NY State Senate Bill 2021-S9396

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	referred to education

2021-S9396 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §1950, add §§1953, 1954 & 1959, Ed L

2021-S9396 (ACTIVE) - Summary

Establishes the "build back BOCES act"; directs the department of education to track and prepare a report on the post-graduation employment of students who completed a BOCES or CTE program; directs the commissioner of education to make certain funding allocations based on public schools' number of CTE or BOCES program graduates who obtain employment in a qualifying field within one year of graduation.

2021-S9396 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9396

SPONSOR: RATH
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing the
"build back BOCES act"

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would amend the education law to establish the "build
back BOCES act" to provide boards of cooperative educational services
across the state with enhanced incentives and resources for the purpose
of increasing the number of skilled trade graduates in New York.

 
SUMMARY OF PROVISIONS:

Section 1: establishes the title of act as the "build back BOCES act".

Section 2: amends paragraph b of subdivision 5 of section 1950 of the
education law to increase BOCES instructor compensation to $45,000 or
average teacher salary in the respective school district, whichever is

lower.

Section 3: amends paragraph b of subdivision 5 of section 1950 of the
education law to increase BOCES instructor compensation to $60,000 or
average teacher salary in the respective school district, whichever is
lower. The effective date of this section will be January 1, 2030.

Section 4: amends the education law by adding three new sections 1953,
1954, and 1959. The new sections provide the following:

*new section 1953 would establish an annual career and technical educa-
tion report. The department of education, in consultation with the
department of taxation and finance would be required to create a report
annually on the number of students formerly enrolled in a BOCES or CTE
program who obtained part-time or full-time employment in a qualifying
field within one year of graduation. Such report shall be made available
to members of the legislature and the public.

*new section 1954 would establish the BOCES enhanced pipeline pilot
program. Starting in the 2025-26 school year, the commissioner of educa-
tion is authorized to establish a pipeline pilot program rewarding
districts with the top twenty highest number of former students who were
enrolled in BOCES or CTE programs and who obtained full-time or part-
time employment in a qualifying field within one year of graduation with
an increase in BOCES funding per student for the school year immediately
following.

*new section 1959 establishes definitions of "BOCES", "CTE", and "quali-
fying field".

Section 5: effective date

 
JUSTIFICATION:

Having a highly trained and qualified workforce is integral for growing
the economy in New York State. From construction trades to healthcare to
automotive careers, employers across the state are seeking work-ready
applicants in skilled trades jobs. Unfortunately, many of these employ-
ers struggle to find suitable candidates to fill these positions.
Despite the budding opportunities, New York is not doing enough to
produce students ready to enter the workforce upon graduating from high
school. Not only is this lack of work-ready graduates a deterrent for
students looking to start their respective careers, but it also serves
as a barrier for businesses seeking to enter New York state.

According to the Boards of Cooperative Educational Services (BOCES) of
New York State, more than 38,000 students participated in career-ready
skills programs taught by BOCES in 2021. Of those who graduated, less
than 30% directly entered the workforce. This low rate reflects a lack
of prioritization by the state for BOCES and career & technical educa-
tion (CTE) programming. Some of the elements contributing to the work-
ready obstacles are low pay for BOCES instructors, a lack of comprehen-
sive data on hiring barriers, and a lack of incentives for districts to
produce a skilled workforce. This legislation enacts the Build Back
BOCES Act to address these barriers and reinvigorate New York's skilled
trade labor market.

The Build Back BOCES Act represents a direct solution to the challenges
faced by school districts across New York seeking to provide students
with an adequate education in a skilled trade.  Components of the bill
include increased instructor pay, a more robust system of reporting for
hiring data, and a pilot program to introduce new incentive measures. By
increasing the earnings cap for BOCES instructors from $30,000 to up to
$60,000, districts will be able to attract instructors from a broader
range of technical fields.  Enhancing reporting on graduate hiring prac-
tices will allow the state and school districts alike to adapt more
quickly to changing labor needs. Finally, the BOCES Enhanced Pipeline
pilot program offers districts a financial incentive to produce the
highest rate of workforce-ready graduates. Through the Build Back BOCES
Act, employers and students across New York will have renewed access to
skilled trade opportunities for the betterment of the entire New York
economy.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided however that the
provisions of section two of this act shall apply to the 2023-2024
school year, and school years thereafter; and provided further that
section three of this act shall take effect January 1, 2030.

2021-S9396 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9396
 
                             I N  S E N A T E
 
                               May 24, 2022
                                ___________
 
 Introduced  by  Sen.  RATH  --  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  establishing  the
   "build back BOCES act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "build back
 BOCES act".
   § 2. Paragraph b of subdivision 5 of section  1950  of  the  education
 law,  as  amended by chapter 130 of the laws of 2022, is amended to read
 as follows:
   b. The cost of services herein referred to shall be the  amount  allo-
 cated  to  each  component  school  district by the board of cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved  expenses from the testing of potable water systems of occupied
 school buildings under the board's jurisdiction as required pursuant  to
 section  eleven  hundred ten of the public health law provided that such
 expenses for testing of potable water systems are not reimbursable  from
 another  state  or  federal  source, except that that part of the salary
 paid any teacher, supervisor or other employee of the board  of  cooper-
 ative  educational  services  which  is in excess of [thirty] EITHER THE
 AVERAGE TEACHER SALARY IN THE RESPECTIVE SCHOOL DISTRICT, OR  FORTY-FIVE
 thousand  dollars,  WHICHEVER  IS  LOWER,  shall not be such an approved
 expense, and except also that administrative and clerical expenses shall
 not exceed ten percent of the total expenses for purposes of this compu-
 tation. Any gifts, donations or interest earned by the board of  cooper-
 ative  educational  services  or  on  behalf of the board of cooperative
 educational services by the dormitory  authority  or  any  other  source
 shall  not  be deducted in determining the cost of services allocated to
 each component school district. Any payments made to a component  school
 district  by  the  board of cooperative educational services pursuant to
 subdivision eleven of section six-p of the general municipal law attrib-
 utable to an approved cost of service computed pursuant to this subdivi-
 sion shall be deducted from the  cost  of  services  allocated  to  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15951-01-2
 S. 9396                             2
 
 component school district. The expense of transportation provided by the
 board  of  cooperative  educational  services pursuant to paragraph q of
 subdivision four of this section shall be eligible for  aid  apportioned
 pursuant  to subdivision seven of section thirty-six hundred two of this
 chapter and no board of cooperative educational services  transportation
 expense shall be an approved cost of services for the computation of aid
 under  this subdivision.  Transportation expense pursuant to paragraph q
 of subdivision four of this section shall be included in the computation
 of the ten percent limitation on administrative and clerical expenses.
   § 3. Paragraph b of subdivision 5 of section  1950  of  the  education
 law,  as  amended  by  section  two  of  this act, is amended to read as
 follows:
   b. The cost of services herein referred to shall be the  amount  allo-
 cated  to  each  component  school  district by the board of cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved  expenses from the testing of potable water systems of occupied
 school buildings under the board's jurisdiction as required pursuant  to
 section  eleven  hundred ten of the public health law provided that such
 expenses for testing of potable water systems are not reimbursable  from
 another  state  or  federal  source, except that that part of the salary
 paid any teacher, supervisor or other employee of the board  of  cooper-
 ative  educational  services  which  is  in excess of either the average
 teacher salary in the respective school district, or [forty-five]  SIXTY
 thousand  dollars,  whichever  is  lower,  shall not be such an approved
 expense, and except also that administrative and clerical expenses shall
 not exceed ten percent of the total expenses for purposes of this compu-
 tation. Any gifts, donations or interest earned by the board of  cooper-
 ative  educational  services  or  on  behalf of the board of cooperative
 educational services by the dormitory  authority  or  any  other  source
 shall  not  be deducted in determining the cost of services allocated to
 each component school district. Any payments made to a component  school
 district  by  the  board of cooperative educational services pursuant to
 subdivision eleven of section six-p of the general municipal law attrib-
 utable to an approved cost of service computed pursuant to this subdivi-
 sion shall be deducted from the  cost  of  services  allocated  to  such
 component school district. The expense of transportation provided by the
 board  of  cooperative  educational  services pursuant to paragraph q of
 subdivision four of this section shall be eligible for  aid  apportioned
 pursuant  to subdivision seven of section thirty-six hundred two of this
 chapter and no board of cooperative educational services  transportation
 expense shall be an approved cost of services for the computation of aid
 under  this subdivision.  Transportation expense pursuant to paragraph q
 of subdivision four of this section shall be included in the computation
 of the ten percent limitation on administrative and clerical expenses.
   § 4. The education law is amended by adding three new  sections  1953,
 1954 and 1959 to read as follows:
   §  1953.  ANNUAL CAREER AND TECHNICAL EDUCATION REPORT. 1. THE DEPART-
 MENT, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, SHALL
 TRACK THE NUMBER OF STUDENTS WHO HAVE PARTICIPATED IN  A  BOCES  OR  CTE
 CURRICULUM  EACH YEAR AND THE EMPLOYMENT OBTAINED BY SUCH STUDENTS AFTER
 GRADUATING FROM HIGH SCHOOL, OR AFTER ATTAINING A HIGH SCHOOL EQUIVALENT
 DEGREE.
   2. BEGINNING ON THE FIRST OF JULY NEXT OCCURRING AFTER THE FIRST  FULL
 YEAR  AFTER THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER,
 THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  TAXATION  AND
 FINANCE,  SHALL  CREATE  A  REPORT  ON  THE  NUMBER OF STUDENTS FORMERLY
 S. 9396                             3
 
 ENROLLED IN A BOCES OR CTE CURRICULUM WHO OBTAINED  PART-TIME  OR  FULL-
 TIME  EMPLOYMENT  IN  A  QUALIFYING FIELD WITHIN ONE YEAR OF HIGH SCHOOL
 GRADUATION OR ATTAINMENT OF A  HIGH  SCHOOL  EQUIVALENT  DEGREE.  FORMER
 STUDENTS  WHO  OBTAIN  PART-TIME  EMPLOYMENT IN A QUALIFYING FIELD WHILE
 ATTENDING A TWO-YEAR OR FOUR-YEAR POST-SECONDARY EDUCATION PROGRAM SHALL
 NOT BE INCLUDED IN SUCH REPORTED NUMBERS. SUCH REPORT SHALL BE SUBMITTED
 TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,
 THE  MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,
 AND THE CHAIRS AND RANKING MEMBERS ON THE SENATE AND  ASSEMBLY  STANDING
 COMMITTEES  ON EDUCATION. SUCH REPORT SHALL ALSO BE MADE PUBLICLY AVAIL-
 ABLE ON THE DEPARTMENT'S WEBSITE.
   § 1954. BOCES ENHANCED PIPELINE PILOT PROGRAM. 1. BEGINNING IN THE TWO
 THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR,  THE  COMMIS-
 SIONER  SHALL  ESTABLISH A "BOCES ENHANCED PIPELINE PILOT PROGRAM" UNDER
 WHICH THE NEW YORK STATE PUBLIC SCHOOLS  WITH  THE  TOP  TWENTY  HIGHEST
 NUMBER  OF  FORMER  STUDENTS WHO WERE ENROLLED IN BOCES OR CTE CURRICULA
 AND WHO OBTAINED PART-TIME OR FULL-TIME EMPLOYMENT IN A QUALIFYING FIELD
 WITHIN ONE YEAR OF HIGH SCHOOL GRADUATION OR ATTAINMENT OF A HIGH SCHOOL
 EQUIVALENT DEGREE, AS DETERMINED IN THE  REPORT  SUBMITTED  PURSUANT  TO
 SECTION  NINETEEN  HUNDRED FIFTY-THREE OF THIS ARTICLE, SHALL RECEIVE AN
 INCREASE IN WEIGHTED  FUNDING  PER  EACH  SUCH  FORMER  STUDENT.  FORMER
 STUDENTS  WHO  OBTAIN  PART-TIME  EMPLOYMENT IN A QUALIFYING FIELD WHILE
 ATTENDING A TWO-YEAR OR FOUR-YEAR POST-SECONDARY EDUCATION PROGRAM SHALL
 NOT BE INCLUDED IN THE CALCULATION OF SUCH TOP TWENTY SCHOOLS, OR IN THE
 WEIGHTED INCREASE IN FUNDING PURSUANT TO THIS SUBDIVISION.
   2. THE INCREASE IN WEIGHTED FUNDING  UNDER  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL BE SUBJECT TO THE DISCRETION OF THE COMMISSIONER, PROVIDED
 HOWEVER  THAT THE MINIMUM INCREASE IN SUCH FUNDING SHALL BE NO LESS THAN
 A FIFTEEN PERCENT INCREASE OVER  THE  PREVIOUS  SCHOOL  YEAR'S  WEIGHTED
 FUNDING  PER  STUDENT.  SUCH FUNDING INCREASE SHALL BE PROVIDED FOR ONLY
 THE IMMEDIATELY FOLLOWING SCHOOL YEAR. AT THE CONCLUSION OF SUCH  SCHOOL
 YEAR,  EACH  SCHOOL'S  FUNDING SHALL RETURN TO THE BASE WEIGHTED FUNDING
 PER STUDENT, UNLESS SUCH SCHOOL HAS BEEN AWARDED  A  SUBSEQUENT  FUNDING
 INCREASE  UNDER SUBDIVISION ONE OF THIS SECTION FOR THE FOLLOWING SCHOOL
 YEAR. FUNDING FOR THE AWARDS PURSUANT TO THIS SECTION SHALL BE APPROPRI-
 ATED ANNUALLY IN THE NEW YORK STATE BUDGET SUBJECT TO THE DISCRETION  OF
 THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   3.  UPON  THE CONCLUSION OF THE TWO THOUSAND THIRTY-FIVE--TWO THOUSAND
 THIRTY-SIX SCHOOL YEAR, THE DEPARTMENT SHALL CONDUCT  AN  AUDIT  OF  THE
 BOCES  ENHANCED  PIPELINE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION. THE DEPARTMENT SHALL CREATE A  REPORT  OF  ITS
 FINDINGS  PURSUANT  TO SUCH AUDIT, AND SHALL SUBMIT SUCH REPORT NO LATER
 THAN ONE YEAR AFTER THE BEGINNING OF SUCH AUDIT TO THE TEMPORARY  PRESI-
 DENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
 THE SENATE, THE MINORITY LEADER OF THE  ASSEMBLY,  AND  THE  CHAIRS  AND
 RANKING MEMBERS OF THE SENATE AND ASSEMBLY STANDING COMMITTEES ON EDUCA-
 TION.
   4. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND/OR
 REGULATIONS HE OR SHE SHALL DEEM NECESSARY FOR THE IMPLEMENTATION OF THE
 PROVISIONS OF THIS SECTION.
   §  1959.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOCES" MEANS A BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  ESTAB-
 LISHED PURSUANT TO SECTION NINETEEN HUNDRED FIFTY OF THIS ARTICLE.
   2.  "CAREER  AND  TECHNICAL  EDUCATION"  OR  "CTE"  MEANS A CURRICULUM
 DESIGNED TO PROVIDE STUDENTS WITH CERTAIN SKILLS THAT WILL  ENABLE  THEM
 S. 9396                             4
 
 TO PURSUE A CAREER IN CERTAIN DISCIPLINES, INCLUDING BUT NOT LIMITED TO,
 AGRICULTURAL  EDUCATION,  BUSINESS  AND  MARKETING,  FAMILY AND CONSUMER
 SCIENCES, HEALTH OCCUPATIONS, TECHNOLOGY AND  TRADE,  OR  TECHNICAL  AND
 INDUSTRIAL EDUCATION.
   3.  "QUALIFYING  FIELD"  MEANS A FIELD OF EMPLOYMENT IN WHICH BOCES OR
 CTE PROGRAMS ARE INTENDED TO PREPARE STUDENTS FOR EMPLOYMENT,  INCLUDING
 BUT  NOT  LIMITED TO: WELDING; AUTOMOTIVE DESIGN AND REPAIR; NEW VISIONS
 HEALTH PROFESSIONS; PRODUCT DESIGN; CULINARY ARTS; DIGITAL MEDIA;  EXER-
 CISE   MEDICINE   AND  SCIENCE;  ADVANCED  MANUFACTURING;  BUILDING  AND
 CONSTRUCTION TRADES; NURSE  ASSISTING;  HEAVY  EQUIPMENT  OPERATING  AND
 REPAIR; BUSINESS ADMINISTRATION; PHYSICAL THERAPY PROFESSIONS; LAB TECH-
 NICIAN;  CHILD  AND  FAMILY  SERVICES; HEALTH OCCUPATIONS; ENVIRONMENTAL
 CONSERVATION; CRIMINAL JUSTICE; NATURAL RESOURCE  SCIENCE;  AGRICULTURAL
 SCIENCES;  COSMETOLOGY;  VETERINARY  PRACTICES; DIGITAL GAMING; SOFTWARE
 DESIGN; INFORMATION TECHNOLOGY; OFFSHORE WIND; STERILE PROCESSING  TECH-
 NICIAN;  HVAC-R;  DENTAL  ASSISTANT; CYBER TECHNOLOGY; EMERGENCY MEDICAL
 SERVICES; COMPUTER PROGRAMMING; DIAGNOSTIC MEDICAL SONOGRAPHER; AUTOMAT-
 IC HEATING; AND ANY OTHER FIELD DETERMINED BY THE COMMISSIONER TO  BE  A
 "QUALIFYING FIELD".
   § 5. This act shall take effect immediately; provided however that the
 provisions  of  section  two  of  this act shall apply to the 2023--2024
 school year, and school years  thereafter;  and  provided  further  that
 section three of this act shall take effect January 1, 2030.

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Senate Bill S9396

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

2021-S9396 (ACTIVE) - Details

2021-S9396 (ACTIVE) - Summary

2021-S9396 (ACTIVE) - Sponsor Memo

2021-S9396 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9396

Share this bill

Sponsored By

Edward A. Rath III

Archive: Last Bill Status - In Senate Committee Education Committee

2021-S9396 (ACTIVE) - Details

2021-S9396 (ACTIVE) - Summary

2021-S9396 (ACTIVE) - Sponsor Memo

2021-S9396 (ACTIVE) - Bill Text download pdf

Comments