senate Bill S5454A

2013-2014 Legislative Session

Relates to authorizing school districts in the town of Canaan in the county of Columbia to use real property located outside of its territorial limits

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Sponsored By

Archive: Last Bill Status - STRICKEN


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to local government
returned to senate
died in assembly
Jun 21, 2013 referred to education
Jun 20, 2013 delivered to assembly
passed senate
Jun 17, 2013 amended on third reading 5454b
Jun 11, 2013 ordered to third reading cal.1294
committee discharged and committed to rules
Jun 05, 2013 print number 5454a
amend and recommit to local government
May 16, 2013 referred to local government

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5454 - Bill Details

Current Committee:
Law Section:
Columbia County
Laws Affected:
Add §2-a, Chap 486 of 1964

S5454 - Bill Texts

view summary

Relates to authorizing school districts in the town of Canaan in the county of Columbia to use real property located outside of its territorial limits.

view sponsor memo
BILL NUMBER:S5454

TITLE OF BILL: An act to amend chapter 486 of the laws of 1964,
establishing and constituting as a separate union free school district
certain territory in the town of Canaan in the county of Columbia, and
providing for its government, in relation to authorizing such school
district to use real property located outside of its territorial
limits

PURPOSE:

To establish and allow the Berkshire Union Free School District,
located in the town of Canaan, to operate educational programs on the
site of any real property owned or leased by the Questar III BOCES in
the counties of Columbia. Greene and Rensselaer and to enter into any
agreements necessary to carry out such authority, for the purpose of
providing instruction to students enrolled in the Berkshire Union Free
School District.

SUMMARY OF PROVISIONS:

This bill amends chapter 486 of the laws of 1964, establishing and
constituting as a separate union free school district certain
territory in the town of Canaan in the county of Columbia, and
providing for its government, in relation to authorizing such school
district to use real property located outside of its territorial
limits.

EXISTING LAW:

In 1964, by Special Act of the New York State Legislature, Berkshire
Union Free School District was organized to provide public education
services to the youth in residence at Berkshire Farm Center in the
town of Canaan, county of Columbia. This bill is to amend that
original act to provide expansion of the Berkshire Union Free School
District to include the catchment area of Questar III BOCES serving
the counties of Columbia, Rensselaer, and Greene.

JUSTIFICATION:

In 1964, by Special Act of the New York State Legislature, Berkshire
Union Free School District was organized to provide public education
services to the youth in residence at Berkshire Farm Center in the
town of Canaan, county of Columbia. This bill is to amend that
original act to provide expansion of the Berkshire Union Free School
District to include the catchment area of Questar III BOCES serving
the counties of Columbia, Rensselaer, and Greene.

The graduation rate for CSE students in NYS is 45% and of those, less
than 5% are considered college and career ready. The statistics for
poverty and minority students are equally staggering, with percentages
hovering just over 50. Currently the Hudson CSD has a graduation rate
of 62% and is identified as having a disproportionately high
suspension rate for CSE students. The Catskill CSD has a graduation
rate just over 70%, and no longer can afford to offer their existing
Alternative Learning Program. The 38% and 30% respectively of Hudson
and Catskill students will be the typical target population for The


Bridge. The Bridge will be offered to all schools in Columbia and
Greene Counties.

In addition to serving residents of Berkshire Farm Center, the school
district provides special education services to local students bussed
to the Canaan campus by their home school. They are Day Program
students at Berkshire as an out-of-district placement. Each community
school receives high cost aid through the STAC system.

Hudson and Catskill currently have 10 students placed in Berkshire's
Day Program based on their IEP out-of-district placement. These
students are already in each district's respective special education
budgets and each district is reimbursed for those expenses. By
utilizing the existing staff that educate those special needs students
- Berkshire can create a staffing model that can include an additional
45 non-disabled at-risk youth for this creative alternative learning
program (they will be in smaller classes, receiving more focused
attention). As example - the total cost of educating all of these
students is $870,000. Because the rate is set by SED for those special
education students at approximately $43,000 a year, the balance needed
to provide this high end academic program for our most underserved
student population is $440,000 for 45 students. The building costs
will be minimal, as The Galvan Foundation of Hudson is rehabbing the
old Register Star building to house The Bridge and charging rent at $1
per square foot. To complete the collaboration, Questar III BOCES will
hold the lease on the property and has engaged the participating
districts in a Co-Service, known as a BOCES COSER, making each
district eligible for their BOCES aid for the following school year.

In addition, each district currently buses the special education Day
Program students from Hudson and Catskill respectively all the way to
Canaan. The savings from a transportation perspective will be immense,
but more importantly - currently emotionally disturbed students, who
have experienced nothing but failure in our current system is on a bus
for 50-70 minutes each way depending on their home address. By moving
these programs to a centrally located site, and by flipping the model,
bringing the education to the students, this partnership has the
potential to be a replicable model. Berkshire has already had
preliminary discussions with the Troy CSD regarding their high need,
at-risk population. By partnering with Questar III, a centrally
located building in Rensselaer County could build a new bridge.

Berkshire has achieved results, most districts have never realized.
Since 2009, Berkshire has a 100% graduation rate of its CSE students.
Berkshire has attributed its results to having a highly effective
staffing model and application of specific adult actions that are
implemented and monitored in real time through the highly touted
Professional Learning Community model. Berkshire employs
dual-certified teachers, meaning all teachers have special education
certification and certification in a core content area such as math.
By employing highly skilled teachers with dual certifications,
Berkshire can pay for skills. The district and their NYSUT local have
revolutionized the compensation model for public education and
eliminated the traditional step salary schedule - the "guaranteed
raise." By focusing resources where they are most impactful, Berkshire
has created a holistic embedded professional development model where


their teachers work in collaborative teams, creating a laser like
focus on the most critical instructional strategies.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5454

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN  ACT  to  amend  chapter  486  of  the laws of 1964, establishing and
  constituting as a separate union free school district certain territo-
  ry in the town of Canaan in the county of Columbia, and providing  for
  its government, in relation to authorizing such school district to use
  real property located outside of its territorial limits

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

  Section 1. Chapter 486 of the laws of 1964 establishing and constitut-
ing as a separate union free school district certain  territory  in  the
town  of Canaan in the county of Columbia, and providing for its govern-
ment, is amended by adding a new section 2-a to read as follows:
  S 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION
TO THE CONTRARY, SUBJECT TO THE APPROVAL OF THE NEW YORK STATE EDUCATION
DEPARTMENT, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO OPERATE EDUCA-
TIONAL  PROGRAMS ON THE SITE OF ANY REAL PROPERTY OWNED OR LEASED BY THE
QUESTAR III BOCES IN THE COUNTIES OF COLUMBIA, GREENE AND RENSSELAER AND
TO ENTER INTO ANY AGREEMENTS NECESSARY TO CARRY OUT SUCH AUTHORITY,  FOR
THE  PURPOSE  OF PROVIDING INSTRUCTION TO STUDENTS ENROLLED IN THE BERK-
SHIRE FREE SCHOOL DISTRICT BOTH DISABLED AND NON-DISABLED.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10867-01-3

S5454A - Bill Details

Current Committee:
Law Section:
Columbia County
Laws Affected:
Add §2-a, Chap 486 of 1964

S5454A - Bill Texts

view summary

Relates to authorizing school districts in the town of Canaan in the county of Columbia to use real property located outside of its territorial limits.

view sponsor memo
BILL NUMBER:S5454A

TITLE OF BILL: An act to amend chapter 486 of the laws of 1964,
establishing and constituting as a separate union free school district
certain territory in the town of Canaan in the county of Columbia, and
providing for its government, in relation to authorizing such school
district to use real property located outside of its territorial
limits

PURPOSE OR GENERAL IDEA OF BILL: To establish and allow the Berkshire
Union Free School District, located in the town of Canaan, to operate
educational programs on the site of any real property owned or leased
by the Questar III Boces in the counties of Columbia, Greene and
Rensselaer and to enter into any agreements necessary to carry out
such authority, for the purpose of providing instruction to students
enrolled in the Berkshire Union Free School District.

SUMMARY OF SPECIFIC PROVISIONS: To amend chapter 486 of the laws of
1964, establishing and constituting as a separate union free school
district certain territory in the town of Canaan in the county of
Columbia, and providing for its government, in relation to authorizing
such school district to use real property located outside of its
territorial limits.

JUSTIFICATION: In 1964, by Special Act of the New York State
Legislature, Berkshire Union Free School District was organized to
provide public education services to the youth in residence at
Berkshire Farm Center in the town of Canaan, county of Columbia. This
bill is to amend that original act to provide expansion of the
Berkshire Union Free School District to include the catchment area of
Questar III BOCES serving the counties of Columbia, Rensselaer, and
Greene.

The graduation rate for CSE students in NYS is 45% and of those, less
than 5% are considered college and career ready. The statistics for
poverty and minority students are equally staggering, with percentages
hovering just over 50. Currently the Hudson CSD has a graduation rate
of 62% and is identified as having a disproportionately high
suspension rate for CSE students. The Catskill CSD has a graduation
rate just over 70%, and no longer can afford to offer their existing
Alternative Learning Program. The 38% and 30% respectively of Hudson
and Catskill students will be the typical target population for The
Bridge. The Bridge will be offered to all schools in Columbia and
Greene Counties.

In addition to serving residents of Berkshire Farm Center, the school
district provides special education services to local students bussed
to the Canaan campus by their home school. They are Day Program
students at Berkshire as an out-of-district placement. Each community
school receives high cost aid through the STAC system.

Hudson and Catskill currently have 10 students placed in Berkshire's
Day Program based on their IEP out-of-district placement. These
students are already in each district's respective special education
budgets and each district is reimbursed for those expenses. By
utilizing the existing staff that educate those special needs students
- Berkshire can create a staffing model that can include an additional


45 non-disabled at-risk youth for this creative alternative learning
program (they will be in smaller classes, receiving more focused
attention). As example - the total cost of educating all of these
students is $870,000. Because the rate is set by SED for those special
education students at approximately $43,000 a year, the balance needed
to provide this high end academic program for our most underserved
student population is $440,000 for 45 students. The building costs
will be minimal, as The Galvan Foundation of Hudson is rehabbing the
old Register Star building to house The Bridge and charging rent at $1
per square foot. To complete the collaboration, Questar III BOCES will
hold the lease on the property and has engaged the participating
districts in a Co-Service, known as a BOCES COSER, making each
district eligible for their BOCES aid for the following school year.

In addition, each district currently buses the special education Day
Program students from Hudson and Catskill respectively all the way to
Canaan. The savings from a transportation perspective will be immense,
but more importantly - currently emotionally disturbed students, who
have experienced nothing but failure in our current system is on a bus
for 50-70 minutes each way depending on their home address. By moving
these programs to a centrally located site, and by flipping the model,
bringing the education to the students, this partnership has the
potential to be a replicable model. Berkshire has already had
preliminary discussions with the Troy CSD regarding their high need,
at-risk population,

By partnering with Questar III, a centrally located building in
Rensselaer County could build a new bridge.

Berkshire has achieved results, most districts have never realized.
Since 2009, Berkshire has a 100% graduation rate of its CSE students.
Berkshire has attributed its results to having a highly effective
staffing model and application of specific adult actions that are
implemented and monitored in real time through the highly touted
Professional Learning Community model. Berkshire employs
dual-certified teachers, meaning all teachers have special education
certification and certification in a core content area such as math.
By employing highly skilled teachers with dual certifications,
Berkshire can pay for skills. The district and their NYSUT local have
revolutionized the compensation model for public education and
eliminated the traditional step salary schedule the "guaranteed
raise." By focusing resources where they are most impactfill.
Berkshire has created a holistic embedded professional development
model where their teachers work in collaborative teams, creating a
laser like focus on the most critical instructional strategies.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5454--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on Local Government --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  chapter  486  of  the laws of 1964, establishing and
  constituting as a separate union free school district certain territo-
  ry in the town of Canaan in the county of Columbia, and providing  for
  its government, in relation to authorizing such school district to use
  real property located outside of its territorial limits

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

  Section 1. Chapter 486 of the laws of 1964 establishing and constitut-
ing as a separate union free school district certain  territory  in  the
town  of Canaan in the county of Columbia, and providing for its govern-
ment, is amended by adding a new section 2-a to read as follows:
  S 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION
TO THE CONTRARY, SUBJECT TO THE APPROVAL OF THE NEW YORK STATE EDUCATION
DEPARTMENT AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES RENSSELAER,
COLUMBIA,  GREEN COUNTIES, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO
OPERATE EDUCATIONAL PROGRAMS ON THE SITE OF ANY REAL PROPERTY  OWNED  OR
LEASED  BY  THE  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES RENSSELAER,
COLUMBIA, GREEN COUNTIES IN THE COUNTIES OF COLUMBIA, GREENE AND RENSSE-
LAER AND TO ENTER INTO ANY  AGREEMENTS  NECESSARY  FOR  THE  PURPOSE  OF
PROVIDING  INSTRUCTION TO STUDENTS ENROLLED IN THE BERKSHIRE FREE SCHOOL
DISTRICT OR STUDENTS ATTENDING THROUGH A CONTRACT WITH A SCHOOL DISTRICT
OR COOPERATIVE SERVICES AGREEMENT OF THE  BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES RENSSELAER, COLUMBIA, GREEN COUNTIES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10867-03-3

S5454B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Columbia County
Laws Affected:
Add §2-a, Chap 486 of 1964

S5454B (ACTIVE) - Bill Texts

view summary

Relates to authorizing school districts in the town of Canaan in the county of Columbia to use real property located outside of its territorial limits.

view sponsor memo
BILL NUMBER:S5454B

TITLE OF BILL: An act to amend chapter 486 of the laws of 1964,
establishing and constituting as a separate union free school district
certain territory in the town of Canaan in the county of Columbia, and
providing for its government, in relation to authorizing such school
district to use real property located outside of its territorial
limits

PURPOSE OR GENERAL IDEA OF BILL: To establish and allow the Berkshire
Union Free School District, located in the town of Canaan, to operate
educational programs on the site of any real property owned or leased
by the Questar III Boces in the counties of Columbia, Greene and
Rensselaer and to enter into any agreements necessary to carry out
such authority, for the purpose of providing instruction to students
enrolled in the Berkshire Union Free School District.

SUMMARY OF SPECIFIC PROVISIONS: to amend chapter 486 of the laws of
1964, establishing and constituting as a separate union free school
district certain territory in the town of Canaan in the county of
Columbia, and providing for its government, in relation to authorizing
such school district to use real property located outside of its
territorial limits.

JUSTIFICATION: In 1964, by Special Act of the New York State
Legislature, Berkshire Union Free School District was organized to
provide public education services to the youth in residence at
Berkshire Farm Center in the town of Canaan, county of Columbia. This
bill is to amend that original act to provide expansion of the
Berkshire Union Free School District to include the catchment area of
Questar Ill BOCES serving the counties of Columbia, Rensselaer, and
Greene.

The graduation rate for CSE students in NYS is 45% and of those, less
than 5% are considered college and career ready. The statistics for
poverty and minority students are equally staggering, with percentages
hovering just over 50. Currently the Hudson CSD has a graduation rate
of 62% and is identified as having a disproportionately high
suspension rate for CSE students. The Catskill CSD has a graduation
rate just over 70%, and no longer can afford to offer their existing
Alternative Learning Program. The 38% and 30% respectively of Hudson
and Catskill students will be the typical target population for The
Bridge. The Bridge will be offered to all schools in Columbia and
Greene Counties.

In addition to serving residents of Berkshire Farm Center, the school
district provides special education services to local students bussed
to the Canaan campus by their home school. They are Day Program
students at Berkshire as an out-of-district placement. Each community
school receives high cost aid through the STAC system.

Hudson and Catskill currently have 10 students placed in Berkshire's
Day Program based on their IEP out-of-district placement. These
students are already in each district's respective special education
budgets and each district is reimbursed for those expenses.


By utilizing the existing staff that educate those special needs
students - Berkshire can create a staffing model that can include an
additional 45 non-disabled at-risk youth for this creative alternative
learning program (they will be in smaller classes, receiving more
focused attention). As example - the total cost of educating all of
these students is $870,000. Because the rate is set by SED for those
special education students at approximately $43,000 a year, the
balance needed to provide this high end academic program for our most
underserved student population is $440,000 for 45 students. The
building costs will be minimal, as The Galvan Foundation of Hudson is
rehabbing the old Register Star building to house The Bridge and
charging rent at $1 per square foot. To complete the collaboration,
Questar HI BOCES will hold the lease on the property and has engaged
the participating districts in a Co-Service, known as a BOCES COSER,
making each district eligible for their BOCES aid for the following
school year.

In addition, each district currently buses the special education Day
Program students from Hudson and Catskill respectively all the way to
Canaan. The savings from a transportation perspective will be immense,
but more importantly - currently emotionally disturbed students, who
have experienced nothing but failure in our current system is on a bus
for 50-70 minutes each way depending on their home address. By moving
these programs to a centrally located site, and by flipping the model,
bringing the education to the students, this partnership has the
potential to be a replicable model. Berkshire has already had
preliminary discussions with the Troy CSD regarding their high need,
at-risk population. By partnering with Questar III, a centrally
located building in Rensselaer County could build a new bridge.

Berkshire has achieved results, most districts have never realized.
Since 2009, Berkshire has a 100% graduation rate of its CSE students.
Berkshire has attributed its results to having a highly effective
staffing model and application of specific adult actions that are
implemented and monitored in real time through the highly touted
Professional Learning Community model. Berkshire employs
dual-certified teachers, meaning all teachers have special education
certification and certification in a core content area such as math.
By employing highly skilled teachers with dual certifications,
Berkshire can pay for skills. The district and their NYSUT local have
revolutionized the compensation model for public education and
eliminated the traditional step salary schedule - the "guaranteed
raise." By focusing resources where they are most impactful, Berkshire
has created a holistic embedded professional development model where
their teachers work in collaborative teams, creating a laser like
focus on the most critical instructional strategies.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5454--B
    Cal. No. 1294

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on Local Government --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- committee discharged and said bill
  committed to the Committee on Rules -- ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend chapter 486  of  the  laws  of  1964,  establishing  and
  constituting as a separate union free school district certain territo-
  ry  in the town of Canaan in the county of Columbia, and providing for
  its government, in relation to authorizing such school district to use
  real property located outside of its territorial limits

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

  Section 1. Chapter 486 of the laws of 1964 establishing and constitut-
ing  as  a  separate union free school district certain territory in the
town of Canaan in the county of Columbia, and providing for its  govern-
ment, is amended by adding a new section 2-a to read as follows:
  S  2-A.  NOTWITHSTANDING  ANY  OTHER  LAW,  RULE, OR REGULATION TO THE
CONTRARY, IN ADDITION TO THE POWERS GRANTED BY SECTION ONE OF THIS  ACT,
SUBJECT  TO  THE APPROVAL OF THE NEW YORK STATE EDUCATION DEPARTMENT AND
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE  SOLE  SUPERVISORY
DISTRICT  OF  RENSSELAER,  COLUMBIA,  AND  GREENE COUNTIES, THE BOARD OF
EDUCATION SHALL BE AUTHORIZED TO UTILIZE PROPERTY LOCATED AT 364  WARREN
STREET,  HUDSON, NEW YORK 12534, AND TO ENTER INTO ANY AGREEMENTS NECES-
SARY TO CARRY OUT SUCH AUTHORITY, FOR THE PURPOSE OF PROVIDING  INSTRUC-
TION TO STUDENTS ENROLLED IN THE BERKSHIRE UNION FREE SCHOOL DISTRICT OR
STUDENTS ATTENDING THE BERKSHIRE UNION FREE SCHOOL DISTRICT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10867-07-3

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