senate Bill S5135

2013-2014 Legislative Session

Relates to budgets of boards of cooperative educational services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
May 10, 2013 referred to education

S5135 - Bill Details

See Assembly Version of this Bill:
A5994
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยงยง1950 & 1951, Ed L

S5135 - Bill Texts

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Relates to budgets of boards of cooperative educational services.

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BILL NUMBER:S5135

TITLE OF BILL: An act to amend the education law, in relation to
budgets of boards of cooperative educational services

PURPOSE OR GENERAL IDEA OF BILL:

This bill amends Sections 1950 and 1951 of the Education Law to allow
the Commissioner of the New York State Education Department to
promulgate rules and regulations that would authorize BOCES to operate
a multi-year budget for program, capital and/or administrative
expenditures provided the Commissioner determines this would result in
greater efficiencies to the component district(s)

JUSTIFICATION:

BOCES were created by the Legislature in 1948 "for the purpose of
carrying out a program of shared educational services in the schools
for the supervisory district..." Since their creation, BOCES have
served as an important vehicle for helping school districts operate in
an effective and efficient manner. As districts around the State face
significant fiscal and educational constraints, it is imperative that
BOCES be given greater authority to help the many component districts
they serve while reducing or eliminating the impediments that make
this goal difficult.

Currently BOCES can only operate based on an annual budget which can
create uncertainty and inefficiencies. This bill would allow BOCES,
based on the approval of the Commissioner, to implement a multi-year
budget when this would result in greater efficiencies for the
component district. Because districts can decide if a multi-year
budgeting process is in their best interest, this expanded authority
maintains the district discretion that has been and would continue to
be the cornerstone of the BOCES operating structure.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

This bill would be fiscally neutral.

EFFECTIVE DATE:

This bill would take effect on the next July following enactment.

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

                                  5135

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

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 budgets of  boards  of
  cooperative educational services

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

  Section 1. Subparagraph 1 of paragraph b of subdivision 4  of  section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, is amended to read as follows:
  (1) Prepare, prior to the annual meeting of members of the  boards  of
education  and  school trustees, held as provided in paragraph o of this
subdivision, a tentative budget of expenditures for the program costs, a
tentative budget for capital costs,  and  a  tentative  budget  for  the
administration  costs  of the board of cooperative educational services.
EXCEPT AS PROVIDED IN PARAGRAPH  C-1  OF  THIS  SUBDIVISION,  [Such]SUCH
budgets  shall include the proposed budget for the upcoming school year,
the previous school year's actual costs and the  current  school  year's
projected  costs  for  each object of expenditure. Such program, capital
and administrative budgets shall be separately delineated in  accordance
with  the  definition of program, capital and administrative costs which
shall be promulgated by the commissioner after consultation with  school
district  officials  and  the  director  of the budget. Personal service
costs for each budget shall include the number of  full-time  equivalent
positions  funded  and  total salary and, except as noted herein, fringe
benefit costs for such positions by program. Each program  budget  shall
also  include  the  local  and statewide unit costs of such programs and
services proposed for the upcoming school year, such actual  unit  costs
for  the  previous  school year, and the current school year's projected
unit costs, all established in  accordance  with  paragraph  d  of  this
subdivision.  The capital budget shall include facility construction and
lease expenditures authorized pursuant to paragraphs p, t and u of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09644-01-3

S. 5135                             2

subdivision, payments for the repayment of indebtedness related to capi-
tal  projects,  payments  for the acquisition or construction of facili-
ties, sites or additions, provided that  such  budget  shall  contain  a
rental,  operations  and maintenance section that will include base rent
costs, total rent costs, operations and maintenance  charges,  cost  per
square  foot for each facility rented or leased by such board of cooper-
ative educational services, and any and all expenditures associated with
custodial salaries and benefits, service contracts, supplies, utilities,
maintenance and repairs for such facilities, and that such budget  shall
include  the  annual  debt  service  and  total  debt for all facilities
financed by bonds or notes of the component districts, annual rental and
lease payments and total rental and lease costs for all facilities rent-
ed by such board; such capital budget shall  also  include  expenditures
resulting  from court judgments and orders from administrative bodies or
officers, and, to the extent a board's administrative  budget  has  been
adopted,  one-time costs incurred in the first year in which an employee
retires. The administrative budget shall include, but need not be limit-
ed to, office and central administrative  expenses,  traveling  expenses
and  salaries  and  benefits of supervisors and administrative personnel
necessary to carry out the central administrative duties of the supervi-
sory district, any and all expenditures associated with the  board,  the
office  of  district  superintendent,  general  administration,  central
support services, planning, and  all  other  administrative  activities.
Such administrative budget shall also specify the amount of supplementa-
ry  salary  and  benefits,  if any, which the board determines should be
paid to the district superintendent  of  schools  and  the  board  shall
append  to such budget a detailed statement of the total compensation to
be paid the district superintendent of schools by the board, including a
delineation of the salary, annualized cost of benefits and  any  in-kind
or  other  form  of  remuneration  to be paid, plus, commencing with the
presentation of the budget for the nineteen hundred  ninety-seven--nine-
ty-eight school year, a list of items of expense eligible for reimburse-
ment  on  expense accounts in the ensuing school year and a statement of
the amount of expenses paid to the district superintendent of schools in
the prior year for purposes of carrying out his or her official duties.
  S 2. Subdivision 4 of section 1950 of the education law is amended  by
adding a new paragraph c-1 to read as follows:
   C-1. THE COMMISSIONER MAY, PURSUANT TO RULES AND REGULATIONS, AUTHOR-
IZE  A  BOCES,  TO  OPERATE  ON A MULTI-YEAR BUDGET FOR PROGRAM, CAPITAL
AND/OR ADMINISTRATIVE EXPENDITURES IF IT IS DETERMINED  BY  THE  COMMIS-
SIONER  THAT  A MULTI-YEAR BUDGET WILL RESULT IN GREATER EFFICIENCIES TO
THE COMPONENT DISTRICT. SUCH MULTI-YEAR BUDGET SHALL BE DEVELOPED IN THE
SAME MANNER AS REQUIRED PURSUANT TO  SUBPARAGRAPHS  ONE,  TWO  ,  THREE,
FOUR, FIVE, SIX AND SEVEN OF PARAGRAPH B OF THIS SUBDIVISION EXCEPT THAT
IT SHALL BE DONE BASED ON A MULTI-YEAR BASIS.
  S 3. Subdivision 1 of section 1951 of the education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
  1.  The final administrative and capital budgets of the board of coop-
erative educational services as adopted INCLUDING, BUT  NOT  LIMITED  TO
MULTI-YEAR  BUDGETS  THAT  ARE  AUTHORIZED  PURSUANT TO PARAGRAPH C-1 OF
SUBDIVISION FOUR OF SECTION NINETEEN  HUNDRED  FIFTY  OF  THIS  ARTICLE,
shall  be  a charge against all of the school districts contained in the
board of cooperative educational services, provided, however,  that  any
component  school  district  which  does not elect to participate in any
specific educational service authorized to be furnished by the board  of
cooperative  educational services shall not be required to pay any share

S. 5135                             3

of the moneys provided in the program budget as salaries of teachers  or
other  personnel  employed  in providing such service, for equipment and
supplies for such service or for transportation of pupils  to  and  from
the  place where such service is maintained, provided, however, expendi-
tures for the board of cooperative educational services program, includ-
ing office and central administrative expenses, traveling  expenses  and
salaries  and  benefits of supervisors and all other central administra-
tive personnel necessary to carry out its program shall be deemed admin-
istrative expenses which shall be a charge  upon  all  component  school
districts notwithstanding the fact that such a component school district
elects  to  not participate in any specific program offered by the board
of cooperative educational  services.  Each  school  district's  propor-
tionate share of administrative and capital expenses shall be determined
in accordance with subparagraph seven of paragraph b of subdivision four
of section nineteen hundred fifty of this article. The board shall allo-
cate  the  cost  of  other  services  to  participating component school
districts in accordance with terms agreed upon between  such  board  and
the  boards  of education and trustees of each component school district
using the local uniform unit cost of each such  service,  based  on  (i)
anticipated  participation  in  the ensuing school year, or (ii) partic-
ipation in the current year, or  (iii)  a  two  or  three  year  average
including  participation  in  the current year, which unit cost shall be
the same for all participating component school districts and  shall  be
computed  in  accordance with a uniform methodology approved annually by
at least three-quarters of the participating component school  districts
after  consultation  by  local  school  officials  with their respective
boards; provided, however, such unit cost  shall  be  subject  to  final
adjustment  for  programs for students with disabilities based on actual
participation in accordance with regulations of  the  commissioner.  The
school  authorities  of each school district in the board of cooperative
educational services shall add such amount to the budget of such  school
district  and  shall  pay  such  amount to the treasurer of the board of
cooperative educational services, and shall be paid out by the treasurer
upon orders of the board issued and executed pursuant to the  resolution
of said board.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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