Bill S4395-2011

Permits BOCES to contract with third party vendors for approved technology activities and services at the request of two or more school districts

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.

Details

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  • Jan 4, 2012: REFERRED TO EDUCATION
  • Apr 4, 2011: REFERRED TO EDUCATION

Memo

BILL NUMBER:S4395

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:

PRIOR LEGISLATIVE HISTORY: 2000 - Senate Education Cmte./Assembly Education Cmte. 2001-02 - Senate Education Cmte. 2003-04 - Senate Education Cmte. 2005-06 - Senate Education Cmte. 2009-10 - Senate Education Cmte.

EFFECTIVE DATE: This act shall take effect July 1, 2012, provided that the provisions of this act shall expire and be deemed repealed on July 1, 2013.


Text

STATE OF NEW YORK ________________________________________________________________________ 4395 2011-2012 Regular Sessions IN SENATE April 4, 2011 ___________
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
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, 2012, provided that the provisions of this act shall expire and be deemed repealed July 1, 2014.

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