Relates to the powers and duties of boards of cooperative educational services.
TITLE OF BILL: An act to amend the education law, in relation to authorizing boards of cooperative educational services to enter into contracts with public libraries for high-speed telecommunications services
PURPOSE: To grant to any Board of Cooperative Educational Services (BOCES), the ability to enter into contracts with public or association libraries or library systems to provide telecommunications services.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph h of subdivision 4 of section 1950 of education law by adding a new subparagraph 11 which grants to boards of cooperative educational services (BOCES) the ability to enter into contracts with public or association libraries or library systems to provide telecommunications services.
EXISTING LAW: Currently BOCES are not authorized to enter into these types of contracts.
JUSTIFICATION: Many BOCES have invested significant sums of money in developing their own telecommunications networks including high-speed Internet service. Public libraries, throughout the State have a similar need to access telecommunication services including high speed Internet services, but have not been able to invest the money needed to create their own systems. This measure would allow libraries to access already established telecommunication services and to share the costs of maintaining such a system at a reduced cost for both parties in the contract.
LEGISLATIVE HISTORY: 2011-12: S.1573A - Passed assembly; Died in Rules S.4634-A/A.8673-A of 2009-2010 - Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Effective 120 days after it has become law.
STATE OF NEW YORK ________________________________________________________________________ 1569 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sens. OPPENHEIMER, MONTGOMERY, SERRANO -- 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 SERVICESEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00915-01-1 S. 1569 2
(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 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.