Bill S3874A-2009

Relates to streamlining planning and reporting requirements for school districts and boards of cooperative educational services; repealer

Relates to streamlining planning and reporting requirements for school districts and boards of cooperative educational services and repeals certain provisions of the education law relating to reporting requirements.

Details

Actions

  • Mar 15, 2010: referred to education
  • Mar 15, 2010: DELIVERED TO ASSEMBLY
  • Mar 15, 2010: PASSED SENATE
  • Mar 15, 2010: ORDERED TO THIRD READING CAL.255
  • Mar 15, 2010: REPORTED AND COMMITTED TO RULES
  • Mar 2, 2010: REPORTED AND COMMITTED TO FINANCE
  • Feb 24, 2010: PRINT NUMBER 3874A
  • Feb 24, 2010: AMEND AND RECOMMIT TO EDUCATION
  • Jan 6, 2010: REFERRED TO EDUCATION
  • Jul 16, 2009: COMMITTED TO RULES
  • Apr 28, 2009: ADVANCED TO THIRD READING
  • Apr 27, 2009: 2ND REPORT CAL.
  • Apr 22, 2009: 1ST REPORT CAL.220
  • Apr 22, 2009: COMMITTEE DISCHARGED AND COMMITTED TO EDUCATION
  • Apr 21, 2009: REPORTED AND COMMITTED TO FINANCE
  • Apr 2, 2009: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - Mar 2, 2010
Ayes (18): Oppenheimer, Montgomery, Breslin, Serrano, Johnson C, Espada, Squadron, Stavisky, Huntley, Addabbo, Foley, Flanagan, Saland, LaValle, Seward, Marcellino, Little, Padavan
Excused (1): Morahan
VOTE: COMMITTEE VOTE: - Rules - Mar 15, 2010
Ayes (17): Smith, Espada, Stachowski, Montgomery, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Skelos, Padavan, Volker, Seward, Hannon
Ayes W/R (6): Duane, Johnson O, Farley, LaValle, Larkin, Saland

Memo

 BILL NUMBER:  S3874A

TITLE OF BILL :

An act to amend the education law, in relation to the streamlining of planning and reporting requirements for school districts and boards of cooperative educational services; and to repeal subdivision 32 of section 305 of such law relating to a study of reporting requirements, to repeal section 805 of such law relating to special procedures for enforcement of the health education curriculum, to repeal clause (e) of subparagraph 5 of paragraph b of subdivision 1 of section 4402 of such law relating to annual reports on transition of students with disabilities, and to repeal paragraph b of subdivision 1 of section 4452 of such law relating to submission of a plan for the identification and education of gifted pupils

PURPOSE OF THE BILL :

To streamline planning and reporting requirements placed on school districts and boards of cooperative educational services (BOCES) by reducing duplicative and burdensome separate reporting systems. The bill gives the Commissioner of Education the responsibility to reduce the paperwork burden on schools, conforms state planning and reporting requirements to federal requirements, and defines the purposes of school district planning and reporting.

SUMMARY OF PROVISIONS OF THE BILL :

Section 1 of the bill names the act as "the School Paperwork Elimination and Reduction Act of 2010".

Section 2 makes legislative findings to express the intent of the act, which implements recommendations concerning the elimination of various unneeded statutorily required planning and reporting requirements and the reduction of scope of other statutorily required planning and reporting requirements. contained in a 2003 Commissioner's report to the Governor and Legislature recommending a new comprehensive streamlined reporting system. The bill proposes that the Legislature find that the creation of a comprehensive planning and reporting system is a necessary component to the reduction of scope and elimination of certain existing planning and reporting requirements.

Section 3 would amend the Education Law by adding a new section 101-b. The new section would:

o Give the Commissioner the responsibility to reduce the paperwork burden, while focusing planning and reporting on student results rather than the processes to achieve them.

o Require the Commissioner to conform state reporting and planning requirements to federal requirements, where possible, and to seek federal waivers where needed to align state and federal requirements, provided, however, that nothing in the section would excuse the Commissioner or the Board of Regents from reporting information by the Department to the Legislature or the Governor under any other law.

o Define the purposes of planning and reporting as follows: assuring fiscal and programmatic accountability, fostering continuous school improvement and closing the student achievement gap, assuring the provision of a safe and secure environment and protecting the health and safety of students.

o Define the Commissioner's responsibility to collaborate with selected school districts and boards of cooperative educational services (BOCES) to promote better use of required planning and reporting, identify best practices, provide for the sharing of effective planning practices, and provide technical assistance on the use of data in planning to school board members.

o Allow school districts, BOCES and charter schools, with certain exceptions, to fulfill any requirement that reports and plans be submitted to or filed with the Department by posting such report or plan on their websites; provided the Department is afforded timely electronic notification of the website address and the posting. The exceptions would be the filing of State aid claims or other situations where the Department requires information or data to be submitted to the Department electronically through its data systems or website, or otherwise, or where posting of a plan, report or application on a website could violate confidentiality requirements under State or federal law.

Section 4 would repeal subdivision 32 of section 305 of the Education Law, which required the Commissioner to conduct the 2003 study on streamlining school district planning and reporting.

Section 5 would repeal section 805 of the Education Law, which gives the Commissioner the authority to withhold all public funds from school districts that fail to provide health education instruction regarding alcohol, drugs, tobacco abuse and the prevention and detection of certain cancers, as required by section 804 of the Education Law.

Section 6 would amend subdivision 2 of section 806 of the Education Law concerning instruction in highway safety and traffic regulation, including bicycle safety. The amendment would continue the requirement for school districts to provide the instruction but eliminate specific details, including the Commissioner's inspection and oversight of such instruction and the Commissioner's authority to withhold public school money for noncompliance.

Section 7 would amend subparagraph 5 of paragraph b of subdivision 4 of section 1950 of the Education Law to eliminate an outdated requirement for BOCES to separate its program, capital and administrative costs for the 1994-95 school year budget.

Section 8 would amend paragraph c of subdivision 4 of section 1950 of the Education Law to continue the requirement that BOCES prepare long-range program plans, but to change the required submission to the State Education Department and instead require the plan to be on file and available for public inspection and review by the Commissioner as needed. This section would eliminate the requirement that BOCES submit sections of the plan pertaining to special education and career education programs every two years and provide that such plans may be incorporated into a BOCES district-wide comprehensive plan.

Section 9 would amend subparagraphs 3 and 4 of paragraph d of subdivision 4 of section 1950 of the Education Law to eliminate requirements for BOCES to submit to the State Education Department:

o Contract signatures to ensure that BOCES and school districts have signed contracts for cooperative services;

o Amendments to the BOCES adopted budget, which also are no longer required to be submitted pursuant to this act; and

Section 10 would amend paragraph kk of subdivision 4 of section 1950 of the Education Law concerning the BOCES report card. The amendment would delete reference to including in the report card specific information included in the Regents annual report to the Governor and the Legislature pursuant to section 215-a of the Education Law. The Commissioner would continue to have the responsibility to provide certain information needed to ensure the accountability of BOCES pursuant to section 215-b of the Education Law.

Section 11 would amend subdivision 2 of section 2201 of the Education Law to allow, rather than require, the Commissioner of Education to conduct a supervisory district reorganization study whenever the Commissioner receives a letter of resignation from a district superintendent of schools.

Section 12 would amend subdivision 5 of section 2802 of the Education Law to change the date from January 1 to April 1 for the Commissioner to report to the Regents, Governor and Legislature on the prevalence of violence and disruptive incidents in public schools and the effectiveness of school programs undertaken to reduce violence and assure the safety and security of students and school personnel. It would further amend this section to eliminate the requirement that the Commissioner identify specifically the school and school district with the least and greatest incidence of violent and disruptive incidents and least and most improvement, but require the Commissioner to compare the incidence of violent and disruptive incidents of schools, school districts and boards with other schools, school districts and boards based on similarity in size, grade levels and other characteristics, rather than reporting on the schools and districts with the highest and lowest incidence of violent and disruptive incidents in the State. These changes are proposed to make such reporting more objective and less open to interpretations that may go beyond the limitations of data the Department can collect.

Section 13 would amend paragraph f of subdivision 11 of section 3602 of the Education Law to require school districts and BOCES to eliminate the requirement to submit a plan of service and evaluation for approval of the Commissioner, in order to receive aid for Employment Preparation Education programs. The amendment would continue to require submission of an annual application for the payment of aid, to be approved by the Commissioner.

Section 14 would amend paragraph b of subdivision 8 of section 3602 of the Education Law to fully eliminate the requirement that school districts submit to the Commissioner plans of service for these three categorical aid programs and to replace such requirement with a requirement that the district plans of service be kept on file and available for public inspection.

Section 15 would repeal clause (e) of subparagraph (5) of paragraph b of subdivision 1 of section 4402 of the Education Law to no longer require that school district committees on special education and multidisciplinary teams submit annual reports to the Department relating to transition of students with disabilities to adult services.

Section 16 would repeal paragraph b of subdivision 1 of section 4452 of the Education Law to eliminate !he requirement that school districts submit to the Commissioner a plan for the education and identification of gifted and talented students as a condition of receipt of state funds for the education of gifted and talented students.

Section 17 is the effective date.

STATEMENT IN SUPPORT OF THE BILL :

Subdivision 32 of Section 305 of the Education Law, as added by section 1 of part H of Chapter 83 of the Laws of 2002, requires the Commissioner to conduct a review of all plans, applications and reports that school districts are required to submit to the State Education Department by laws, regulations or administrative action. This 2002 law further requires the Commissioner to submit a report on plans for streamlining such requirements to reduce duplicative reporting. In his report issued June 1, 2003, the Commissioner found that federal and State law and Commissioner's regulations require school districts to submit approximately 150 plans, applications and reports to the State Education Department annually. These requirements have been in place for decades to respond to a variety of different needs for school improvement, accountability and financial reporting. During this period, the state's technological capacity has grown, federal and state governments have implemented a results-oriented school accountability system, and Department staff has been reduced. The Commissioner has recommended "a new, comprehensive, streamlined system aligned with the expectations inherent in a results-oriented, standards-based education system." This legislation would streamline school district and BOCES planning and reporting by reducing duplicative and burdensome separate reporting systems. It would not, however, eliminate reporting requirements that have been determined to be necessary to maintain fiscal and programmatic accountability for school districts or to protect the health or safety of students or staff.

Accordingly, this bill would require the Commissioner to reduce the paperwork burden while focusing planning and reporting on student results. The bill would require the Commissioner to conform state reporting and planning requirements to federal requirements where possible, and to seek federal waivers where needed to align state and federal requirements. Where school districts, BOCES or charter schools are required by law to file plans or reports with the Department, this bill would allow them to fulfill those requirements by posting on their websites, with appropriate electronic notice to the Department, rather than submitting paper forms. This would not apply to the filing of State aid claims or other instances in which the Department requires electronic submission of data to the Department's data systems or websites, or where posting would violate confidentiality requirements.

The bill would limit educational planning and reporting to the following purposes: assuring fiscal and programmatic accountability, fostering continuous school improvement and closing the student achievement gap, and assuring a safe and secure environment and protecting the health and safety of students.

To reduce the paperwork burden on school districts and BOCES, the bill would eliminate or streamline various specific reporting requirements currently imposed by statute. Particularly, the bill would eliminate or streamline a series of reporting requirements currently imposed on BOCES. BOCES reporting requirements often require data from component districts that is a burden on school districts to compile and on BOCES to coordinate and report, so streamlining them would have a dual benefit. Thus, the bill would eliminate requirements that BOCES: report on the cost-effectiveness of instructional and non-instructional technology acquired through the BOCES by component school districts; submit detailed data on unit costs for shared services to the Commissioner, submit a copy of their administrative budget to the Commissioner; and submit their long-range plans to the Commissioner. Other changes would make it permissive, rather than mandatory, for the Commissioner to conduct a survey of the need for reorganization of a BOCES when there is a vacancy in the position of district superintendent of schools, limit the data that the Commissioner must submit in the annual report on BOCES to information necessary to assure accountability and eliminate certain obsolete provisions relating to BOCES planning and reporting.

The bill also would provide direct relief to school districts by eliminating mandated annual reporting on students with disabilities transitioning to adult services. The required annual report which identifies the type and severity of each student's disability and other aging out information is no longer necessary because, subsequent to the enactment of this State requirement, the federal individuals with Disabilities Act (IDEA) added individual student transition planning requirements that included the requirement that school districts involve other agencies likely responsible for providing or paying for transition services in the CSE meetings for each individual student. Thus, the federal individual student transition planning requirement provides other State agencies with the student specific information necessary to plan for the need of adult services.

Once this proposal is enacted, the Department would be able to amend its regulations to eliminate or consolidate school district planning and reporting requirements in statute and to identify for elimination any duplicative or unnecessary requirements imposed by regulation. At the same time, the Department is continuing with the development and implementation of improved technology-based data reporting systems for school districts and BOCES. Those systems are being designed to supply the data needed for accountability purposes while eliminating duplicative reporting, compressing multiple reports into a limited number of reports and making it easier for school district personnel to submit data. The cumulative effect of these efforts will be a substantial reduction in the paperwork burden on school districts and BOCES and a focus on collecting only the data necessary to comply with federal requirements and ensure that there is fiscal and programmatic accountability.

BUDGETARY IMPLICATIONS OF THE BILL :

This bill would produce considerable savings in staff time and printing and mailing at the state and local levels for preparing and reviewing separate and, in many instances, duplicative information requirements. Although the savings in staff time would not generally allow school districts to reduce staffing levels, the bill will enable school districts to reduce staffing levels, the bill will enable school district administrative staff to focus their attention on managing the district to maximize teaching and learning growth rather than complying with duplicative reporting requirements. This bill would create no additional cost to the state or school districts.

PRIOR LEGISLATIVE HISTORY :

In 2005, this bill was introduced in the Senate as S.5416. S.5416 passed the Senate, was referred to the Assembly Education Committee and no further action was taken. In 2006, S.5416 again passed the Senate, was recalled and amended. S.5416-A passed the Senate, was referred to the Assembly Education Committee and no further action was taken. An identical bill was also introduced in the Assembly in 2006 as A.11787, which was referred to the Assembly Education Committee and no further action was taken.

In 2007, this bill was introduced in the Senate as S.1773-A. S.I773-A passed the Senate, was referred to the Assembly Education Committee and no further action was taken. In 2007, an identical bill was introduced in the Assembly as A.8687-A. A.8687-A was referred to the Assembly Education Committee and no further action was taken. In 2008, S.1773-A was returned to the Senate, passed the Senate, was referred to the Assembly Education Committee, and no further action was taken.

In 2009, this bill was introduced in the Senate as S.3874. S.3874 was referred to the Senate Education Committee, reported and committed to the Senate Finance Committee, discharged from said Committee and referred back to the Senate Education Committee where it advanced to a third reading and then was committed to the Senate Rules Committee. No further action was taken. An identical bill was introduced in the Assembly as A.7568. A.7568 was referred to the Assembly Education Committee, and no further action was taken.

EFFECTIVE DATE : This bill specifies that the act will take effect immediately; however, the Commissioner will be required to promulgate any rules or regulations needed to implement the provisions of this act on or before July 1, 2011.

Text

STATE OF NEW YORK ________________________________________________________________________ 3874--A 2009-2010 Regular Sessions IN SENATE April 2, 2009 ___________
Introduced by Sen. OPPENHEIMER -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Commit- tee 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 streamlining of planning and reporting requirements for school districts and boards of cooperative educational services; and to repeal subdivision 32 of section 305 of such law relating to a study of reporting requirements, to repeal section 805 of such law relating to special procedures for enforcement of the health education curriculum, to repeal clause (e) of subparagraph 5 of paragraph b of subdivision 1 of section 4402 of such law relating to annual reports on transition of students with disabilities, and to repeal paragraph b of subdivision 1 of section 4452 of such law relating to submission of a plan for the identifica- tion and education of gifted pupils THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as "the school paperwork elimination and reduction act of 2010". S 2. Legislative findings. The legislature hereby finds and declares that the current required planning and reporting requirements for school districts and BOCES have become excessive, resulting in significant administrative burdens. The legislature further finds that chapter 83 of the laws of 2002 added subdivision 32 to section 305 of the education law which required the commissioner of education to complete a review of all applications, plans and reports required of school districts and BOCES. The legislature further finds that the commissioner of education provided the legislature and the division of the budget on June 1, 2003, with a report entitled "A Proposal on Planning and Reporting by New York
State School Districts for the Strategic Use of School Resources for School Improvement" which included a proposal to replace existing plan- ning and reporting requirements with a new comprehensive streamlined reporting system. The legislature further finds that this act implements those portions of the commissioner of education's report which addressed state statuto- rily required planning and reporting requirements by eliminating such requirements and by reducing the scope of other statutorily required planning and reporting requirements. The legislature further finds that the creation of a comprehensive planning and reporting system is a necessary component to a reduction in scope and elimination of certain existing planning and reporting requirements. S 3. The education law is amended by adding a new section 101-b to read as follows: S 101-B. PAPERWORK REDUCTION. 1. IT SHALL BE THE DUTY OF THE COMMIS- SIONER TO REDUCE THE PAPERWORK BURDEN ON SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES BY ELIMINATING AND AVOIDING DUPLICATIVE REPORTING REQUIREMENTS WHEREVER POSSIBLE, AND BY CONSOLIDATING PLANS, REPORTS AND APPLICATIONS, WHERE POSSIBLE AND CONSISTENT WITH LAW. THE COMMISSIONER SHALL CONFORM STATE REPORTING AND PLANNING REQUIREMENTS TO FEDERAL REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK FEDERAL WAIVERS WHERE NEEDED TO ALIGN STATE AND FEDERAL REQUIREMENTS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXCUSE THE COMMISSIONER OR THE BOARD OF REGENTS FROM, OR OTHERWISE LIMIT, REPORTING OF INFORMATION BY THE DEPARTMENT TO THE LEGISLATURE OR THE GOVERNOR UNDER ANY OTHER LAW. 2. THE COMMISSIONER SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND APPLICATIONS REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS OF COOPER- ATIVE EDUCATIONAL SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELEC- TRONIC DATA COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT REPORTING, CONNECT PLANNING AND REPORTING, AND WHICH FOCUS ON COLLECTING DATA AND REQUIRING PLANNING WHEN NECESSARY TO ASSURE FISCAL AND PROGRAMMATIC ACCOUNTABILITY AND COMPLIANCE WITH LAW, TO FOSTER CONTINUOUS SCHOOL IMPROVEMENT AND CLOSE THE GAP BETWEEN ACTUAL AND DESIRED STUDENT ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE AND SECURE ENVIRONMENT AND/OR PROTECT THE HEALTH AND SAFETY OF STUDENTS AND STAFF. SUCH SYSTEMS SHALL LINK PLANNING AND REPORTING TO THE STATE SYSTEM OF ACCOUNTABILITY REQUIRED UNDER FEDERAL LAW, PROVIDING FOR AN AUDIT BASED ASSESSMENT OF RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL PERFORMANCE OR IMPROPER MANAGEMENT OR USE OF PUBLIC FUNDS. THE COMMISSIONER SHALL COLLABORATE WITH SELECTED SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO PROMOTE BETTER USE OF REQUIRED PLANNING AND REPORTING AND SHALL ASSURE THAT REPORTING REQUIREMENTS INCLUDE DATA WHICH CAN BE USED TO IDENTIFY BEST PRACTICES. THE COMMISSIONER SHALL PROVIDE FOR THE SHAR- ING OF EFFECTIVE PLANNING PRACTICES WITH SCHOOL DISTRICTS AND, TO THE EXTENT PRACTICABLE, SHALL PROVIDE TECHNICAL ASSISTANCE ON THE USE OF DATA FOR PLANNING, INVOLVE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND INSTITUTIONS OF HIGHER EDUCATION IN PROVIDING TECHNICAL ASSISTANCE ON THE USE OF DATA FOR STRATEGIC PLANNING TO SUPERINTENDENTS OF SCHOOLS, SCHOOL BUSINESS OFFICIALS AND TEACHERS, INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION, AND, TO THE EXTENT PRACTICABLE, PROVIDE TECHNI- CAL ASSISTANCE OR TRAINING ON THE USE OF DATA IN PLANNING TO SCHOOL BOARD MEMBERS. 3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR CHARTER SCHOOL MAY SATISFY ANY REQUIREMENT IMPOSED BY LAW THAT A PLAN, REPORT OR APPLICATION BE FILED
WITH, OR SUBMITTED TO, THE COMMISSIONER OR DEPARTMENT BY POSTING SUCH DOCUMENT ON THE WEBSITE OF SUCH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR CHARTER SCHOOL WITH THE DATE OF POSTING DISPLAYED AND PROVIDING TIMELY ELECTRONIC NOTIFICATION TO THE DEPARTMENT OF THE APPLICABLE WEB ADDRESS AND THE POSTING IN THE MANNER PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY RULES OR REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE FILING OF STATE AID CLAIMS OR OTHER SITUATIONS IN WHICH THE DEPARTMENT REQUIRES INFORMATION OR DATA TO BE SUBMITTED TO THE DEPARTMENT ELECTRONICALLY THROUGH THE DEPARTMENT'S DATA SYSTEMS OR WEBSITE OR OTHERWISE, OR WHERE POSTING OF A PLAN, REPORT OR APPLICATION ON A WEBSITE COULD VIOLATE CONFIDENTIALITY REQUIREMENTS UNDER STATE OR FEDERAL LAW, AND SHALL ONLY APPLY TO THE SUBMISSION OF PLANS, REPORTS AND APPLICATIONS REQUIRED BY FEDERAL LAW TO THE EXTENT CONSISTENT WITH FEDERAL REQUIREMENTS. S 4. Subdivision 32 of section 305 of the education law is REPEALED. S 5. Section 805 of the education law is REPEALED. S 6. Subdivision 2 of section 806 of the education law, as amended by chapter 946 of the laws of 1973, is amended to read as follows: 2. The regents shall determine the subjects to be included in such courses of instruction in highway safety and traffic regulation includ- ing bicycle safety, and the period of instruction in each of the grades in such subjects. [They shall adopt rules providing for attendance upon such instruction and for such other matters as are required for carrying into effect the teaching of the courses of instruction prescribed by this section. The commissioner of education shall be responsible for the enforcement of such section and shall cause to be inspected and supervise the instruction to be given in such subjects. The commissioner may, in his discretion, cause all or a portion of the public school money to be apportioned to a district or city to be withheld for failure of the school authorities of such district or city to provide instruc- tion in such courses and to compel attendance upon such instruction, as herein prescribed, and for a noncompliance with the rules of the regents adopted as herein provided.] S 7. Subparagraph 5 of paragraph b 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: (5) The trustees or board of education of each component school district of the board of cooperative educational services shall adopt a public resolution which shall approve or disapprove such tentative administrative budget at a regular or special meeting to be held within the component district on the date designated pursuant to subdivision two-a of this section as the date for election of members of the board of cooperative educational services, or in the case of the board of education of a central high school district on the regular business day next following such designated date. If the resolutions adopted by the trustees or boards of education of a majority of the component school districts of the board of cooperative educational services actually voting approve the tentative administra- tive budget, the board of cooperative educational services may adopt the tentative administrative budget without modification. If a majority of the component school districts actually voting fail to adopt resolutions approving such tentative administrative budget, or if the number of component school districts approving the budget equals the number of school districts disapproving the budget, the board of cooperative educational services shall prepare and adopt a contingency administra-
tive budget which shall not exceed the amount of the administrative budget of the board of cooperative educational services for the previous school year except to accommodate expenditure increases attributable to supplemental retirement allowances payable pursuant to section five hundred thirty-two of this chapter and section seventy-eight of the retirement and social security law. [For purposes of development of a budget for the nineteen hundred ninety-four--ninety-five school year, each board of cooperative educational services shall separate its program, capital and administrative costs for the nineteen hundred nine- ty-three--ninety-four school year in the manner prescribed by the commissioner, and shall submit the resulting separate administrative budget to the commissioner for approval. Upon approval of the commis- sioner, such separate administrative budget shall be deemed the adminis- trative budget of the board of cooperative educational services for the nineteen hundred ninety-three--ninety-four school year.] S 8. Paragraph c of subdivision 4 of section 1950 of the education law, as amended by chapter 301 of the laws of 1996, is amended to read as follows: c. Make or cause to be made surveys to determine the need for cooper- ative educational services in the supervisory district and present the findings of their surveys to local school authorities. Each board of cooperative educational services shall prepare long range program plans to meet the projected need for such cooperative educational services in the supervisory district for the next five years as may be specified by the commissioner, and shall [submit] KEEP ON FILE AND MAKE AVAILABLE FOR PUBLIC INSPECTION AND REVIEW BY THE COMMISSIONER such plans and there- after annual revisions of such plans [to the commissioner] on or before the first day of December of each year, [except that special education and career education program plans, in a form specified by the commis- sioner, shall be submitted every two years, no later than the date spec- ified by the commissioner, and revised annually] PROVIDED THAT SUCH PLANS MAY BE INCORPORATED INTO A BOARD OF COOPERATIVE EDUCATIONAL SERVICES DISTRICT-WIDE COMPREHENSIVE PLAN. S 9. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of section 1950 of the education law, as amended by chapter 474 of the laws of 1996, are amended to read as follows: (3) Requests for shared services; operating plan; required notice. Requests for such shared services shall be filed by component school districts with the board of cooperative educational services not later than the first day of February of each year, provided that such requests shall not be binding upon the component school district. The board of cooperative educational services shall submit its proposed annual oper- ating plan for the ensuing school year to the department for approval not later than the fifteenth day of February of each year. Such board shall, through its executive officer, notify each component school district on or before the tenth day of March concerning the services [which] THAT have been approved by the commissioner to be made available for the ensuing school year. Such notice shall set forth the local uniform cost of each such service, based on (i) anticipated partic- ipation in the ensuing school year, or (ii) participation in the current year, or (iii) a two or three year average including participation in the current year, which unit cost shall be the same for all participat- ing component districts and shall be based upon a uniform methodology approved annually by at least three-quarters of the participating compo- nent school districts after consultation by local school officials with their respective boards; provided, however, such unit cost shall be
subject to final adjustment for programs for students with disabilities based on actual participation in accordance with regulations of the commissioner. Notwithstanding the determination of the local uniform unit cost methodology selected in accordance with this paragraph, each board of cooperative education services shall annually report to the commissioner the [budgeted unit cost and, when available, the] actual unit cost of such programs and services, in accordance with both the local uniform unit cost methodology and a statewide uniform unit cost methodology prescribed by the commissioner by regulation, where the [budgeted statewide unit cost shall be based on the anticipated partic- ipation in the ensuing year and the] actual statewide unit cost shall be based on actual participation through the end of each year. (4) Contracts for shared services; allocation of costs. Each component school district shall on or before the first day of May following such notification notify the board of cooperative educational services of its intention to participate or not to participate in such shared services and the specific services which such district elects to utilize. Each participating component school district shall be required to pay the board of cooperative educational services for the cost of the services set forth in such notification, except for adjustments caused by subse- quent unanticipated changes in the district's enrollment. The board of cooperative educational services shall enter into contracts with its component school districts for such requested services. A copy of each executed contract for such purpose shall be [filed with the commissioner by] KEPT ON FILE WITH the board of cooperative educational services AND MADE AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST on or prior to the first day of August of each year. Notwithstanding the provisions of paragraph b of this subdivision, any component school district which does not elect to participate in any such specific cooperative services authorized under this paragraph shall not be required to pay any share of the moneys provided in the budget as salaries of teachers or other personnel employed in providing such service, for equipment and supplies for such service or for transportation of pupils to and from the place where such service is maintained. Provided, further, that a board of cooperative educational services may allocate the cost of such services to component school districts in accordance with terms agreed upon between such board and three-quarters of the boards of education and trustees of local school districts participating in the service. S 10. Paragraph kk of subdivision 4 of section 1950 of the education law, as added by section 13 of part A of chapter 436 of the laws of 1997, 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. 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[, at a minimum, any information of the
board of cooperative educational services 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. S 11. Subdivision 2 of section 2201 of the education law, as amended by chapter 295 of the laws of 1993, is amended to read as follows: 2. Whenever a vacancy hereafter occurs in the office of district superintendent of schools in any supervisory district or whenever the commissioner receives a letter of resignation from a district super- intendent, the commissioner [shall] MAY survey the field in the county where the vacancy occurred, and if it shall find that the continuance of the number of supervisory districts then existing is no longer necessary to serve adequately the educational interests of the county he or she shall be authorized to conduct a study to examine the possible reorgan- ization of such supervisory district if no such study has been conducted within five years. S 12. Subdivision 5 of section 2802 of the education law, as added by chapter 181 of the laws of 2000, is amended to read as follows: 5. By [January] APRIL first of each year, the commissioner shall report to the governor, the legislature and the regents concerning the prevalence of violence and disruptive incidents in the public schools, and the effectiveness of school programs undertaken to reduce violence and assure the safety and security of students and school personnel. The report shall summarize the information available from the incident reporting system, and [identify specifically the schools and school districts with the least and greatest incidence of violent and disrup- tive incidents, and the least and most improvement since the previous year or years] COMPARE THE INCIDENCE OF VIOLENT AND DISRUPTIVE INCIDENTS OF SCHOOLS AND SCHOOL DISTRICTS AND BOARDS WITH OTHER SCHOOLS AND SCHOOL DISTRICTS AND BOARDS BASED ON SIMILARITY IN SIZE AND GRADE LEVELS AND OTHER CHARACTERISTICS, INCLUDING STUDENT NEED AND RESOURCES, AS DETER- MINED BY THE COMMISSIONER. The report shall also, to the extent possi- ble, relate the results available from the incident reporting system, together with such other analysis and information as the commissioner determines is appropriate, to the effectiveness of school violence meas- ures undertaken by participating schools and school districts, including the school codes and school safety plans required by sections twenty- eight hundred one and twenty-eight hundred one-a of this article. S 13. Paragraph f of subdivision 11 of section 3602 of the education law, as added by chapter 82 of the laws of 1995 and such subdivision as renumbered by section 15 of part B of chapter 57 of the laws of 2007, is amended to read as follows: f. Approved [plan of service and program evaluation] APPLICATION. All school districts and BOCES desiring to operate an aidable program pursu- ant to this subdivision shall complete [a comprehensive plan of service] AN application, including a budget by program component[, together with an evaluation of the effectiveness of program components offered during the most recent July first through March thirtieth, if any]. Such [eval- uation and plan] APPLICATION shall be in a form prescribed by the commissioner and shall be submitted not later than [forty-five days after the provisions of this paragraph shall have become law, and not later than] May fifteenth [in] OF [subsequent] EACH school [years] YEAR. Within forty-five days of such deadline, and upon evaluation of such applications, the commissioner shall notify school districts and BOCES of those portions of such [plan of service] APPLICATION that will be
aidable in the school year ahead after making a determination that approval of such [programs] APPLICATION will assure maximum effective- ness, geographic availability and lack of duplication of such programs, support for educational initiatives, and compliance with required program and fiscal reporting requirements. No aid shall be payable pursuant to this subdivision unless the [program] APPLICATION is approved by the commissioner. S 14. Paragraph b of subdivision 8 of section 3602 of the education law, as amended by section 16 of part B of chapter 57 of the laws of 2007, is amended to read as follows: b. District plans of service. Any school district receiving an addi- tional apportionment pursuant to subdivision ten of this section for pupils in career education programs or a payment in lieu of such appor- tionment or having a public excess cost aid setaside pursuant to subdi- vision four of this section shall keep on file and make available for public inspection and review by the commissioner an acceptable plan of service describing the student outcomes expected from implementation of the proposed plan, provided that such plan may be incorporated into a school district's district-wide comprehensive plan. The plan of service [submitted by] OF a school district receiving an additional apportion- ment pursuant to this section for pupils with disabilities shall also describe how such district intends to ensure that all instructional materials to be used in the schools of such district will be made avail- able in a usable alternative format for each student with a disability and for each student who is a qualified individual with a disability, at the same time as such instructional materials are available to non-disa- bled students, provided that such plan may incorporate by reference the alternative format plans developed pursuant to subdivision twenty-nine-a of section sixteen hundred four, subdivision four-a of section seventeen hundred nine, subdivision seven-a of section twenty-five hundred three or subdivision seven-a of section twenty-five hundred fifty-four of this chapter. Such plans shall be in a form prescribed by the commissioner, and except as heretofore provided, shall have the content prescribed by the commissioner. The commissioner may, from time to time, require amendments of such plans as deemed to be necessary and appropriate to further the educational welfare of the pupils involved. S 15. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of section 4402 of the education law is REPEALED. S 16. Paragraph b of subdivision 1 of section 4452 of the education law is REPEALED. S 17. This act shall take effect immediately; provided, however, that the commissioner of education shall promulgate any rules or regulations necessary to implement the provisions of this act on or before July 1, 2011.

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