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.