NY State Senate Bill 2013-S1524

Senate Bill S1524

2013-2014 Legislative Session

Requires each school district to include the percentage of its budget spent on instructional expenses in its school district report card

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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
Jan 08, 2014	referred to education
Jan 09, 2013	referred to education

2013-S1524 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§1608, 1716, 1950, 2554, 2590-e, 2601-a, 2857 & 2, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S560
2011-2012: S4541
2015-2016: S407

2013-S1524 (ACTIVE) - Summary

Requires each school district to include the percentage of its budget spent on instructional expenses in its school district report card.

2013-S1524 (ACTIVE) - Sponsor Memo

2013-S1524 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1524

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 requiring each  school
  district  to  include  the  percentage of its budget spent on instruc-
  tional expenses in its school district report card

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6  of  section 1608 of the education law, as
amended by section 5 of part A of chapter 436 of the laws  of  1997,  is
amended to read as follows:
  6.  Each  year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, and otherwise disseminating it as  required  by  the
commissioner.  Such  report  card shall include measures of the academic
performance of the school district, on a school  by  school  basis,  and
measures of the fiscal performance of the district, as prescribed by the
commissioner,  INCLUDING,  BUT  NOT  LIMITED  TO,  THE PERCENTAGE OF THE
SCHOOL DISTRICT BUDGET THAT IS SPENT ON INSTRUCTIONAL EXPENSES.   Pursu-
ant  to  regulations  of  the  commissioner,  the report card shall also
compare these measures to statewide averages for all public schools, and
statewide averages for public schools of  comparable  wealth  and  need,
developed  by  the  commissioner.  Such  report card shall include, at a
minimum, any information on the school district regarding pupil perform-
ance and expenditure per pupil required to be  included  in  the  annual
report  by  the  regents to the governor and the legislature pursuant to
section two hundred fifteen-a of this chapter; and any other information
required by the commissioner. School districts (i) identified as  having

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03760-01-3

S. 1524                             2

fifteen  percent or more of their students in special education, or (ii)
which have fifty percent or more of their students with disabilities  in
special  education  programs  or  services  sixty percent or more of the
school  day  in  a general education building, or (iii) which have eight
percent or more of their students with disabilities in special education
programs in public or private separate educational settings shall  indi-
cate  on  their school district report card their respective percentages
as defined in this subparagraph and subparagraphs (i) and (ii)  of  this
paragraph as compared to the statewide average.
  S 2. Subdivision 6 of section 1716 of the education law, as amended by
section  7  of  part A of chapter 436 of the laws of 1997, is amended to
read as follows:
  6. Each year, the board of education shall prepare a  school  district
report card, pursuant to regulations of the commissioner, and shall make
it  publicly available by transmitting it to local newspapers of general
circulation, appending it to copies of the proposed budget made publicly
available as required by law, making it available  for  distribution  at
the  annual  meeting,  and otherwise disseminating it as required by the
commissioner. Such report card shall include measures  of  the  academic
performance  of  the  school  district, on a school by school basis, and
measures of the fiscal performance of the district, as prescribed by the
commissioner, INCLUDING, BUT NOT  LIMITED  TO,  THE  PERCENTAGE  OF  THE
SCHOOL DISTRICT BUDGET THAT IS SPENT ON INSTRUCTIONAL EXPENSES. Pursuant
to  regulations  of the commissioner, the report card shall also compare
these measures to statewide averages for all public schools, and  state-
wide  averages  for public schools of comparable wealth and need, devel-
oped by the commissioner. Such report card shall include, at a  minimum,
any  information  of the school district regarding pupil performance and
expenditure per pupil required to be included in the  annual  report  by
the  regents to the governor and the legislature pursuant to section two
hundred fifteen-a of this chapter; and any other information required by
the commissioner. School districts  (i)  identified  as  having  fifteen
percent  or  more  of their students in special education, or (ii) which
have fifty percent or  more  of  their  students  with  disabilities  in
special  education  programs  or  services  sixty percent or more of the
school day in a general education building, or (iii)  which  have  eight
percent or more of their students with disabilities in special education
programs  in public or private separate educational settings shall indi-
cate on their school district report card their  respective  percentages
as  defined in this paragraph and paragraphs (i) and (ii) of this subdi-
vision as compared to the statewide average.
  S 3. Paragraph kk of subdivision 4 of section 1950  of  the  education
law,  as  amended by chapter 378 of the laws of 2010, is amended to read
as follows:
  kk. For the nineteen hundred  ninety-seven--ninety-eight  school  year
and  thereafter,  the  board of cooperative educational services (BOCES)
shall prepare a BOCES  report  card,  pursuant  to  regulations  of  the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed administrative budget made publicly available  as  required  by
law,  making  it  available  for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such  report
card  shall include measures of the academic performance of the board of
cooperative educational services, on a school by school  or  program  by
program basis, and measures of the fiscal performance of the supervisory
district,  as prescribed by the commissioner, INCLUDING, BUT NOT LIMITED

S. 1524                             3

TO, THE PERCENTAGE OF THE  SCHOOL  DISTRICT  BUDGET  THAT  IS  SPENT  ON
INSTRUCTIONAL  EXPENSES.    Pursuant to regulations of the commissioner,
the report card shall also compare these measures to statewide  averages
for  all  boards  of cooperative educational services.  Such report card
shall include any information required by the commissioner.
  S 4. Subdivision 24 of section 2554 of the education law,  as  amended
by chapter 91 of the laws of 2002, is amended to read as follows:
  24.  Each year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, and otherwise disseminating it as  required  by  the
commissioner.  Such  report  card shall include measures of the academic
performances of the school district, on a school by  school  basis,  and
measures of the fiscal performance of the district, as prescribed by the
commissioner,  INCLUDING,  BUT  NOT  LIMITED  TO,  THE PERCENTAGE OF THE
SCHOOL DISTRICT BUDGET THAT IS SPENT ON INSTRUCTIONAL EXPENSES.   Pursu-
ant  to  regulations  of  the  commissioner  the  report card shall also
compare these measures to statewide averages for all public schools, and
statewide averages for public schools of  comparable  wealth  and  need,
developed  by  the  commissioner.  Such  report card shall include, at a
minimum, any information on the school district regarding pupil perform-
ance and expenditure per pupil required to be  included  in  the  annual
report  by  the  regents to the governor and the legislature pursuant to
section two hundred fifteen-a of this chapter; and any other information
required by the commissioner. School districts (i) identified as  having
fifteen  percent or more of their students in special education, or (ii)
which have fifty percent or more of their students with disabilities  in
special  education  programs  or  services  sixty percent or more of the
school day in a general education building, or (iii)  which  have  eight
percent or more of their students with disabilities in special education
programs  in public or private separate educational settings shall indi-
cate on their school district report card their  respective  percentages
as  defined in this paragraph and paragraphs (i) and (ii) of this subdi-
vision as compared to the statewide average.
  S 5. Subdivision 24 of section 2554 of the education law, as added  by
chapter 474 of the laws of 1996, is amended to read as follows:
  24.  In  every  city  school district in a city having a population of
less than one million inhabitants, each year,  the  board  of  education
shall  prepare a school district report card, pursuant to regulations of
the commissioner, and shall make it publicly available  by  transmitting
it to local newspapers of general circulation, appending it to copies of
the  proposed  budget made publicly available as required by law, making
it available for distribution  at  the  annual  meeting,  and  otherwise
disseminating it as required by the commissioner. Such report card shall
include measures of the academic performances of the school district, on
a  school by school basis, and measures of the fiscal performance of the
district, as prescribed by the commissioner, INCLUDING, BUT NOT  LIMITED
TO,  THE  PERCENTAGE  OF  THE  SCHOOL  DISTRICT  BUDGET THAT IS SPENT ON
INSTRUCTIONAL EXPENSES.  Pursuant to regulations of the commissioner the
report card shall also compare these measures to statewide averages  for
all  public schools, and statewide averages for public schools of compa-
rable wealth and need, developed by the commissioner. Such  report  card
shall  include,  at  a  minimum,  any information on the school district
regarding pupil performance and expenditure per  pupil  required  to  be

S. 1524                             4

included  in  the  annual  report by the regents to the governor and the
legislature pursuant to section two hundred fifteen-a of  this  chapter;
and any other information required by the commissioner. School districts
(i)  identified  as  having fifteen percent or more of their students in
special education, or (ii) which have fifty percent  or  more  of  their
students  with  disabilities  in  special education programs or services
sixty percent or more of the school day in a general education building,
or (iii) which have eight percent or more of their students  with  disa-
bilities  in  special  education  programs in public or private separate
educational settings shall indicate on their school district report card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
  S 6. Subdivision 8 of section 2590-e of the education law, as  amended
by chapter 123 of the laws of 2003, is amended to read as follows:
  8.  Each  year prepare a school district report card pursuant to regu-
lations of the commissioner, and shall make  it  publicly  available  by
transmitting it to local newspapers of general circulation, appending it
to  copies of the proposed budget made publicly available as required by
law, making it available for distribution at  the  annual  meeting,  and
otherwise  disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance  of  the  school
district,  on  a  school  by  school  basis,  and measures of the fiscal
performance of the district, as prescribed by the commissioner,  INCLUD-
ING,  BUT  NOT  LIMITED TO, THE PERCENTAGE OF THE SCHOOL DISTRICT BUDGET
THAT IS SPENT ON INSTRUCTIONAL EXPENSES.  Pursuant to regulations of the
commissioner, the report card  shall  also  compare  these  measures  to
statewide  averages  for  all public schools, and statewide averages for
public schools of comparable wealth and need, developed by  the  commis-
sioner. Such report card shall include, at a minimum, any information on
the  school  district  regarding  pupil  performance and expenditure per
pupil required to be included in the annual report by  the  requests  to
the  governor  and  the  legislature  pursuant  to  section  two hundred
fifteen-a of this chapter; and any other  information  required  by  the
commissioner.  School districts (i) identified as having fifteen percent
or more of their students in special education, or (ii) which have fifty
percent or more of their students with disabilities in special education
programs or services sixty percent or more of the school day in a gener-
al education building, or (iii) which have  eight  percent  or  more  of
their students with disabilities in special education programs in public
or  private separate educational settings shall indicate on their school
district report card their respective percentages  as  defined  in  this
paragraph and paragraphs (i) and (ii) of this subdivision as compared to
the statewide average.
  S  7. Subdivision 8 of section 2590-e of the education law, as amended
by chapter 720 of the laws of 1996, is amended to read as follows:
  8. Each year prepare a school district report card pursuant  to  regu-
lations  of  the  commissioner,  and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required  by
law,  making  it  available  for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such  report
card  shall  include  measures of the academic performance of the school
district, on a school by  school  basis,  and  measures  of  the  fiscal
performance  of the district, as prescribed by the commissioner, INCLUD-
ING, BUT NOT LIMITED TO, THE PERCENTAGE OF THE  SCHOOL  DISTRICT  BUDGET
THAT IS SPENT ON INSTRUCTIONAL EXPENSES.  Pursuant to regulations of the

S. 1524                             5

commissioner,  the  report  card  shall  also  compare these measures to
statewide averages for all public schools, and  statewide  averages  for
public  schools  of comparable wealth and need, developed by the commis-
sioner. Such report card shall include, at a minimum, any information on
the  school  district  regarding  pupil  performance and expenditure per
pupil required to be included in the annual report by  the  requests  to
the  governor  and  the  legislature  pursuant  to  section  two hundred
fifteen-a of this chapter; and any other  information  required  by  the
commissioner.  School districts (i) identified as having fifteen percent
or more of their students in special education, or (ii) which have fifty
percent or more of their students with disabilities in special education
programs or services sixty percent or more of the school day in a gener-
al education building, or (iii) which have  eight  percent  or  more  of
their students with disabilities in special education programs in public
or  private separate educational settings shall indicate on their school
district report card their respective percentages  as  defined  in  this
paragraph and paragraphs (i) and (ii) of this subdivision as compared to
the statewide average.
  S  8. Subdivision 7 of section 2601-a of the education law, as amended
by section 9 of part A of chapter 97 of the laws of 2011, is amended  to
read as follows:
  7.  Each  year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, and otherwise disseminating it as  required  by  the
commissioner.  Such  report  card shall include measures of the academic
performance of the school district, on a school  by  school  basis,  and
measures of the fiscal performance of the district, as prescribed by the
commissioner,  INCLUDING,  BUT  NOT  LIMITED  TO,  THE PERCENTAGE OF THE
SCHOOL DISTRICT BUDGET THAT IS SPENT ON INSTRUCTIONAL EXPENSES.   Pursu-
ant  to  regulations  of  the  commissioner,  the report card shall also
compare these measures to statewide averages for all public schools, and
statewide averages for public schools of  comparable  wealth  and  need,
developed  by  the  commissioner.  Such  report card shall include, at a
minimum, any information on the school district regarding pupil perform-
ance and expenditure per pupil required to be  included  in  the  annual
report  by  the  regents to the governor and the legislature pursuant to
section two hundred fifteen-a of this chapter; and any other information
required by the commissioner. School districts (i) identified as  having
fifteen  percent or more of their students in special education, or (ii)
which have fifty percent or more of their students with disabilities  in
special  education  programs  or  services  sixty percent or more of the
school day in a general education building, or (iii)  which  have  eight
percent or more of their students with disabilities in special education
programs  in public or private separate educational settings shall indi-
cate on their school district report card their  respective  percentages
as  defined in this paragraph and paragraphs (i) and (ii) of this subdi-
vision as compared to the statewide average.
  S 9. Paragraph (a) of subdivision 2 of section 2857 of  the  education
law,  as  amended by chapter 101 of the laws of 2010, is amended to read
as follows:
  (a) a charter school report card, which shall include measures of  the
comparative academic and fiscal performance of the school, as prescribed
by  the commissioner in regulations adopted for such purpose. Such meas-

S. 1524                             6

ures shall include, but not be limited  to,  graduation  rates,  dropout
rates,  performance  of  students  on  standardized tests, college entry
rates, total spending per [pupil], and administrative spending per pupil
AND  THE  PERCENTAGE  OF  THE  SCHOOL  DISTRICT  BUDGET THAT IS SPENT ON
INSTRUCTIONAL EXPENSES.  Such measures shall be presented  in  a  format
that  is  easily  comparable to similar public schools. In addition, the
charter school shall ensure that such information is  easily  accessible
to  the community including making it publicly available by transmitting
it to local newspapers of general circulation and  making  it  available
for distribution at board of trustee meetings.
  S 10. Section 2 of the education law is amended by adding a new subdi-
vision 20 to read as follows:
  20. INSTRUCTIONAL EXPENSES. FOR PURPOSES OF SUBDIVISION SIX OF SECTION
SIXTEEN  HUNDRED  EIGHT,  SUBDIVISION  SIX  OF SECTION SEVENTEEN HUNDRED
SIXTEEN, PARAGRAPH KK OF SUBDIVISION FOUR OF  SECTION  NINETEEN  HUNDRED
FIFTY,   SUBDIVISION   TWENTY-FOUR   OF   SECTION   TWENTY-FIVE  HUNDRED
FIFTY-FOUR, SUBDIVISION EIGHT OF SECTION TWENTY-FIVE  HUNDRED  NINETY-E,
SUBDIVISION SEVEN OF SECTION TWENTY-SIX HUNDRED ONE-A, AND PARAGRAPH (A)
OF  SUBDIVISION  TWO OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS
CHAPTER, THE TERM "INSTRUCTIONAL EXPENSES" MEANS: A.   THE  SUM  OF  ALL
EXPENDITURES  IN  THE  SCHOOL YEAR DIRECTLY RELATED TO THE INSTRUCTIONAL
PROGRAM  IN  GRADES  PRE-KINDERGARTEN  THROUGH  TWELVE  OF  THE   SCHOOL
DISTRICT, EXCLUSIVE OF TUITION PAID TO ANOTHER PUBLIC SCHOOL DISTRICT OR
TO  AN  INSTITUTION,  OTHER  THAN  TUITION  PAID  PURSUANT TO A CONTRACT
AUTHORIZED BY ARTICLE  EIGHTY-NINE  OF  THIS  CHAPTER.  SUCH  SUM  SHALL
INCLUDE GENERAL FUND, SPECIAL AID FUND, AND RISK RETENTION FUND EXPENSES
REPORTED  IN THE ANNUAL FINANCIAL REPORT OF THE DISTRICT FOR THE FOLLOW-
ING PURPOSES:
  (I) CURRICULUM DEVELOPMENT AND SUPERVISION;
  (II) SUPERVISION - REGULAR SCHOOL;
  (III) SUPERVISION - SPECIAL SCHOOLS;
  (IV) RESEARCH, PLANNING AND EVALUATION;
  (V) INSERVICE TRAINING - INSTRUCTION;
  (VI) TEACHING - REGULAR SCHOOL;
  (VII) PROGRAM FOR CHILDREN WITH DISABILITIES;
  (VIII) OCCUPATIONAL EDUCATION;
  (IX) TEACHING - SPECIAL SCHOOLS;
  (X) PRE-KINDERGARTEN PROGRAM;
  (XI) SCHOOL LIBRARY AND AUDIOVISUAL;
  (XII) EDUCATIONAL TELEVISION;
  (XIII) COMPUTER ASSISTED INSTRUCTION;
  (XIV) ATTENDANCE - REGULAR SCHOOL;
  (XV) GUIDANCE - REGULAR SCHOOL;
  (XVI) HEALTH SERVICES - REGULAR SCHOOL;
  (XVII) PSYCHOLOGICAL SERVICES - REGULAR SCHOOL;
  (XVIII) SOCIAL WORK SERVICES - REGULAR SCHOOL;
  (XIX) PUPIL PERSONNEL SERVICES - SPECIAL SCHOOLS;
  (XX) CO-CURRICULAR ACTIVITIES - REGULAR SCHOOL;
  (XXI) INTERSCHOLASTIC ATHLETICS - REGULAR SCHOOL;
  (XXII) EMPLOYEE BENEFITS AS DETERMINED PURSUANT TO PARAGRAPH B OF THIS
SUBDIVISION; AND
  (XXIII) FOR ANY OTHER PURPOSES THAT SHALL BE IDENTIFIED BY THE COMMIS-
SIONER.
  B. THE COST OF EMPLOYEE  BENEFITS  TO  BE  INCLUDED  IN  INSTRUCTIONAL
EXPENSE  SHALL  BE CALCULATED BY MULTIPLYING THE RATIO OF TOTAL EXPENDI-
TURES FOR  EMPLOYEE  BENEFITS,  INCLUDING  EXPENDITURES  FROM  THE  RISK

S. 1524                             7

RETENTION  FUND FOR PURPOSES OF EMPLOYEE BENEFIT CLAIMS RELATED TO SALA-
RIES PAID FROM THE GENERAL AND SPECIAL AID FUNDS, TO TOTAL  EXPENDITURES
FOR SALARIES, BOTH AS RECORDED IN THE GENERAL FUND AND SPECIAL AID FUND,
BY  THE TOTAL EXPENDITURES FOR SALARIES, AS RECORDED IN THE GENERAL FUND
AND SPECIAL AID FUND, FOR THOSE PURPOSES LISTED IN PARAGRAPH A  OF  THIS
SUBDIVISION. SUCH RATIO SHALL BE EXPRESSED AS A DECIMAL CARRIED TO THREE
DECIMAL  PLACES  WITHOUT  ROUNDING, AND SUCH CALCULATED COST OF EMPLOYEE
BENEFITS SHALL BE EXPRESSED AS A WHOLE NUMBER ROUNDED  UP  TO  THE  NEXT
WHOLE DOLLAR.
  S  11. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided that:
  1. the amendments to subdivision 24 of section 2554 of  the  education
law  made by section four of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 34 of  chapter  91
of  the  laws of 2002, as amended, when upon such date the provisions of
section five of this act shall take effect;
  2. the amendments to subdivision 8 of section 2590-e of the  education
law  made  by section six of this act shall be subject to the expiration
and reversion of such section pursuant to section 34 of  chapter  91  of
the  laws  of  2002,  as  amended, when upon such date the provisions of
section seven of this act shall take effect; and
  3. the amendments to subdivision 7 of section 2601-a of the  education
law made by section eight of this act shall not affect the expiration of
such section and shall be deemed to expire therewith.

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