Senate Bill S2771

                                 BILL NUMBER:  S2771

 TITLE OF BILL :  An act to amend the education law, in relation to
making English as a second language teachers an aidable shared service

 PURPOSE :

To make English as a second language teachers an aidable shared
service

 SUMMARY OF PROVISIONS :

Section 1 amends § 1950(4)(d)(1) of the Education Law, to add English
as a second language to the list of services that may be provided on a
cooperative basis when requested by component school districts
accompanied with the approval of the commissioner of Education.

Section 2 provides the effective date.

 EXISTING LAW :

Section 1950 of the Education Law establishes the Boards of
Cooperative Education Services (BOCES). Subdivision (4) of this
section provides the powers and duties of BOCES, including aidable
shared services, pursuant to paragraph (d)(1) of subdivision 4 of this
section.
              

Subparagraph (1) of paragraph (d) of subdivision (4) of Section 1950
of the Education Law provides, At the request of component school
districts, and with the approval of the commissioner, provide any of
the following services on a cooperative basis: school nurse teacher,
attendance supervisor, supervisor of teachers, dental hygienist,
psychologist, teachers of art, music, physical education, career
education subjects, guidance counselors, 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 restaurant service for the use of pupils and teachers while at
school, and such other services as the commissioner may approve. Such
cafeteria or restaurant service may be used by the community 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. Currently,
English as a second language is not included on the list of aidable
share services provided by the subparagraph quoted above.

 JUSTIFICATION :

While English as a second language programs-known as "ESL"
programs-exist in most urban and many larger suburban districts, they
are also increasingly needed in rural and smaller districts. In
particular, in communities located near military installations, like
Fort Drum, which attract a diverse population of families from all
across the nation, these programs are being created to meet our
responsibilities to provide a quality education for students of every
background, and also to provide support for the families of men and
women of our Armed Force who sacrifice and serve to protect our
freedom.

In many of these cases, ESL programs may only be required for a small
number of children, but they still require a significant local expense
for staff, training and other needs that are not currently covered by
existing state education aid formulas.
By adding ESL teachers to the list of "aidable shared services," we
can help districts that do not have services for non-English speaking
students better manage costs associated with needing to provide the
education necessary for all young learners of every background to
succeed.

 LEGISLATIVE HISTORY :

S.7274 Referred to Education.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first July next succeeding the date
on which it shall have become a law.