S T A T E O F N E W Y O R K
________________________________________________________________________
1561
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. PAULIN, GALEF, GUNTHER, JAFFEE, ZEBROWSKI, LUPAR-
DO, OTIS -- Multi-Sponsored by -- M. of A. HOOPER, THIELE -- read once
and referred to the Committee on Education
AN ACT to amend the education law, in relation to the powers and duties
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 d 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) [Aidable shared services] COOPERATIVE SERVICES (COSERS). (I) At
the request of TWO OR MORE component school districts, and with the
approval of the commissioner, provide any of the following AIDABLE COOP-
ERATIVE services [on a cooperative basis] (COSERS): school nurse teach-
er, attendance supervisor, supervisor of teachers, dental hygienist,
psychologist, teachers of art, music, physical education, career educa-
tion subjects, guidance counsellors, operation of special classes for
students with disabilities, as such term is defined in article eighty-
nine of this chapter; pupil and financial accounting service by means of
mechanical equipment; maintenance and operation of cafeteria or restau-
rant service for the use of pupils and teachers while at school, and
such other AIDABLE OR NONAIDABLE services as the commissioner may
approve. Such cafeteria or restaurant service may be used by the commu-
nity for school related functions and activities and to furnish meals to
the elderly residents of the district, sixty years of age or older.
Utilization by elderly residents or school related groups shall be
subject to the approval of the board of education. Charges shall be
sufficient to bear the direct cost of preparation and serving of such
meals, exclusive of any other available reimbursements.
(II) THE COMMISSIONER SHALL BY REGULATION ESTABLISH THE PROCESS FOR
CONSIDERING AND APPROVING AIDABLE AND NONAIDABLE COOPERATIVE SERVICES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04997-03-5
A. 1561 2
(COSERS). SUCH REGULATIONS SHALL ESTABLISH CRITERIA TO BE APPLIED BY THE
COMMISSIONER IN APPROVING PROPOSED COSERS. SUCH CRITERIA SHALL INCLUDE:
CONSIDERATION OF THE POTENTIAL FOR PARTICIPANT SCHOOL DISTRICTS TO
ACHIEVE COST SAVINGS OR TO UTILIZE RESOURCES, INCLUDING FACILITIES, MORE
EFFICIENTLY; NEED FOR SUCH SERVICES WITHIN THE LOCAL AREA OR REGION TO
BE SERVED; THE OPPORTUNITIES FOR STUDENTS, INCLUDING THOSE WITH DISABIL-
ITIES, TO EARN CREDIT FOR ACADEMIC SUBJECTS; THE OPPORTUNITIES FOR
STUDENTS TO BE PREPARED TO PARTICIPATE IN SOCIETY OR THE WORKFORCE; AND
ANY OTHER MATTERS WHICH WOULD ENCOURAGE AND FOSTER COOPERATION.
S 2. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding two new subparagraphs 12 and 13 to read as follows:
(12) TO ENTER INTO CONTRACTS AS NECESSARY TO CARRY OUT THE PURPOSES OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS OUTLINED IN THIS
SECTION.
(13) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTI-
CLE FIFTY-SIX OF THIS CHAPTER, TO PROVIDE SERVICES AS AUTHORIZED BY THIS
SECTION.
S 3. Subparagraph (a) of paragraph p of subdivision 4 of section 1950
of the education law, as amended by chapter 374 of the laws of 2014, is
amended to read as follows:
(a) To rent suitable land, classrooms, offices or buildings upon or in
which to maintain and conduct such cooperative educational services and
administrative offices for a period not to exceed [ten] TWENTY years for
leases entered into with public entities and twenty years for leases
entered into with non-public entities and to improve, alter, equip and
furnish such land, classrooms, offices or buildings in a suitable manner
for such purposes, provided that: (1) before executing any lease, the
board shall adopt a resolution determining that such agreement is in the
best financial interests of the supervisory district and stating the
basis of that determination; (2) the rental payment shall not be more
than the fair market value as determined by the board and provided to
the commissioner; (3) The board discloses any conflict of interest
pursuant to subparagraph (c) of this paragraph, or any other potential
or perceived conflict of interest, to the commissioner, and in the event
of a conflict of interest or a potential or perceived conflict of inter-
est, provides detailed documentation to the commissioner demonstrating
that the cost of the lease is not more than fair market value; and (4)
upon the consent of the commissioner, renewal of such lease may be made
for a period of up to ten years. Nothing contained herein shall prevent
the board from entering into a lease agreement which provides for the
cancellation of the same by such board upon: (i) a substantial increase
or decrease in pupil enrollment; or (ii) a substantial change in the
needs and requirements of a board of cooperative educational services
with respect to facilities; or (iii) any other change which substantial-
ly affects the needs or requirements of a board of cooperative educa-
tional services or the community in which it is located. No lease or
other contract for the occupancy of such land, classrooms, offices or
buildings shall be enforceable against the board of cooperative educa-
tional services unless and until the same shall have been approved in
writing by the commissioner. In the case of a lease longer than [ten]
TWENTY years, the commissioner's written approval must include a finding
that the proposed lease complies with all requirements of this paragraph
and would be more cost-effective than a lease of [ten] TWENTY years or
fewer.
A. 1561 3
S 4. Subparagraph (a) of paragraph p of subdivision 4 of section 1950
of the education law, as amended by chapter 602 of the laws of 1994, is
amended to read as follows:
(a) To rent suitable land, classrooms, offices or buildings upon or in
which to maintain and conduct such cooperative educational services and
administrative offices for a period not to exceed [ten] TWENTY years and
to improve, alter, equip and furnish such land, classrooms, offices or
buildings in a suitable manner for such purposes (1) before executing
any lease, the board shall adopt a resolution determining that such
agreement is in the best financial interests of the supervisory district
and stating the basis of that determination; (2) the rental payment
shall not be more than the fair market value as determined by the board;
and (3) upon the consent of the commissioner, renewal of such lease may
be made for a period of up to ten years. Nothing contained herein shall
prevent the board from entering into a lease agreement which provides
for the cancellation of the same by such board upon: (i) a substantial
increase or decrease in pupil enrollment; or (ii) a substantial change
in the needs and requirements of a board of cooperative educational
services with respect to facilities; or (iii) any other change which
substantially affects the needs or requirements of a board of cooper-
ative educational services or the community in which it is located. No
lease or other contract for the occupancy of such land, classrooms,
offices or buildings shall be enforceable against the board of cooper-
ative educational services unless and until the same shall have been
approved in writing by the commissioner.
S 5. Subparagraph 2 of paragraph bb of subdivision 4 of section 1950
of the education law, as added by chapter 53 of the laws of 1984, is
amended to read as follows:
(2) The commissioner may approve such programs and services AS COOPER-
ATIVE SERVICES (COSERS) AS PROVIDED BY SUBPARAGRAPH ONE OF PARAGRAPH D
OF THIS SUBDIVISION only if they (a) are requested by two or more compo-
nent school districts; AND (b) [will provide additional opportunities
for pupils; (c)] will be expected to result in a cost savings to the two
or more component school districts requesting the programs and
services[; (d) will provide greater opportunity for pupils, including
those with handicapping conditions, to earn credit for academic subjects
and (e) will insure a greater or more appropriate use of facilities by
boards of cooperative educational services].
S 6. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (a) of paragraph p of subdivision 4 of
section 1950 of the education law made by section three of this act
shall be subject to the expiration and reversion of such subparagraph
pursuant to section 4 of chapter 374 of the laws of 2014, as amended,
when upon such date the provisions of section four of this act shall
take effect.