NY State Senate Bill 2013-S5567A

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2014	print number 5567a
May 06, 2014	amend (t) and recommit to education
Jan 08, 2014	referred to education
May 21, 2013	referred to education

Bill Amendments

Original

A (Active)

2013-S5567 - Details

See Assembly Version of this Bill:: A7150
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§282, 1950 & 3202, Ed L

2013-S5567 - Summary

Recognizes boards of cooperative educational services as regional leaders and expands the provision of services by boards of cooperative educational services; authorizes school library systems to serve charter school libraries; expands the authority of boards of cooperative educational services to provide services to charter schools; authorizes boards of cooperative educational services to enter into contracts with library systems for high-speed telecommunication services

2013-S5567 - Sponsor Memo

                                BILL NUMBER:S5567

TITLE OF BILL:  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 cooperative 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 obligations 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

Purpose of the Bill:  The proposed legislation expands the scope of
services provided 'by boards of cooperative educational services
(BOCES) to include the processing of fingerprints for prospective
employees of nonpublic schools and charters schools, it authorizes
school library systems to serve charter school libraries, expands the
authority of BOCES to provide services to charter schools, authorizes

BOCES to enter into contracts with public libraries and public library
systems for high-speed telecommunications services, and allows BOCES
to enter into certain contracts with public library systems, public
libraries and State agencies that have schools maintained for children
in facilities operated or supervised by such agencies, including the
Office of Mental Health ("OMH)". It also authorizes the Office of
Mental Health ("OMH") to meet its obligations for educational services
for children ages 5 through 21 years of age who do not hold a high
school diploma and who are in hospitals operated by the OMH by
contracting with the board of cooperative educational services to
provide such educational services to these children. It also provides
school districts with flexibility in carrying out their auditing
function. Overall, this bill and the Department's regional high school
bill (SED No. 4) will allow BOCES to continue to serve as regional
leaders by providing shared services to allow for the effective and
efficient delivery of educational services in New York State. These
alternative models of service delivery will be more efficient and
cost-effective, which will, in turn, result in cost savings to
districts. It is anticipated that these costs savings will be applied
toward student programs and services, which will help enhance the
educational opportunities for students in the State.

Summary of the Provisions of the Bill:

Section 1 makes legislative findings relating to the role of the BOCES
as educational leaders in the various regions of the State.

Section 2 would amend Education Law § 282 to authorize the inclusion
of charter school libraries to school library systems authorized to be
established pursuant to such section of law.


Section 3 would add a new subparagraph 11 to Education Law
1950(4)(h) to authorize a BOCES to enter into contracts with charter
schools located within the area in which BOCES serves to provide such
charter schools with any service the BOCES would provide to its
respective school districts. Such services would be provided to
charter schools at cost. The Commissioner of Education would be
required to approve the proposed contracts, subject to a determination
as to whether such contracts would disrupt the level of services
provided to component school districts and whether such contracts
would benefit the charter schools and their students.

Section 4 would amend subparagraph 2 of paragraph h of Education Law

§ 1950(4)(h) to authorize BOCES to enter into contracts with
individual public libraries or public library systems for the purpose
of providing high-speed telecommunication services including
high-speed internet.

Section 5 of the bill would amend subparagraph 9 of Education Law
1950(4)(h) to authorize the Commissioner of the OMH to enter into
contracts with BOCES to provide educational services to patients
hospitalized in hospitals operated by the OMH who are between the ages
of 5 and 21 and do not hold a high school diploma; provided however
that educational services for such students shall be limited to the
provision of special education and related services unless the
Commissioner of the 01141-1 determines that reasonable efforts were
made to contract with a school district for the provision of regular
educational services but an agreement could not be reached. Prior to
entering into any such contract, and annually thereafter, the BOCES
shall submit to the Commissioner of Education, the OMH Commissioner
and the Division of the Budget a proposed operating plan and proposed
budget based upon the request for services. The operating plan must be
approved by the Commissioner and any services provided pursuant to
such contract must be provided at cost and the BOCES shall not be
authorized to charge any costs to its component school districts.
Provided, however, that services provided by BOCES to component
districts shall not be reduced or eliminated.

Section 6 of the bill would add a new subparagraph 12 to Education Law
§ 1950(4)(h), to authorize BOCES to enter into contracts with State
agencies, other than State agencies to which subparagraphs 8 or 9
apply, that have schools maintained for children in facilities
operated or supervised by such agencies and are responsible for the
education of such children that provide such children with any
instructional services provided by BOCES, including, but not limited
to, special education and related services. The Commissioner of
Education would be required to approve such contracts. Services
provided pursuant to these contracts would be provided to the agencies
at cost, and BOCES would not be authorized to charge any costs
incurred in providing such services to its component school districts.

Section 7 of the bill would add a new subparagraph 13 to Education Law
§ 1950(4)(h) to authorize BOCES to enter into contracts with school
districts for the purpose of providing treasurer and purchasing agent
services to such school districts.


Section 8 of the bill would add a new paragraph (oo) to Education Law
§ 1950(4) to authorize BOCES to process fingerprints to be utilized in
criminal history background checks for prospective employees of
nonpublic elementary and secondary schools and charter schools
pursuant to Education Law § 305, and to contract with such schools for
such purposes, and to fingerprint and criminal background check
applicants for teacher certification, pursuant to Education Law
3035, and applicants to establish a charter school pursuant to
Education Law § 2852(4) . Such processing services would be provided
at cost, and BOCES would be prohibited from charging for any
additional costs incurred in providing such services to its component
school districts.

Section 9 of the bill would authorize the Commissioner of the OMH to
meet his or her obligations under Mental Hygiene Law § 33.11 and
Education Law § 112 by contracting with a BOCES to provide educational
services for children between the ages of 5 and 21 who do not hold a
high school diploma and who are hospitalized in hospitals operated by
the OMH for the provisions of the educational services to such
children, including but not limited to special education and related
services to children with disabilities in accordance with the
individualized education programs. This section also eliminates the
requirement that the Department reimburse the school district or BOCES
providing services for the full cost of services provided under this
contract. Instead, the Commissioner of the OMH, with the approval of
the Director of the Division of the Budget, shall be authorized to
establish the terms of the contract, including the agreed upon charge
for the services to be provided, consistent with Education Law
1950(4) (h) (9).

Section 10 is the effective date.

Statement in Support of the Bill:  BOCES help increase the effective
and efficient delivery of educational services in New York State by
providing shared services to school districts outside of the Big Five
large city school districts. BOCES are increasingly being asked to
serve as regional leaders as well as regional service providers. This
bill would expand the authority of BOCES to provide a broader range of
services to entities other than component school districts, including
charter schools and state agencies that operate schools, consistent
with the growing role of BOCES as regional service providers.

The bill would expand BOCES authority to assist charter schools. The
bill would authorize BOCES to provide to charter schools any of the
services it provides to school districts, including special education
and related services, rather than just the career education and data
processing services BOCES are authorized to provide under current law.
It would permit charter school libraries to participate in school
library systems, which are administered by BOCES. It would also
explicitly authorize BOCES to provide fingerprinting services to
charter schools for use in conducting criminal history record checks
of their prospective employees and to provide fingerprinting services
to applicants for a charter as a charter school.

The bill would expand BOCES authority to provide instructional
services, including special education and related services to the
Office for People with Developmental Disabilities and other state


agencies that operate schools. In addition, the bill would authorize
the Commissioner of the OMH to meet his or her obligations under
Mental Hygiene Law § 33.11 and Education Law § 112 by contracting with
a BOCES to provide educational services for children between the ages
of 5 and 21 who do not hold a high school diploma and who are
hospitalized in hospitals operated by the OMH, which is responsible
for providing educational services to such children.

The bill would permit libraries to access already established
telecommunication services and to share the costs of maintaining such
a system at a reduced cost for all parties. Many BOCES have invested
significant sums of money in developing their own telecommnnications
networks including high-speed Internet service public libraries,
throughout the State have a similar need to access telecommunication
services including high speed Internet services, but have not been
able to invest the money needed to create their own systems. This
measure would permit greater access to such telecommunications
networks.

The bill would also authorize BOCES to provide fingerprinting services
to individuals seeking teaching certificates, including but not
limited to students in teacher education programs.

The provisions of the bill that would expand the authority of BOCES to
serve various individuals and entities other than school districts and
authorizes each BOCES to provide such services at cost. Such
individuals and entities would purchase such services from the BOCES,
and there would be no cost to component school districts and no BOCES
aid generated by such services.

Budgetary Implications of the Bill:  This bill would result in overall
cost savings to school districts and other educational entities by
streamlining the provision of services to students by and through
shared resources and services. The amount of such savings is not
known, though it is expected to be substantial if this bill is enacted
in entirety.

Prior Legislative History: This is a new bill.

Effective Date:  This act would take effect July 1, 2013, provided,
however, that if this act shall become a law after such date, and
shall be deemed to have been in full force and effect on and after
July 1, 2013.

2013-S5567 - Bill Text download pdf

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

                                  5567

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 21, 2013
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-01-3

S. 5567                             2

districts in fully implementing a statewide longitudinal data system and
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,

S. 5567                             3

institution of higher education, PUBLIC LIBRARY, PUBLIC  LIBRARY  SYSTEM
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

S. 5567                             4

RELATED SERVICES. ANY SUCH PROPOSED CONTRACT SHALL  BE  SUBJECT  TO  THE
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

S. 5567                             5

reimburse   school  districts  and  boards  of  cooperative  educational
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.

2013-S5567A (ACTIVE) - Details

See Assembly Version of this Bill:: A7150
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§282, 1950 & 3202, Ed L

2013-S5567A (ACTIVE) - Summary

2013-S5567A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5567A

TITLE OF BILL:  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 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 obligations for certain children by
contracting for such services with the board of cooperative
educational services and providing school districts with flexibility
in carrying out their claims auditing function

Purpose of the Bill:

The proposed legislation expands the scope of services provided by
boards of cooperative educational services (BOCES) to authorize school
library systems to serve charter school libraries, expand the
authority of BOCES to provide services to charter schools and allow
BOCES to enter into certain contracts with State agencies that have
schools maintained for children in facilities operated or supervised
by such agencies, including the Office of Mental Health ("OMH)". It
also authorizes the Office of Mental Health ("OMH") to meet its

obligations for educational services for children ages 5 through 21
years of age who do not hold a high school diploma and who are in
hospitals operated by the OMH by contracting with the board of
cooperative educational services to provide such educational services
to these children. It also provides school districts with flexibility
in carrying out their auditing function. Overall, this bill and the
Department's regional high school bill (SED No. 4) will allow BOCES to
continue to serve as regional leaders by providing shared services to
allow for the effective and efficient delivery of educational services
in New York State. These alternative models of service delivery will
be more efficient and cost- effective, which will, in turn, result in
cost savings to districts.  It is anticipated that these costs savings
will be applied toward student programs and services, which will help
enhance the educational opportunities for students in the State.

Summary of the Provisions of the Bill:

Section 1 makes legislative findings relating to the role of the BOCES
as educational leaders in the various regions of the State.

Section 2 would amend Education Law § 282 to authorize the inclusion
of charter school libraries to school library systems authorized to be
established pursuant to such section of law.

Section 3 would add a new subparagraph 12 to Education Law
1950(4)(h) to authorize a BOCES to enter into contracts with charter
schools located within the area in which BOCES serves to provide such
charter schools with any service the BOCES would provide to its
respective school districts. Such services would be provided to
charter schools at cost. The Commissioner of Education would be
required to approve the proposed contracts, subject to a determination


as to whether such contracts would disrupt the level of services
provided to component school districts and whether such contracts
would benefit the charter schools and their students.

Section 4 of the bill would amend subparagraph 9 of Education Law
1950(4)(h) to authorize the Commissioner of the OMH to enter into
contracts with BOCES to provide educational services to patients
hospitalized in hospitals operated by the OMH who are between the ages
of 5 and 21 and do not hold a high school diploma; provided however
that educational services for such students shall be limited to the
provision of special education and related services unless the
Commissioner of the OMH determines that reasonable efforts were made
to contract with a school district for the provision of regular
educational services but an agreement could not be reached. Prior to
entering into any such contract, and annually thereafter, the BOCES
shall submit to the Commissioner of Education, the OMH Commissioner
and the Division of the Budget a proposed operating plan and proposed
budget based upon the request for services. The operating plan must be
approved by the Commissioner and any services provided pursuant to
such contract must be provided at cost and the BOCES shall not be
authorized to charge any costs to its component school districts.
Provided, however, that services provided by BOCES to component
districts shall not be reduced or eliminated.

Section 5 of the bill would add a new subparagraph 13 to Education Law
§ 1950(4)(h), to authorize BOCES to enter into contracts with State
agencies, other than State agencies to which subparagraphs 8 or 9
apply, that have schools maintained for children in facilities
operated or supervised by such agencies and are responsible for the
education of such children that provide such children with any
instructional services provided by BOCES, including, but not limited
to, special education and related services. The Commissioner of
Education would be required to approve such contracts. Services
provided pursuant to these contracts would be provided to the agencies
at cost, and BOCES would not be authorized to charge any costs
incurred in providing such services to its component school districts.

Section 6 of the bill would add a new subparagraph 14 to Education Law
§ 1950(4)(h) to authorize BOCES to enter into contracts with school
districts for the purpose of providing treasurer and purchasing agent
services to such school districts.

Section 7 of the bill would authorize the Commissioner of the OMH to
meet his or her obligations under Mental Hygiene Law § 33.11 and
Education Law § 112 by contracting with a BOCES to provide educational
services for children between the ages of 5 and 21 who do not hold a
high school diploma and who are hospitalized in hospitals operated by
the OMH for the provisions of the educational services to such
children, including but not limited to special education and related
services to children with disabilities in accordance with the
individualized education programs. This section also eliminates the
requirement that the Department reimburse the school district or BOCES
providing services for the full cost of services provided under this
contract. Instead, the Commissioner of the OMH, with the approval of
the Director of the Division of the Budget, shall be authorized to
establish the terms of the contract, including the agreed upon charge


for the services to be provided, consistent with Education Law
1950(4) (h) (9).

Section 8 is the effective date.

Statement in Support of the Bill:

BOCES help increase the effective and efficient delivery of
educational services in New York State by providing shared services to
school districts outside of the Big Five large city school districts.
BOCES are increasingly being asked to serve as regional leaders as
well as regional service providers. This bill would expand the
authority of BOCES to provide a broader range of services to entities
other than component school districts, including charter schools and
state agencies that operate schools, consistent with the growing role
of BOCES as regional service providers.

The bill would expand BOCES authority to assist charter schools. The
bill would authorize BOCES to provide to charter schools any of the
services it provides to school districts, including special education
and related services, rather than just the career education and data
processing services BOCES are authorized to provide under current law.
It would permit charter school libraries to participate in school
library systems, which are administered by BOCES. It would also
explicitly authorize BOCES to provide fingerprinting services to
charter schools for use in conducting criminal history record checks
of their prospective employees and to provide fingerprinting services
to applicants for a charter as a charter school.

The bill would expand BOCES authority to provide instructional
services, including special education and related services to the
Office for People with Developmental Disabilities and other state
agencies that operate schools. In addition, the bill would authorize
the Commissioner of the OMH to meet his or her obligations under
Mental Hygiene Law § 33.11 and Education Law § 112 by contracting with
a BOCES to provide educational services for children between the ages
of 5 and 21 who do not hold a high school diploma and who are
hospitalized in hospitals operated by the OMH, which is responsible
for providing educational services to such children.

The provisions of the bill that would expand the authority of BOCES to
serve various individuals and entities other than school districts and
authorizes each BOCES to provide such services at cost. Such
individuals and entities would purchase such services from the BOCES,
and there would be no cost to component school districts and no BOCES
aid generated by such services.

Budgetary Implications of the Bill:

This bill would result in overall cost savings to school districts and
other educational entities by streamlining the provision of services
to students by and through shared resources and services. The amount
of such savings is not known, though it is expected to be substantial
if this bill is enacted in entirety.

Prior Legislative History:


Portions of this bill were submitted as SED Proposal No. 6 for 2013.
SED Proposal No. 6 was introduced in the Senate as S.5567 and was
referred to the Education Committee. It was also introduced in the
Assembly as A.1150 and was referred to the Education Committee. No
further action was taken.

Effective Date:

This act would take effect July 1, 2014, provided, however, that if
this act shall become a law after such date, and shall be deemed to
have been in full force and effect on and after July 1, 2014.

2013-S5567A (ACTIVE) - Bill Text download pdf

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

                                 5567--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 21, 2013
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed  to the Committee on Education -- recommitted to the Commit-
  tee on Education in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 state agencies
  for  the administration of certain instructional services, authorizing
  the office of mental health to meet its  educational  obligations  for
  certain  children  by  contracting for such services with the board of
  cooperative educational services and providing school  districts  with
  flexibility in carrying out their claims auditing function

  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.
                                                           LBD10142-02-4

S. 5567--A                          2

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 12 to read as follows:
  (12)  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 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

S. 5567--A                          3

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 5. 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 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
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 6. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 14 to read as follows:
  (14)  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. 5567--A                          4

  S 7. 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
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 8. This act shall take effect July 1,  2014,  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, 2014, provided further that the amendments to subparagraph
9 of paragraph h of subdivision 4 of section 1950 of the  education  law
made  by  section  four  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
seven of this act shall not affect the repeal of  such  subdivision  and
shall be deemed repealed therewith.

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Education Committee

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