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

                                  6955

                            I N  S E N A T E

                              April 7, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- 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  providing  for  the
  professional development to educators; and to amend chapter 396 of the
  laws  of 2012 amending the education law, relating to services to out-
  of-state  school  districts  by  boards  of  cooperative   educational
  services, in relation to extending the provisions thereof

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

  Section 1. Subparagraph 10 of paragraph h of subdivision 4 of  section
1950  of the education law, as added by chapter 396 of the laws of 2012,
is amended to read as follows:
  (10) To enter into contracts of no more  than  [two]  FIVE  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 standards AND/OR FOR PROVIDING PROFESSIONAL DEVELOP-
MENT TO EDUCATORS.  Any contract shall be approved by the  commissioner,
the  board  of  cooperative educational services and the district super-
intendent of schools, provided such services are made available  to  any
school  district  within  the supervisory district and that the require-
ments 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-
ees' time on services to out-of-state districts pursuant to this subpar-

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

                                                           LBD14218-04-4

S. 6955                             2

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. Section 4 of chapter 396 of the laws of 2012, amending the educa-
tion  law,  relating  to  services  to  out-of-state school districts by
boards of cooperative  educational  services,  is  amended  to  read  as
follows:
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed July 1, [2014] 2019.
  S 3.  Section 3 of chapter 396 of  the  laws  of  2012,  amending  the
education  law, relating to services to out-of-state school districts by
boards of cooperative  educational  services,  is  amended  to  read  as
follows:
  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
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] 2018 and a final report by no later than  December  15,
[2013]  2018,  with recommendations on whether and under what conditions

S. 6955                             3

such contracts should continue to be authorized  beyond  the  expiration
date provided herein.
  S  4.  This act shall take effect immediately, provided, however, that
the amendments to subparagraph 10 of paragraph h  of  subdivision  4  of
section  1950  of  the education law made by section one of this act and
the amendments to section 3 of chapter 396 of the laws of 2012  made  by
section three of this act shall not affect the repeal of such provisions
and shall be deemed repealed therewith.