S T A T E   O F   N E W   Y O R K
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                                  5994

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred 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
              

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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

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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.