S T A T E O F N E W Y O R K
________________________________________________________________________
3777
2017-2018 Regular Sessions
I N S E N A T E
January 27, 2017
___________
Introduced by Sen. MARCELLINO -- 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 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
(COSERS). SUCH REGULATIONS SHALL ESTABLISH CRITERIA TO BE APPLIED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06153-01-7
S. 3777 2
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.
§ 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.
§ 3. 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].
§ 4. This act shall take effect immediately.