S T A T E O F N E W Y O R K
________________________________________________________________________
7196
2013-2014 Regular Sessions
I N A S S E M B L Y
May 7, 2013
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Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring the appoint-
ment of a school business official for each school district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1604 of the education law is amended by adding a
new subdivision 43 to read as follows:
43. THE TRUSTEES OF A COMMON SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A
BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY
THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE.
WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL
DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
CIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL
BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
S 2. The education law is amended by adding a new section 1711-a to
read as follows:
S 1711-A. BUSINESS OFFICIAL; UNION FREE SCHOOL DISTRICT. THE BOARD OF
EDUCATION OF ANY UNION FREE SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A
BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY
THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE.
WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL
DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
CIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL
BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
S 3. Section 1804 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. THE BOARD OF EDUCATION OF ANY CENTRAL SCHOOL DISTRICT SHALL EMPLOY
AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS
REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS
APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10639-01-3
A. 7196 2
THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH
BUSINESS OFFICIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND
MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
S 4. Section 1903 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. THE BOARD OF EDUCATION OF A CENTRAL HIGH SCHOOL DISTRICT SHALL
EMPLOY AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIF-
ICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE
AGENCY, AS APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF
EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTEN-
DENT, EACH BUSINESS OFFICIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL
DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
S 5. Subdivision 5 of section 2503 of the education law, as amended by
section 9 of subpart F of part C of chapter 97 of the laws of 2011, is
amended to read as follows:
5. Shall create, abolish, maintain and consolidate such positions,
divisions, boards or bureaus as, in its judgment, may be necessary for
the proper and efficient administration of its work; shall appoint prop-
erly qualified persons to fill such positions, including a superinten-
dent of schools, such associate, assistant and other superintendents,
directors, supervisors, principals, teachers, lecturers, special
instructors, medical inspectors, nurses, claims auditors, deputy claims
auditors, attendance officers, secretaries, clerks, custodians, janitors
and other employees and other persons or experts in educational, social
or recreational work or in the business management or direction of its
affairs as said board shall determine necessary for the efficient
management of the schools and other educational, social, recreational
and business activities; and shall determine their duties except as
otherwise provided herein. THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS
OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE
DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITH-
IN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL
DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
CIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL
BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
S 6. Subdivision 2 of section 2554 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
2. To create, abolish, maintain and consolidate such positions, divi-
sions, boards or bureaus as, in its judgment, may be necessary for the
proper and efficient administration of its work; to appoint a super-
intendent of schools, such associate, assistant, district and other
superintendents, examiners, directors, supervisors, principals, teach-
ers, lecturers, special instructors, medical inspectors, nurses, audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other employees and other persons or experts in educational, social or
recreational work or in the business management or direction of its
affairs as said board shall determine necessary for the efficient
management of the schools and other educational, social, recreational
and business activities; provided, however, that in the city school
districts of the cities of Buffalo, Rochester, and Syracuse appointment
of associate, assistant and district superintendents, and other super-
vising staff who are excluded from the right to bargain collectively
pursuant to article fourteen of the civil service law shall, within the
amounts budgeted for such positions, be by the superintendent of such
city school district; and to determine their duties except as otherwise
provided herein. THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL
A. 7196 3
HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT, OR
THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY
GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOP-
ERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFICIAL SHALL FULFILL
ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR
THE SCHOOL DISTRICT.
S 7. Subdivision 1 of section 1981 of the education law, as added by
chapter 785 of the laws of 1992, is amended to read as follows:
1. Notwithstanding any other provision of law, school authorities of
any school district may arrange to share the services of a superinten-
dent, associate superintendent, assistant superintendent, BUSINESS OFFI-
CIAL OR LIKE EMPLOYEE WHO FULFILLS ALL BUSINESS AND FINANCIAL DUTIES FOR
THE SCHOOL DISTRICT AND MANAGES ALL BUSINESS AFFAIRS FOR THE SCHOOL
DISTRICT, or any other employee with districtwide administrative or
supervisory responsibilities with one or more other school districts.
S 8. This act shall take effect one year after it shall have become a
law.