Bill S4402-2011

Increases the qualifications for school business officials

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4402 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 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
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
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.

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