Increases the qualifications for school business officials, to better ensure fiscal accountability within school districts; school business officials shall be required to have: a post graduate degree in finance, accounting or related field; completed a semester long internship or fellowship focused on school financing or within a school business office; and participated in annual professional development classes; rural and/or small school districts could share school business officials through BOCES or an interschool district agreement, if a full time business official is not required.

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S4402-2011 Actions

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

S4402-2011 Memo

BILL NUMBER:S4402

TITLE OF BILL:

An act
to amend the education law, in relation to increasing the
qualifications for school district business officials

PURPOSE OR GENERAL IDEA OF BILL:

To increase the qualification requirements for school business
officials in order to ensure fiscal accountability within school
districts.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Education Law by adding a new �2116-d. The new
section:

* requires school boards and BOCES to employ a certified school
business leader.

* stipulates that any employment contract of a school official
responsible for the business operation of the school district require
continuing education in accounting or finance and professional
development courses approved by the commissioner.

* clarifies that only certified school district business leaders are
eligible for BOCES aid.

Section 2 amends �3003 of the Education Law, by amending subdivision 5
of �3003 and adding a new subdivision 6. It establishes certification
requirements for school business officials, which include:

* at least twenty-four semester hours of graduate courses in
accounting and/or finance;

* successful completion of an examination to assess the candidate's
knowledge in basic budgeting and accounting principles and state and
federal regulations relating to school finance;

* and the completion of an internship that includes full-time
experience at least fifteen weeks in duration.

This section also:

* authorizes the commissioner to waive the coursework and internship
requirements for candidates who prove to be exceptionally qualified.

* requires the commissioner to establish continuing education
requirements for certified school business leaders.

Section 3 establishes the effective date of the first of July next
succeeding the date on which this act shall have become law.

JUSTIFICATION:


New York State's taxpayers invest nearly $40 billion per year for
education in New York State. The state's investment in education is
significant, both in purpose and in size. In fact, the U.S. Census
Bureau ranked New York State as the
2 state in per pupil spending.
According to the U.S. Census Bureau New York State spends an average
of $12,981 per pupil, over $4,000 above the national average. At the
same time, adequacy in education has become increasingly reliant on
efficiency in spending. As rising labor and energy costs squeeze
school districts' discretionary funds, school business officials
play a greater role in a district's ability to advance innovative
programs. It is important to ensure that school district funds are
managed by qualified individuals.
New York taxpayers make a significant investment in public education.
Any laxity in regulating the management of school finances, places
student achievement and public trust at risk.

PRIOR LEGISLATIVE HISTORY:

Included in Part H, �34 and �45, of Budget Article VII bill A.9558
of 2006. The Budget Article VII bill was amended and signed Chapter 58
of 2006, devoid of this proposal.
2007-08: Senate Education Committee
2009-10: Senate Education Committee

FISCAL IMPLICATIONS:

This bill would have minimal to no fiscal impact on the state. It
might result in an initial increase in personnel costs to school
districts as a result of these enhanced qualifications. However, the
increased fiscal expertise could result in long run savings to school
districts and taxpayers.

EFFECTIVE DATE:

July 1st next succeeding the date on which this act shall
have become law.

S4402-2011 Text

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

                                    4402

                         2011-2012 Regular Sessions

                              I N  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 increasing the  quali-
    fications for school district business officials

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


    Section 1. The education law is amended by adding a new section 2116-d
  to read as follows:

    S 2116-D. SCHOOL DISTRICT BUSINESS OFFICIALS.   1. ON AND  AFTER  JULY
  FIRST,  TWO THOUSAND THIRTEEN, THE BOARD OF EDUCATION OR OTHER GOVERNING
  BOARD OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
  SHALL BE REQUIRED TO EMPLOY A CERTIFIED SCHOOL BUSINESS LEADER WHO MEETS
  THE  REQUIREMENTS  OF SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF
  THIS CHAPTER AS THE CHIEF SCHOOL  BUSINESS  OFFICIAL  OF  THE  DISTRICT,
  EXCEPT  THAT  AN  INCUMBENT  WHO IS SERVING AS THE CHIEF SCHOOL BUSINESS
  OFFICIAL ON SUCH DATE AS A DEPUTY, ASSISTANT, OR  ASSOCIATE  SUPERINTEN-
  DENT FOR BUSINESS OR OTHER CERTIFIED SCHOOL ADMINISTRATOR HAVING PROFES-
  SIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT,
  OR  IN  A  POSITION IN THE CLASSIFIED CIVIL SERVICE AS A SCHOOL BUSINESS
  MANAGER OR THE EQUIVALENT, MAY CONTINUE TO BE EMPLOYED IN SUCH CAPACITY,
  PROVIDED THAT SUCH INDIVIDUAL  SUCCESSFULLY  COMPLETES  THE  EXAMINATION
  PRESCRIBED  BY  THE  COMMISSIONER PURSUANT TO PARAGRAPH B OF SUBDIVISION
  SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER NO LATER  THAN  JUNE
  THIRTIETH, TWO THOUSAND FIFTEEN.
    2.  EVERY EMPLOYMENT CONTRACT ENTERED INTO, AMENDED OR EXTENDED BY THE
  TRUSTEES OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OR  A  BOARD  OF
  COOPERATIVE  EDUCATIONAL  SERVICES  ON OR AFTER JULY FIRST, TWO THOUSAND
  ELEVEN WITH A DEPUTY SUPERINTENDENT OF SCHOOLS FOR  BUSINESS,  ASSOCIATE
  SUPERINTENDENT  OF  SCHOOLS  FOR  BUSINESS,  ASSISTANT SUPERINTENDENT OF
  SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL  RESPONSIBILITY
  FOR  THE BUSINESS OPERATION OF THE SCHOOL DISTRICT OR WITH AN INDIVIDUAL

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09241-02-1

 S. 4402                             2

  EMPLOYED IN A CLASSIFIED CIVIL SERVICE POSITION  AS  A  SCHOOL  BUSINESS
  MANAGER  OR  THE  EQUIVALENT  SHALL INCLUDE A CLAUSE REQUIRING THAT SUCH
  EMPLOYEE  COMPLETE  THE  REQUIRED  CONTINUING  EDUCATION  COURSEWORK  IN
  ACCOUNTING  AND/OR FINANCE AND PROFESSIONAL DEVELOPMENT COURSES APPROVED
  BY THE COMMISSIONER IN EACH YEAR OF THE CONTRACT.
    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
  THE  CONTRARY,  ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, EXPENSES
  INCURRED BY  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
  SERVICES  FOR  THE SHARING OF PERSONNEL TO SERVE AS A DEPUTY SUPERINTEN-
  DENT OF SCHOOLS FOR BUSINESS, ASSOCIATE SUPERINTENDENT  OF  SCHOOLS  FOR
  BUSINESS,  ASSISTANT  SUPERINTENDENT  OF  SCHOOLS  FOR BUSINESS OR OTHER
  PERSON HAVING PROFESSIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION  OF
  THE  SCHOOL  DISTRICT SHALL NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVI-
  SION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE OR  ANY  OTHER
  PROVISIONS OF LAW PROVIDING AID FOR THE SHARING OF SERVICES, UNLESS SUCH
  SHARED EMPLOYEE IS CERTIFIED AS A SCHOOL DISTRICT BUSINESS LEADER PURSU-
  ANT TO SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER.
    S  2.  Subdivision 5 of section 3003 of the education law, as added by
  chapter 639 of the laws of 1990, is amended and a new subdivision  6  is
  added to read as follows:

    5.  [The]  FOR CANDIDATES WHO APPLY FOR A CERTIFICATE ON OR BEFORE THE
  FIRST DAY OF SEPTEMBER, TWO THOUSAND TEN, THE commissioner  may  provide
  for  the  issuance  of  a  certificate as deputy, associate or assistant
  superintendent for business to any qualified person who meets all of the
  requirements of subdivision one of this section, except those  contained
  in paragraph b of subdivision one of this section.
    6.  A.  FOR  CANDIDATES  WHO  APPLY  FOR A CERTIFICATE ON OR AFTER THE
  SECOND DAY OF SEPTEMBER, TWO THOUSAND  TWELVE,  THE  COMMISSIONER  SHALL
  PROVIDE  FOR  THE  ISSUANCE  OF  A  PROFESSIONAL CERTIFICATE AS A SCHOOL
  DISTRICT BUSINESS LEADER (DEPUTY SUPERINTENDENT OF SCHOOLS FOR BUSINESS,
  ASSOCIATE SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSISTANT  SUPERINTEN-
  DENT OF SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPON-
  SIBILITY  FOR  THE BUSINESS OPERATION OF THE SCHOOL DISTRICT) IN ACCORD-
  ANCE WITH THIS SUBDIVISION TO ANY QUALIFIED PERSON WHO MEETS ALL OF  THE
  REQUIREMENTS  OF SUBDIVISION ONE OF THIS SECTION, EXCEPT THOSE CONTAINED
  IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, AND THE  REQUIREMENTS
  OF THIS SUBDIVISION.
    B.  THE  COMMISSIONER SHALL REQUIRE THAT AT LEAST TWENTY-FOUR SEMESTER
  HOURS OF THE GRADUATE COURSES REQUIRED UNDER PARAGRAPH A OF  SUBDIVISION
  ONE  OF  THIS SECTION BE IN ACCOUNTING AND/OR FINANCE COURSES DETERMINED
  BY THE COMMISSIONER TO BE RELEVANT TO THE EFFECTIVE  MANAGEMENT  OF  THE
  FISCAL  RESOURCES  OF  A  SCHOOL  DISTRICT.  THE COMMISSIONER SHALL ALSO
  REQUIRE CANDIDATES TO SUCCESSFULLY COMPLETE  AN  EXAMINATION  THAT  WILL
  ASSESS THE CANDIDATE'S KNOWLEDGE OF BASIC BUDGETING AND ACCOUNTING PRIN-
  CIPLES AND THE STATE AND FEDERAL LAWS AND REGULATIONS RELATING TO SCHOOL
  FINANCE, WHEN SUCH EXAMINATION BECOMES AVAILABLE. THE COMMISSIONER SHALL
  ALSO  REQUIRE THAT CANDIDATES COMPLETE AN INTERNSHIP REQUIREMENT AS PART
  OF THEIR GRADUATE PROGRAM THAT INCLUDES A  FULL-TIME  EXPERIENCE  OF  AT
  LEAST FIFTEEN WEEKS IN DURATION.
    C.  THE  COMMISSIONER  SHALL  ESTABLISH AN ALTERNATIVE PATHWAY TO SUCH
  CERTIFICATION, WHEREBY A CANDIDATE WHO FULFILLS ALL  OTHER  REQUIREMENTS
  SHALL BE DEEMED TO MEET THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR A
  PROFESSIONAL  CERTIFICATE  IF HE OR SHE HOLDS A MASTER'S DEGREE IN BUSI-
  NESS ADMINISTRATION OR A MASTER'S DEGREE IN ACCOUNTING.
    D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
  THE  CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT A WAIVER OF

 S. 4402                             3

  THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR  A  PROFESSIONAL  CERTIF-
  ICATE TO CANDIDATES WHO, UPON REVIEW OF THEIR TRANSCRIPT AND EXPERIENCE,
  ARE  DETERMINED  BY  THE  COMMISSIONER  TO BE EXCEPTIONALLY QUALIFIED TO
  SERVE AS A SCHOOL DISTRICT BUSINESS LEADER.
    E.  THE COMMISSIONER SHALL ALSO REQUIRE THAT THE PROFESSIONAL DEVELOP-
  MENT REQUIRED UNDER THE REGULATIONS OF THE COMMISSIONER OF  ALL  CERTIF-
  ICATE  HOLDERS  TO  MAINTAIN  A  PROFESSIONAL  CERTIFICATE  AS  A SCHOOL
  DISTRICT  BUSINESS  LEADER  ANNUALLY  INCLUDE  A  MAJORITY  ANNUALLY  OF
  APPROVED COURSEWORK IN ACCOUNTING AND/OR FINANCE.
    S  3.  This act shall take effect on the first of July next succeeding
  the date on which it shall have become a law.