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Same as: A10131 Versions: S4117, S4117A, S4117B

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S4117B Actions

S4117B - PASSED SENATE - Jun 30, 2010
S4117B - DELIVERED TO ASSEMBLY - Jun 30, 2010
S4117B - REFERRED TO EDUCATION - Jun 30, 2010
S4117B - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jun 29, 2010
S4117B - ORDERED TO THIRD READING CAL.1324 - Jun 29, 2010
S4117B - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED - May 3, 2010
S4117B - REPORTED AND COMMITTED TO FINANCE - Mar 9, 2010
S4117B - AMEND AND RECOMMIT TO EDUCATION - Feb 25, 2010
S4117B - PRINT NUMBER 4117B - Feb 25, 2010
S4117B - REFERRED TO EDUCATION - Jan 6, 2010
S4117 - REPORTED WITH AMENDMENTS AND COMMITTED TO RULES - Jun 8, 2009
S4117A - PRINT NUMBER 4117A - Jun 8, 2009
S4117A - REPORTED AND COMMITTED TO RULES - Jun 8, 2009
S4117 - REPORTED AND COMMITTED TO FINANCE - Apr 21, 2009
S4117 - REFERRED TO EDUCATION - Apr 13, 2009

S4117B Committee Meetings

S4117B Calendars

S4117B Votes

S4117B Memo

BILL NUMBER: S4117B

TITLE OF BILL : An act to amend the education law, in relation to the powers and duties of boards of cooperative educational services

PURPOSE : This bill would authorize boards of cooperative educational services (BOCES) to enter into contracts as necessary for corporate purposes; extend BOCES leasing authority from 10 to 20 years; and allow charter schools to contract with BOCES.

SUMMARY OF PROVISIONS :



Section 1: This section would require that the Commissioner establish, by regulation, a process for approval of aidable and non-aidable cooperative services (COSERS.) This process would require an evaluation of the potential cost savings, efficiencies in facilities use, enhancement of educational opportunities, local and regional needs, and other matters which would enhance the opportunities for provision of COSER services regionally. These regulations are not intended to preclude BOCES from entering into inter-municipal agreements as otherwise authorized by law, but rather to establish a more comprehensive, consistent and transparent process. In addition, this section makes a technical amendment which makes consistent references to BOCES COSER agreements in law.



Section 2: Authorizes BOCES to enter into contracts as necessary to carry out the purposes of BOCES, as well as enter into contracts with charter schools.



Section 3: Extend BOCES leasing authority from 10 to 20 years.



Section 4: This language makes an additional technical amendment which makes consistent references to BOCES COSER agreements in law.



Section 5: is the effective date, which is immediate.

JUSTIFICATION : BOCES is uniquely positioned to deliver greater cooperation and efficiencies throughout New York State. This fact has been underscored by both the New York State Commission on Property Tax Relief and the Commission on Local Government Efficiency and Competitiveness. Each Commission points to BOCES as a proven vehicle for achieving greater efficiencies statewide. This bill would direct the Commissioner to establish by regulation the criteria for aidable and non-aidable COSERs, in order to provide more guidance to BOCES with regard to entering into contracts with municipalities, school districts, and various other organizations to provide services in a more cost-effective manner. In addition, this bill would allow BOCES to enter into leases of up to years as well as contract with charter schools to provide non-aidable services.

FISCAL IMPLICATIONS : No fiscal implications for the State. This bill may allow for savings by individual school districts and charter schools.

EFFECTIVE DATE : Immediately.

S4117B Text

S T A T E O F N E W Y O R K
4117--B
2009-2010 Regular Sessions I N SENATE April 13, 2009
Introduced by Sens. OPPENHEIMER, MONTGOMERY, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee with amendments and committed to the Committee on Rules -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10259-07-0
S. 4117--B 2 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 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 8 and 9 to read as follows:
(8) TO ENTER INTO CONTRACTS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS OUTLINED IN THIS SECTION. (9) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE 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 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 4. 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 S. 4117--B 3 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 5. This act shall take effect immediately.

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