible to receive services pursuant to this
paragraph during the months of July and August.
  S 10. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the
education law, paragraph (a) as amended by chapter 581 of  the  laws  of

S. 7783                             5

2011  and  paragraph (c) as added by chapter 82 of the laws of 1995, are
amended to read as follows:
  (a)  A  [school  district or a] group of appropriately licensed and/or
certified professionals associated with a public or private  agency  may
apply  to  the  commissioner  for  approval  as  an  evaluator on a form
prescribed by the commissioner. The commissioner  shall  approve  evalu-
ators  pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation  component  of  programs  approved
pursuant to subdivision nine of this section consistent with regulations
adopted  pursuant  to  such subdivision. ALL SCHOOL DISTRICTS ARE DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with disabilities. To be eligible for  approval  as
an  evaluator  under this subdivision on and after July first, two thou-
sand eleven, a group of  appropriately  licensed  or  certified  profes-
sionals  shall  be formed as a limited liability company or professional
services corporation established pursuant  to  article  fifteen  of  the
business  corporation  law,  article  twelve  or thirteen of the limited
liability company law or article eight-B of  the  partnership  law.  The
approval  of  any groups of licensed or certified professionals that are
in existence on July first, two thousand eleven and would not be  eligi-
ble  for approval thereafter shall terminate on July first, two thousand
thirteen.
  (c) The commissioner  shall  establish  a  billing  and  reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant  to  the provisions of this subdivision consistent with billing
and  reimbursement  for  evaluation  services  provided  by   evaluators
approved pursuant to the provisions of subdivision nine of this section.
  S  11. Subclause (viii) of clause (a) of subparagraph 1 of paragraph b
of subdivision 1 of section 4402 of the education  law,  as  amended  by
chapter 194 of the laws of 2004, is amended to read as follows:
  (viii)  IF  REQUESTED BY THE PARENT OR PERSON IN PARENTAL RELATIONSHIP
TO THE STUDENT, an additional parent, residing in the school district or
a neighboring school district, of a student  with  a  disability,  of  a
student who has been declassified and is no longer eligible for an indi-
vidualized  education program (IEP), or a parent of a disabled child who
has graduated, for a period of five years beyond the student's declassi-
fication or graduation, provided such parent shall not be employed by or
under contract with the school district[, and provided further that such
additional parent shall not be a required member if the parents  request
that  such  additional  parent  member not participate]. DISTRICTS SHALL
PROVIDE PARENTS AND PERSONS IN  PARENTAL  RELATIONSHIP  TO  THE  STUDENT
NOTICE  OF  THE  RIGHT  TO  REQUEST  THE  PARTICIPATION OF AN ADDITIONAL
PARENT;
  S 12. Paragraph a of subdivision 7 of section 4402  of  the  education
law,  as added by chapter 408 of the laws of 2002, is amended to read as
follows:
  a. The board of education or trustees of each school district and  the
board  of trustees of each charter school shall adopt a policy to ensure

S. 7783                             6

that each regular education teacher, special education teacher,  related
service  provider, and other service provider who is responsible for the
implementation of a student's individualized education program shall  be
given a copy of such student's individualized education program prior to
the  implementation  of  such  program  OR  SHALL BE ABLE TO ACCESS SUCH
STUDENT'S INDIVIDUALIZED  EDUCATION  PROGRAM  ELECTRONICALLY;  PROVIDED,
HOWEVER, IF THE POLICY PROVIDES THAT THE STUDENT'S INDIVIDUALIZED EDUCA-
TION  PROGRAM  IS  TO BE ACCESSED ELECTRONICALLY, THEN SUCH POLICY SHALL
ALSO ENSURE THAT THE INDIVIDUALS RESPONSIBLE FOR THE IMPLEMENTATION OF A
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM SHALL BE NOTIFIED AND TRAINED
ON HOW TO ACCESS SUCH INDIVIDUALIZED EDUCATION PROGRAMS ELECTRONICALLY.
  S 13. Subdivision 2 of section 2116-b of the education law,  as  added
by chapter 263 of the laws of 2005, is amended to read as follows:
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in  the previous school year, or school districts with actual enrollment
of less than [three hundred]  ONE  THOUSAND  students  in  the  previous
school  year  shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner  that
such  school  district meets the requirements set forth in this subdivi-
sion.  ANY SCHOOL DISTRICT WITH ACTUAL ENROLLMENT OF LESS THAN ONE THOU-
SAND STUDENTS IN THE PREVIOUS SCHOOL YEAR THAT HAS ESTABLISHED AN INTER-
NAL AUDIT FUNCTION MAY DISCONTINUE SUCH FUNCTION,  UPON  NOTICE  TO  THE
STATE COMPTROLLER AND THE COMMISSIONER.
  S  14. The general municipal law is amended by adding a new section 25
to read as follows:
  S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED  IN  THIS  SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
MUNICIPAL  CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED  TO
PROVIDE,  THEREBY  RESULTING  IN  A NET ADDITIONAL COST TO THE MUNICIPAL
CORPORATION; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE, THEREBY RESULTING  IN  A  NET  ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT  ON  ACCOUNT  OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;

S. 7783                             7

  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, NO  UNFUNDED  MANDATE  SHALL  BE  ENACTED  WHICH
CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION.
  3.  EXEMPTIONS  TO  THE  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED  TO  FUND  ANY  NEW  OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED  ON  MUNICIPAL  CORPORATIONS  SHALL  BE
CONSISTENT  WITH  THE  NEEDS  OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S  15.  The education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) 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
  (II)  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.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE FOR AN  EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL

S. 7783                             8

DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  SCHOOL  DISTRICT  MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES  AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT.
  3.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II) THE MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL  DISTRICT
UNDER  A  LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
  (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A  HOME  RULE  MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE  SPECIFIED  IN  THE  STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE  AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN  IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S  16.  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 THE FOLLOWING YEAR FOR WHICH SUCH  SCHOOL
BUDGET WAS ADOPTED.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE CAN
BE IMPOSED IF:

S. 7783                             9

  (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
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 17. Subdivision 6 of section 2.30 of the criminal procedure law,  as
amended  by  chapter  491  of  the  laws  of 2010, is amended to read as
follows:
  6. A certificate attesting to satisfactory completion of the  training
requirements  imposed under this section awarded to any peace officer by
the [executive director] CHAIRMAN of the municipal police training coun-
cil pursuant to this section shall remain valid:
  (a) during the holder's continuous service as a peace officer; and
  (b) for [two] FIVE years after the date  of  the  commencement  of  an
interruption  in such service where the holder had, immediately prior to
such interruption, served as a peace officer [for less than two  consec-
utive years; or
  (c)  for  four  years  after the date of the commencement of an inter-
ruption in such service where the holder had, immediately prior to  such
interruption,  served  as  a  peace officer for two consecutive years or
longer].
  As used in this subdivision, the  term  "interruption"  shall  mean  a
period  of  separation  from  employment as a peace officer by reason of
such officer's leave of absence,  resignation  or  removal,  other  than
removal for cause.
  S 18. Subdivisions 1 and 1-a of section 209-q of the general municipal
law,  subdivision 1 as amended by chapter 735 of the laws of 1988, para-
graphs (b) and (c) of subdivision 1 as amended by  chapter  551  of  the
laws  of 2001 and subdivision 1-a as added by chapter 671 of the laws of
1967, are amended to read as follows:
  1. (a) Notwithstanding the provisions of any general, special or local
law or charter to the contrary, no  person  shall[,  after  July  first,
nineteen  hundred sixty,] receive an original appointment on a permanent
basis as a police officer of any county, city, town, village  or  police
district unless such person has previously been awarded a certificate by
the [executive director] CHAIRMAN of the municipal police training coun-
cil created under article thirty-five of the executive law, attesting to
his OR HER satisfactory completion of an approved municipal police basic
training  program;  and  every  person  who is appointed [on a temporary
basis or for a probationary term or on other than a permanent basis]  as
a police officer [of any county, city, town, village or police district]
shall  forfeit  his  OR HER position as such unless he OR SHE previously
has satisfactorily completed, or within the  time  prescribed  by  regu-
lations  promulgated  by  the governor pursuant to section eight hundred
forty-two  of  the  executive  law,  satisfactorily  completes[,  a]  AN
APPROVED  municipal  police  basic  training  program  [for temporary or
probationary police officers] and  is  awarded  a  certificate  by  such
[director] CHAIRMAN attesting thereto.
  (b)  A certificate attesting to satisfactory completion of an approved
municipal police basic training program awarded by the [executive direc-

S. 7783                            10

tor] CHAIRMAN of the municipal police training council pursuant to  this
subdivision shall remain valid:
  (i)  during  the  holder's  continuous service as a police officer [or
peace officer who has an  equivalency  certificate  for  police  officer
training  or  an approved course for state university of New York public
safety officers issued in accordance with subdivision three  of  section
eight hundred forty-one of the executive law]; and
  (ii)  for  [two]  FIVE  years after the date of the commencement of an
interruption in such service where the holder had, immediately prior  to
such  interruption, served as a police officer [or peace officer who has
an equivalency certificate for police officer training  or  an  approved
course for state university of New York public safety officers issued in
accordance  with subdivision three of section eight hundred forty-one of
the executive law, for less than two consecutive years]; or
  (iii) [for four years after the date of the commencement of an  inter-
ruption  in such service where the holder had, immediately prior to such
interruption, served as a police officer or peace  officer  who  has  an
equivalency  certificate  for  police  officer  training  or an approved
course for state university of New York public safety officers issued in
accordance with subdivision three of section eight hundred forty-one  of
the executive law, for two consecutive years or longer; or
  (iv)]  where the holder, whose interruption in continuous service as a
police officer does not exceed ten years, has  satisfactorily  completed
an  approved  police officer refresher course [or where a peace officer,
who seeks an equivalency certificate for police officer training  or  an
approved  course for state university of New York public safety officers
issued in accordance with subdivision three  of  section  eight  hundred
forty-one  of  the  executive law, has satisfactorily completed relevant
police officer training courses,] as prescribed by the municipal  police
training council.
  (c)  As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a police officer [or peace offi-
cer who has an equivalency certificate for police officer training or an
approved course for state university of New York public safety  officers
issued  in  accordance  with  subdivision three of section eight hundred
forty-one of the executive law,] by reason of such  officer's  leave  of
absence, resignation or removal, other than removal for cause.
  1-a.  Notwithstanding  the provisions of any general, special or local
law or charter, the promotion of any  police  officer  to  a  first-line
supervisory  position  [on  or after July first, nineteen hundred sixty-
seven,] shall not become permanent unless such police officer has previ-
ously been awarded a certificate by the [executive director] CHAIRMAN of
the municipal police training council created under article [nineteen-f]
THIRTY-FIVE of the executive law, attesting to his OR  HER  satisfactory
completion  of an approved course in police supervision as prescribed by
the municipal  police  training  council.  Any  police  officer  who  is
promoted  on any basis to a first-line supervisory position [on or after
July first, nineteen hundred sixty-seven] shall forfeit  such  promotion
unless  he OR SHE previously has satisfactorily completed, or within the
time prescribed by regulations promulgated by the governor  pursuant  to
section [four hundred eighty-four] EIGHT HUNDRED FORTY-TWO of the execu-
tive  law  satisfactorily  completes,  the  prescribed  course in police
supervision and is awarded a certificate  by  such  [director]  CHAIRMAN
attesting thereto.

S. 7783                            11

  S  19.  Subdivision  1 of section 103 of the general municipal law, as
amended by section 1 of chapter 2 of the laws of  2012,  is  amended  to
read as follows:
  1. Except as otherwise expressly provided by an act of the legislature
or  by  a  local  law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an  expenditure  of
more  than  [thirty-five]  ONE HUNDRED thousand dollars and all purchase
contracts involving an expenditure of more than [twenty] FIFTY  thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a  political  subdivision  or  of any district therein including but not
limited to a soil conservation district to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids  in
the  manner  provided  by this section, provided, however, that purchase
contracts (including contracts  for  service  work,  but  excluding  any
purchase  contracts  necessary  for  the  completion  of  a public works
contract pursuant to article eight of the labor law) may be  awarded  on
the  basis  of best value, as defined in section one hundred sixty-three
of the state finance law, to a  responsive  and  responsible  bidder  or
offerer  in  the  manner provided by this section except that in a poli-
tical subdivision other than a city with a  population  of  one  million
inhabitants  or  more or any district, board or agency with jurisdiction
exclusively therein the use  of  best  value  for  awarding  a  purchase
contract  or  purchase  contracts must be authorized by local law or, in
the case of a district corporation, school district or board of  cooper-
ative educational services, by rule, regulation or resolution adopted at
a  public meeting. In any case where a responsible bidder's or responsi-
ble offerer's gross price is reducible by an allowance for the value  of
used machinery, equipment, apparatus or tools to be traded in by a poli-
tical  subdivision,  the  gross  price shall be reduced by the amount of
such allowance, for the purpose of determining the best value.  In cases
where two or more responsible bidders furnishing the  required  security
submit  identical  bids  as  to price, such officer, board or agency may
award the contract to any of such bidders. Such officer, board or agency
may, in his or her or its discretion, reject  all  bids  or  offers  and
readvertise  for  new  bids  or  offers  in  the manner provided by this
section. In determining whether a purchase is an expenditure within  the
discretionary  threshold  amounts  established  by this subdivision, the
officer, board or agency of a political subdivision or of  any  district
therein  shall  consider the reasonably expected aggregate amount of all
purchases of the same commodities, services or  technology  to  be  made
within  the  twelve-month  period  commencing  on  the date of purchase.
Purchases of commodities, services or  technology  shall  not  be  arti-
ficially  divided for the purpose of satisfying the discretionary buying
thresholds established by this subdivision. A change to or a renewal  of
a discretionary purchase shall not be permitted if the change or renewal
would bring the reasonably expected aggregate amount of all purchases of
the  same  commodities,  services  or  technology from the same provider
within the twelve-month period commencing  on  the  date  of  the  first
purchase  to  an  amount greater than the discretionary buying threshold
amount. For purposes of this section, "sealed bids" and "sealed offers",
as that term applies to purchase  contracts,  (including  contracts  for
service  work,  but  excluding  any purchase contracts necessary for the
completion of a public works contract pursuant to article eight  of  the
labor  law)  shall  include  bids  and offers submitted in an electronic
format including submission of the statement of  non-collusion  required
by  section  one  hundred  three-d  of  this  article, provided that the

S. 7783                            12

governing board of the political subdivision or district, by resolution,
has authorized the receipt of bids and offers in such format. Submission
in electronic format may, for technology contracts only, be required  as
the  sole  method for the submission of bids and offers. Bids and offers
submitted in an electronic format shall be transmitted  by  bidders  and
offerers to the receiving device designated by the political subdivision
or district. Any method used to receive electronic bids and offers shall
comply with article three of the state technology law, and any rules and
regulations  promulgated  and  guidelines developed thereunder and, at a
minimum, must (a) document the time and date of receipt of each bid  and
offer  received  electronically;  (b)  authenticate  the identity of the
sender; (c) ensure the security of the information transmitted; and  (d)
ensure  the  confidentiality of the bid or offer until the time and date
established for the opening of bids or offers. The timely submission  of
an  electronic bid or offer in compliance with instructions provided for
such submission in the advertisement for bids or offers and/or the spec-
ifications shall be the responsibility solely of each bidder or  offerer
or  prospective  bidder or offerer. No political subdivision or district
therein shall incur any liability from delays of or interruptions in the
receiving device designated for the submission and receipt of electronic
bids and offers.
  S 20. Subdivision 1 of section 103 of the general  municipal  law,  as
amended  by  section  2  of chapter 2 of the laws of 2012, is amended to
read as follows:
  1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to  September  first,  nineteen  hundred
fifty-three,  all  contracts for public work involving an expenditure of
more than [thirty-five] ONE HUNDRED thousand dollars  and  all  purchase
contracts  involving an expenditure of more than [twenty] FIFTY thousand
dollars, shall be awarded by the appropriate officer, board or agency of
a political subdivision or of any district  therein  including  but  not
limited to a soil conservation district to the lowest responsible bidder
furnishing  the required security after advertisement for sealed bids in
the manner provided by this section, provided,  however,  that  purchase
contracts  (including  contracts  for  service  work,  but excluding any
purchase contracts necessary  for  the  completion  of  a  public  works
contract  pursuant  to article eight of the labor law) may be awarded on
the basis of best value, as defined in section one  hundred  sixty-three
of  the  state  finance  law,  to a responsive and responsible bidder or
offerer in the manner provided by this section except that  in  a  poli-
tical  subdivision  other  than  a city with a population of one million
inhabitants or more or any district, board or agency  with  jurisdiction
exclusively  therein  the  use  of  best  value  of  awarding a purchase
contract or purchase contracts must be authorized by local  law  or,  in
the  case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting. In determining whether a purchase  is  an  expenditure
within  the discretionary threshold amounts established by this subdivi-
sion, the officer, board or agency of a political subdivision or of  any
district therein shall consider the reasonably expected aggregate amount
of  all  purchases of the same commodities, services or technology to be
made within the twelve-month period commencing on the date of  purchase.
Purchases  of  commodities,  services  or  technology shall not be arti-
ficially divided for the purpose of satisfying the discretionary  buying
thresholds  established by this subdivision. A change to or a renewal of
a discretionary purchase shall not be permitted if the change or renewal

S. 7783                            13

would bring the reasonably expected aggregate amount of all purchases of
the same commodities, services or  technology  from  the  same  provider
within  the  twelve-month  period  commencing  on  the date of the first
purchase  to  an  amount greater than the discretionary buying threshold
amount.  In  any  case  where  a  responsible  bidder's  or  responsible
offerer's gross price is reducible by an allowance for the value of used
machinery,  equipment, apparatus or tools to be traded in by a political
subdivision, the gross price shall be reduced  by  the  amount  of  such
allowance,  for the purpose of determining the low bid or best value. In
cases where two or more  responsible  bidders  furnishing  the  required
security submit identical bids as to price, such officer, board or agen-
cy may award the contract to any of such bidders. Such officer, board or
agency may, in his, her or its discretion, reject all bids or offers and
readvertise  for  new  bids  or  offers  in  the manner provided by this
section.
  S 21. Paragraph (c) of subdivision 5 of  section  421  of  the  social
services law, as added by chapter 525 of the laws of 2006, is amended to
read as follows:
  (c) require all persons assigned to be a supervisor by a child protec-
tive service on or after April first, nineteen hundred eighty-six, shall
have  satisfactorily completed, within the first three months of employ-
ment as a supervisor or within three months of  the  effective  date  of
this  paragraph,  whichever shall occur first, a course in the fundamen-
tals of child protection developed by the office of children and  family
services. Such training course shall, among other things, strengthen and
expand current training procedures for child protective service supervi-
sors;  provide the skills, knowledge and standards to practice effective
case planning and  case  management;  provide  comprehensive  assessment
tools  needed  in critical decision making; require participation in the
existing common core training required by child protective service case-
workers ONLY WHEN SUCH SUPERVISOR HAS NEVER HAD SUCH  TRAINING  OR  MORE
THAN FIVE YEARS HAVE ELAPSED SINCE SUCH TRAINING; strengthen recognition
and  response  to  safety and risk indicators; improve skills to promote
consistent implementation of training and practice; provide  the  neces-
sary  tools  and  assistance  to  build the ability to coach and monitor
child protective service caseworkers and model  effective  investigation
practice; increase cultural competency and sensitivity; and establish an
annual in service training program specifically focused on child protec-
tive service supervisors.
  S  22.   This act shall take effect July 1, 2012; provided that in the
event this act shall become a law after such date, it shall take  effect
immediately and shall be deemed to have been in full force and effect on
and after July 1, 2012; and provided further that:
  (a)  the  amendments  to  subdivision 1-b of the general municipal law
made by section four of this act shall not affect  the  repeal  of  such
subdivision and shall be deemed repealed therewith;
  (b)  sections  fourteen through sixteen of this act shall be deemed to
have been in full force and effect on and after April 1, 2012 and  shall
apply  to  any  general  or  special  law imposing mandates on municipal
corporations or school districts enacted  on  or  after  such  effective
date;
  (c)  the  commissioner of education shall adopt any regulations needed
to implement the provisions of sections sixteen  through  twenty-one  of
this act on or before July 1, 2013; and
  (d)  provided  further that the amendments to subdivision 1 of section
103 of the general municipal law, made by section nineteen of this  act,

S. 7783                            14

shall  be  subject  to  the expiration and reversion of such subdivision
pursuant to subdivision (a) of section 41 of part X of chapter 62 of the
laws of 2003, as amended, when upon such date the provisions of  section
twenty of this act shall take effect.

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