S T A T E O F N E W Y O R K
________________________________________________________________________
7150
2013-2014 Regular Sessions
I N A S S E M B L Y
May 2, 2013
___________
Introduced by M. of A. NOLAN -- (at request of the State Education
Department) -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to recognizing boards of
cooperative educational services as regional leaders and to expand the
provision of services by boards of cooperative educational services,
authorizing school library systems to serve charter school libraries,
expanding the authority of boards of cooperative educational services
to provide services to charter schools, authorizing boards of cooper-
ative educational services to enter into contracts with library
systems for high-speed telecommunications services, authorizing boards
of cooperative educational services to enter into contracts with state
agencies for the administration of certain instructional services,
authorizing the office of mental health to meet its educational obli-
gations for certain children by contracting for such services with the
board of cooperative educational services, providing school districts
with flexibility in carrying out their claims auditing function and
expanding the authority of boards of cooperative educational services
to process fingerprints
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds and declares
that boards of cooperative educational services serve a critical func-
tion as regional leaders essential in supporting the State's commitment
to implementing the reforms in the State's Race to the Top Application
and in assisting the State in carrying out the State's educational poli-
cies, including but not limited to the reform agenda of the board of
regents. The role of the board of cooperative educational services is
essential to the State's effective implementation of a common set of
K-12 standards that are built on college and career readiness; develop-
ing and implementing common, high-quality assessments; assisting
districts in fully implementing a statewide longitudinal data system and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10142-01-3
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improving teacher and principal effectiveness using a rigorous State-
wide evaluation system and ensuring accountability.
S 2. Section 282 of the education law, as added by chapter 348 of the
laws of 1984, is amended to read as follows:
S 282. Establishment of school library systems. The commissioner is
authorized to approve the establishment of school library systems, each
system to be composed of school districts which are located within a
board of cooperative educational services area, or a school district
serving a city with a population of one hundred twenty-five thousand or
more, or combinations thereof. The systems may include non-public school
libraries as defined in regulations to be promulgated by the commission-
er AND CHARTER SCHOOL LIBRARIES. Upon establishment, such school
library systems shall be governed by either their respective boards of
cooperative educational services, by boards of education in school
districts serving cities with populations of one hundred twenty-five
thousand or more, or by a governing body established under the plan to
be submitted to the commissioner in cases of systems serving a combina-
tion of areas.
S 3. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 11 to read as follows:
(11) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS LOCATED WITHIN THE
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PROVIDE
SUCH CHARTER SCHOOLS, AT COST, WITH ANY SERVICES THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES PROVIDES TO SCHOOL DISTRICTS. CONTRACTS MUST
BE EXECUTED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE
BOARD OF TRUSTEES OF SUCH CHARTER SCHOOLS AND SHALL ONLY AUTHORIZE CHAR-
TER SCHOOL STUDENTS TO PARTICIPATE IN AN INSTRUCTIONAL PROGRAM IF SUCH
SERVICES ARE AVAILABLE TO ALL ELIGIBLE STUDENTS IN THE COMPONENT
DISTRICTS. TO BE APPROVED BY THE COMMISSIONER, THE CONTRACT, INCLUDING
ANY BUSINESS PLAN, SHALL DEMONSTRATE THAT ANY SERVICES PROVIDED TO CHAR-
TER SCHOOLS PURSUANT TO THIS SUBPARAGRAPH SHALL NOT RESULT IN ANY ADDI-
TIONAL 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 COOPERATIVE 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 CHARTER SCHOOLS PURSUANT TO THIS PARAGRAPH.
S 4. Subparagraph 2 of paragraph h of subdivision 4 of section 1950 of
the education law, as amended by chapter 422 of the laws of 2012, is
amended to read as follows:
(2) To enter into contracts with the United States of America, the
State of New York, any school district, community college, public insti-
tution of higher education, independent institution of higher education
eligible for aid under section sixty-four hundred one of this chapter,
public libraries, or public agency in relation to the program of the
board of cooperative educational services, AND PUBLIC LIBRARIES OR
PUBLIC LIBRARY SYSTEMS TO PROVIDE TELECOMMUNICATIONS SERVICES TO SUCH
PUBLIC LIBRARIES OR SYSTEMS, INCLUDING, BUT NOT LIMITED TO, HIGH-SPEED
INTERNET SERVICES, and any such school district, community college,
institution of higher education, PUBLIC LIBRARY, PUBLIC LIBRARY SYSTEM
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or public agency is hereby authorized and empowered to do and perform
any and all acts necessary or convenient in relation to the performance
of any such contracts.
S 5. Subparagraph 9 of paragraph h of subdivision 4 of section 1950 of
the education law, as added by section 1 of part M of chapter 56 of the
laws of 2012, is amended to read as follows:
(9) To enter into contracts with the commissioner of the office of
mental health, to provide [special education and related services]
EDUCATIONAL SERVICES, in accordance with subdivision six-b of section
thirty-two hundred two of this chapter to patients hospitalized in
hospitals operated by the office of mental health who are between the
ages of five and twenty-one who have not received a high school diploma;
PROVIDED HOWEVER THAT EDUCATIONAL SERVICES FOR SUCH STUDENTS SHALL BE
LIMITED TO THE PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES FOR
STUDENTS WITH DISABILITIES UNLESS THE COMMISSIONER OF THE OFFICE OF
MENTAL HEALTH DETERMINES THAT REASONABLE EFFORTS WERE MADE TO CONTRACT
WITH A SCHOOL DISTRICT FOR THE PROVISION OF REGULAR EDUCATIONAL SERVICES
PURSUANT TO SUBDIVISION SIX-B OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER BUT AN AGREEMENT COULD NOT BE REACHED. [Any such proposed
contract shall be subject to the review by the commissioner and his and
her determination that it is an approved cooperative educational
service. Services]
(I) PRIOR TO ENTERING ANY SUCH CONTRACT, AND ANNUALLY THEREAFTER, THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT TO THE COMMIS-
SIONER, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND THE DIVI-
SION OF THE BUDGET A PROPOSED OPERATING PLAN AND PROPOSED BUDGET BASED
UPON THE REQUEST FOR SERVICES RECEIVED FROM THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH.
(II) THE EDUCATIONAL SERVICES THAT ARE CONTAINED IN SUCH OPERATING
PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER UPON A DETER-
MINATION THAT SUCH SERVICES ARE NECESSARY TO SATISFY THE OBLIGATIONS
PURSUANT TO SECTION 33.11 OF THE MENTAL HYGIENE LAW OR SECTION ONE
HUNDRED TWELVE OF THIS TITLE.
(III) THE PROPOSED BUDGET ACCOMPANYING AN OPERATING PLAN APPROVED BY
THE COMMISSIONER SHALL CONFORM TO THE REQUIREMENT THAT ANY SERVICES
provided pursuant to [such contracts] A CONTRACT AUTHORIZED BY THIS
SUBPARAGRAPH shall be provided at cost and [approved by the commissioner
of the office of mental health and the director of the division of the
budget, and] the board of cooperative educational services shall not be
authorized to charge any costs incurred in providing such services to
its component school districts.
(IV) SERVICES PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
TO COMPONENT DISTRICTS AT THE TIME OF APPROVAL OF A CONTRACT UNDER THIS
SUBPARAGRAPH SHALL NOT BE REDUCED OR ELIMINATED SOLELY DUE TO A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES' PERFORMANCE OF SERVICES PURSUANT TO
THIS SUBPARAGRAPH.
S 6. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 12 to read as follows:
(12) TO ENTER INTO CONTRACTS WITH STATE AGENCIES THAT HAVE SCHOOLS
MAINTAINED FOR CHILDREN IN FACILITIES OPERATED OR SUPERVISED BY SUCH
AGENCIES AND ARE RESPONSIBLE FOR THE EDUCATION OF SUCH CHILDREN, OTHER
THAN THE STATE AGENCIES TO WHICH SUBPARAGRAPH EIGHT OR NINE OF THIS
PARAGRAPH APPLY, TO PROVIDE SUCH CHILDREN WITH ANY INSTRUCTIONAL
SERVICES PROVIDED BY THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO
SCHOOL DISTRICTS, INCLUDING, BUT NOT LIMITED TO, SPECIAL EDUCATION AND
RELATED SERVICES. ANY SUCH PROPOSED CONTRACT SHALL BE SUBJECT TO THE
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REVIEW AND APPROVAL OF THE COMMISSIONER. SERVICES PROVIDED PURSUANT TO
SUCH CONTRACTS SHALL BE PROVIDED AT COST TO SUCH STATE AGENCIES AND THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT BE AUTHORIZED TO
CHARGE ANY COSTS INCURRED IN PROVIDING SUCH SERVICES TO ITS COMPONENT
SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH
STATE AGENCIES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL ACTS
NECESSARY OR CONVENIENT IN RELATION TO THE PERFORMANCE OF SUCH
CONTRACTS.
S 7. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 13 to read as follows:
(13) TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR THE PURPOSE OF
PROVIDING TREASURER AND PURCHASING AGENT SERVICES TO SUCH SCHOOL
DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH STATE
SCHOOLS ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL ACTS NECES-
SARY OR CONVENIENT IN RELATION TO THE PROVISION OF SUCH SERVICES.
S 8. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
OO. TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD
CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY AND SECONDARY
SCHOOLS AND CHARTER SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER AND TO ENTER CONTRACTS WITH SUCH
SCHOOLS FOR SUCH PURPOSE, AND TO PROCESS FINGERPRINTS FOR CRIMINAL
HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE
OF THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLI-
CANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. SUCH PROCESSING
SERVICES SHALL BE PROVIDED AT COST AND THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN
PROVIDING SUCH SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES IS HEREBY AUTHORIZED TO DO AND PERFORM
ANY AND ALL ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF
SUCH SERVICES.
S 9. Subdivision 6-b of section 3202 of the education law, as added by
section 2 of part M of chapter 56 of the laws of 2012, is amended to
read as follows:
6-b. The commissioner of mental health may meet his or her obligations
under section 33.11 of the mental hygiene law AND SECTION ONE HUNDRED
TWELVE OF THIS CHAPTER by contracting pursuant to this subdivision for
educational services for children between the ages of five and twenty-
one who do not hold a high school diploma and who are hospitalized in
hospitals operated by the office of mental health with the trustees or
board of education of any school district for educational services or
with a board of cooperative educational services for the provision of
EDUCATIONAL SERVICES TO SUCH CHILDREN, INCLUDING BUT NOT LIMITED TO,
special education and related services to [such] children WITH DISABILI-
TIES in accordance with their individualized education programs.
(1) The costs of such education shall not be a charge upon a school
district pursuant to section 33.11 of the mental hygiene law.
[(1) The education department shall reimburse the school district or
board of cooperative educational services providing educational services
pursuant to this subdivision for the full cost of all services pursuant
to the terms of such contract.]
(2) The commissioner of mental health, with the approval of the direc-
tor of the division of the budget, shall be authorized to [transfer
funding to the commissioner of education to the extent necessary to
reimburse school districts and boards of cooperative educational
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services for services and educational programming provided under such
contracts] ESTABLISH THE TERMS OF THE CONTRACT, INCLUDING THE AGREED
UPON CHARGE FOR THE SERVICES TO BE PROVIDED, WHICH SHALL CONFORM TO THE
REQUIREMENTS CONTAINED WITHIN SUBPARAGRAPH NINE OF PARAGRAPH H OF SUBDI-
VISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER.
(3) Notwithstanding any provision of law to the contrary, nothing in
this subdivision or subparagraph nine of paragraph h of subdivision four
of section nineteen hundred fifty of this chapter shall be construed as
requiring participation by any local school district or board of cooper-
ative educational services.
S 10. This act shall take effect July 1, 2013, provided however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2013, provided further that the amendments to subparagraph
9 of paragraph h of subdivision 4 of section 1950 of the education law
made by section five of this act shall not affect the repeal of such
subparagraph and shall be deemed repealed therewith, and the amendments
to subdivision 6-b of section 3202 of the education law made by section
nine of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith.