Senate Bill S4653

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

                                  4653

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- 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 capping the  level  of
  expenditures  by  school  districts  for  central  administration  and
  authorizing school districts and  boards  of  cooperative  educational
  services  to  enter  into  agreements  or contracts with each other to
  perform the same functions and provide the same services that each  is
  authorized to perform or provide

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

  Section 1. Section 2 of the education law is amended by adding  a  new
subdivision 25 to read as follow:
  25.  CENTRAL ADMINISTRATION SERVICES. THE TERM "CENTRAL ADMINISTRATION
SERVICES"  MEANS  CENTRAL  ADMINISTRATION SERVICES PROVIDED BY A COMMON,
UNION FREE, CENTRAL SCHOOL DISTRICT, OR  CENTRAL  HIGH  SCHOOL  DISTRICT
INCLUDING  EXPENDITURES  FOR  THE  CHIEF  SCHOOL  OFFICER,  THE BUSINESS
OFFICE, THE PURCHASING OFFICE, THE PERSONNEL OFFICE, THE RECORDS MANAGE-
MENT OFFICE, PUBLIC INFORMATION AND SERVICES, FEES  FOR  FISCAL  AGENTS,
THE  DISTRICT  CLERK'S  OFFICE, THE DISTRICT MEETING, AUDITING SERVICES,
THE TREASURER'S OFFICE, THE TAX COLLECTOR'S OFFICE, LEGAL SERVICES,  THE
SCHOOL CENSUS, AND INDIRECT COSTS AND OTHER UNCLASSIFIED EXPENDITURES.
  S  2.  The  education law is amended by adding a new section 1510-a to
read as follows:
  S 1510-A. CENTRAL ADMINISTRATIVE SERVICES. 1. NO COMMON,  UNION  FREE,
CENTRAL SCHOOL DISTRICT, OR CENTRAL HIGH SCHOOL DISTRICT WITH AN ENROLL-
MENT OF ONE THOUSAND STUDENTS OR MORE SHALL EXPEND MORE THAN TWO PERCENT
OF  ITS  TOTAL  BUDGET FOR CENTRAL ADMINISTRATIVE SERVICES IN ANY FISCAL
YEAR. IN COMMON, UNION FREE,  CENTRAL  SCHOOL  OR  CENTRAL  HIGH  SCHOOL
DISTRICTS  WITH  AN  ENROLLMENT  OF LESS THAN ONE THOUSAND STUDENTS, THE
EXPENDITURES FOR CENTRAL ADMINISTRATIVE SERVICES SHALL NOT EXCEED  THREE
PERCENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10662-01-1
              

S. 4653                             2

  2.  ANY  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
MAY ENTER INTO AN AGREEMENT WITH ANY OTHER SCHOOL DISTRICT OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME CENTRAL ADMINISTRA-
TIVE  SERVICES AND PROVIDE THE SAME CENTRAL ADMINISTRATIVE SERVICES THAT
EACH IS AUTHORIZED TO PERFORM OR PROVIDE.
  S  3.  Section  1604  of  the education law is amended by adding a new
subdivision 43 to read as follows:
  43. TO AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  TO PERFORM THE SAME CENTRAL ADMINISTRATIVE
SERVICES AND PROVIDE THE SAME CENTRAL ADMINISTRATIVE SERVICES THAT  EACH
IS AUTHORIZED TO PERFORM OR PROVIDE.
  S  4.  Section  1709  of  the education law is amended by adding a new
subdivision 43 to read as follows:
  43. TO AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  TO PERFORM THE SAME CENTRAL ADMINISTRATIVE
SERVICES AND PROVIDE THE SAME CENTRAL ADMINISTRATIVE SERVICES THAT  EACH
IS AUTHORIZED TO PERFORM OR PROVIDE.
  S  5.  Section  1804  of  the education law is amended by adding a new
subdivision 13 to read as follows:
  13. THE BOARD MAY AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR  BOARD
OF COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME CENTRAL ADMINIS-
TRATIVE  SERVICES  AND  PROVIDE THE SAME CENTRAL ADMINISTRATIVE SERVICES
THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE.
  S 6. Section 1903 of the education law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  THE  BOARD MAY AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME CENTRAL ADMINIS-
TRATIVE SERVICES AND PROVIDE THE SAME  CENTRAL  ADMINISTRATIVE  SERVICES
THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE.
  S 7. 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]  ANY  DISTRICT,  and  with  the approval of the commissioner,
provide any of the following services on a cooperative basis:    CENTRAL
ADMINISTRATION,  school nurse teacher, attendance supervisor, supervisor
of teachers, dental hygienist, psychologist,  teachers  of  art,  music,
physical  education,  career  education subjects, guidance [counsellors]
COUNSELORS, 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; main-
tenance  and operation of cafeteria or restaurant service for the use of
pupils and teachers while at school, and  such  other  services  as  the
commissioner  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 8. This act shall take effect immediately.