Permits BOCES to contract with third party vendors for approved technology activities and services at the request of two or more school districts; allows the commissioner of education to approve such technology activities and services as aidable shared services under certain circumstances.

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S2451-2013 Actions

• Jan 17, 2013: REFERRED TO EDUCATION

S2451-2013 Memo

BILL NUMBER:S2451

TITLE OF BILL:  An act to amend the education law, in relation to
third party contracting for technology services as aidable shared
services and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:  To allow contract with third party vendors for approved
technology at the request of two or more school districts when the
Board of Cooperative Education Services demonstrates that such
activities and services require special skills or expertise not
available through full-time employees of the BOCES.

SUMMARY OF PROVISIONS:  Subdivision 4 of � 1950 of the Education Law
is amended by adding a new paragraph oo.

Subdivision 5 of � 1950 of the Education Law is amended.

JUSTIFICATION:  Approved technology activities and services must be
available to all students. The lack of special skill or expertise not
available through full-time employees should not be a reason for these
services to not be available to students.

FISCAL IMPLICATIONS:None

PRIOR LEGISLATIVE HISTORY:  2000- Senate Education Cmte./Assemblv
Education Cmte.  2001-02 - Senate Education Cmte.  2003-04 - Senate
Education Cmte.  2005-06 - Senate Education Cmte.  2009-10 - Senate
Education Crate.  2011-12 - Senate Education Cmte.

EFFECTIVE DATE:  This act shall take effect July 1, 2014, provided
that the provisions of this act shall expire and be deemed repealed on
July 1, 2016.

S2451-2013 Text

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

                                    2451

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 17, 2013
                                 ___________

  Introduced  by Sen. FLANAGAN -- 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 third party  contract-
    ing  for  technology services as aidable shared services and providing
    for the repeal of such provisions upon expiration thereof

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


    Section  1.  Subdivision  4  of  section  1950 of the education law is
  amended by adding a new paragraph oo to read as follows:

    OO. TO CONTRACT WITH  THIRD  PARTY  VENDORS  FOR  APPROVED  TECHNOLOGY
  ACTIVITIES  AND SERVICES AT THE REQUEST OF TWO OR MORE SCHOOL DISTRICTS,
  IN CONJUNCTION WITH A CONTRACT FOR THE PURCHASE OF TECHNOLOGY  EQUIPMENT
  PURSUANT TO PARAGRAPH JJ OF THIS SUBDIVISION OR ANY OTHER SHARED SERVICE
  AUTHORIZED  UNDER  THIS  SUBDIVISION.  THE COMMISSIONER MAY APPROVE SUCH
  TECHNOLOGY ACTIVITIES AND SERVICES AS AIDABLE SHARED SERVICES,  PROVIDED
  THAT  THE  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES DEMONSTRATES THAT
  SUCH  ACTIVITIES  AND  SERVICES  REQUIRED  CANNOT  BE  SUPPLIED  THROUGH
  FULL-TIME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DUE
  TO  INSUFFICIENT  QUALIFIED  STAFF OR LACK OF REQUIRED SPECIAL SKILLS OR
  EXPERTISE.
    S 2. Subdivision 5 of section 1950 of the education law is amended  by
  adding a new paragraph i to read as follows:

    I.  FOR  THE  PURPOSES OF COMPUTING THE APPORTIONMENT PURSUANT TO THIS
  SUBDIVISION, THE  AIDABLE  COST  OF  SERVICES  FOR  APPROVED  TECHNOLOGY
  SERVICES PROVIDED THROUGH CONTRACTUAL AGREEMENT BETWEEN A BOARD OF COOP-
  ERATIVE  EDUCATIONAL SERVICES AND A THIRD PARTY VENDOR PURSUANT TO PARA-
  GRAPH OO OF SUBDIVISION FOUR OF THIS SECTION, EXCLUSIVE OF ANY COSTS FOR
  THE PURCHASE OF TECHNOLOGY EQUIPMENT OR SUPPLIES, SHALL EQUAL THE  PROD-
  UCT  OF  SUCH  COSTS ALLOCATED TO EACH COMPONENT SCHOOL DISTRICT BY SUCH
  BOARD OF COOPERATIVE EDUCATIONAL SERVICES MULTIPLIED BY THE QUOTIENT  OF
  THE  TOTAL  AMOUNT  ALLOCATED  TO ALL COMPONENT SCHOOL DISTRICTS FOR THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07049-01-3

 S. 2451                             2

  COST OF ALL OTHER AIDABLE SHARED SERVICES, EXCLUDING THAT  PART  OF  THE
  SALARY  PAID  ANY  TEACHER, SUPERVISOR OR OTHER EMPLOYEE OF THE BOARD OF
  COOPERATIVE EDUCATIONAL SERVICES WHICH IS IN EXCESS OF  THIRTY  THOUSAND
  DOLLARS,  DIVIDED  BY THE TOTAL AMOUNT ALLOCATED TO ALL COMPONENT SCHOOL
  DISTRICTS FOR THE COST  OF  ALL  SUCH  OTHER  AIDABLE  SHARED  SERVICES,
  INCLUDING  THAT PART OF THE SALARY PAID ANY TEACHER, SUPERVISOR OR OTHER
  EMPLOYEE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  WHICH  IS  IN
  EXCESS OF THIRTY THOUSAND DOLLARS.
    S  3.  This  act  shall  take  effect  July 1, 2014, provided that the
  provisions of this act shall expire and be deemed repealed July 1, 2016.