Bill S4663A-2011

Allows school districts and BOCES units to provide administrative services together

Allows school districts and BOCES units to agree or contract to provide administrative services together that they can provide on their own.

Details

Actions

  • Jan 24, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO EDUCATION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 16, 2011: referred to education
  • Jun 16, 2011: DELIVERED TO ASSEMBLY
  • Jun 16, 2011: PASSED SENATE
  • Jun 7, 2011: ADVANCED TO THIRD READING
  • Jun 6, 2011: 2ND REPORT CAL.
  • Jun 2, 2011: 1ST REPORT CAL.930
  • Apr 29, 2011: PRINT NUMBER 4663A
  • Apr 29, 2011: AMEND AND RECOMMIT TO EDUCATION
  • Apr 14, 2011: REFERRED TO EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Jun 2, 2011
Ayes (18): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
VOTE: COMMITTEE VOTE: - Education - Jan 24, 2012
Ayes (18): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley

Memo

BILL NUMBER:S4663A

TITLE OF BILL: An act to amend the education law, in relation to authorizing school districts and boards of cooperative educational services to enter into agreements or contracts with each other to perform the same functions and provide the same services that each is authorized to perform or provide

PURPOSE OR GENERAL IDEA OF BILL: To encourage improved economies of scale and cost efficiencies in how administrative services are provided in school districts and BOCES units around New York State.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 would amend the Education Law by adding a new Section 1510-a expressly authorizing the sharing of school administrative services.

Sections 2 & 3 would amend Section 1604 and 1709 of the Education Law to provide language that would authorize school districts or boards of cooperative educational services to have the option to agree or contract with and between each other to provide the same administrative services that each is authorized to perform or provide.

Section 4 of the bill would amend the Education Law by adding "administration" and "transportation" to the list of aidable shared services.

JUSTIFICATION: Costs associated with education in public schools continue to rise, even as our state, local governments and school districts struggle to maintain sound budgets in this economic downturn.

Rather than simply rely on "top-down approaches to meeting the challenge of quality, affordable education, it is incumbent on the state to offer greater flexibility and more tools that give communities an array of choices. This bill would work in that direction by allowing schools and BOCES units to proactively centralize administrative duties and seek potential efficiencies to the benefit of local property tax payers.

PRIOR LEGISLATIVE HISTORY: 2010: A.11285 died in Assembly Education Committee (similar)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: School districts and BOCES units spend millions of dollars annually in providing similar administrative services in close proximity to one another - sometimes in the same communities. By allowing them to consolidate administrative functions, participating entities could reduce operational costs, and ultimately reduce the amount of money needed from the taxpayers to support these functions.

This legislation serves as an example of a genuine effort to control-local spending through the consolidation of services. It is

anticipated that there will be substantial annual savings for districts that opt into this model. Conservatively, school districts could see immediate savings, with small rural schools in limited taxing jurisdictions realizing upwards of 5% reductions in their property tax levies on an annual basis.

EFFECTIVE DATE: This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4663--A 2011-2012 Regular Sessions IN SENATE April 14, 2011 ___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to authorizing school districts and boards of cooperative educational services to enter into agreements or contracts with each other to perform the same functions and provide the same services that each is authorized to perform or provide 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 1510-a to read as follows: S 1510-A. SHARING OF SCHOOL ADMINISTRATIVE SERVICES. ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN AGREEMENT WITH ANY OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE. S 2. Section 1604 of the education law is amended by adding a new subdivision 43 to read as follows: 43. SHALL HAVE THE OPTION TO AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE. TO THE EXTENT THAT ANY SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD BE ENTI- TLED TO STATE AID IF SUCH SERVICES WERE PROVIDED INDIVIDUALLY, THE COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL DISTRICTS IN AMOUNTS AGREED TO BETWEEN THE SCHOOL DISTRICTS AND THE COMMISSIONER; PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL AID WHICH WOULD HAVE BEEN OTHERWISE PAYABLE HAD EACH SCHOOL DISTRICT
PROVIDED SUCH SERVICE INDIVIDUALLY. WHERE THE COMMISSIONER DISTRIBUTES AID IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL FOR WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH SERVICES NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN DETER- MINATION WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND WHETHER SUCH DECISION SHALL HAVE A BINDING EFFECT ON OTHER SIMILAR SITUATIONS. SUCH DECISIONS SHALL BE REVIEWABLE BY APPEAL TO THE COMMISSIONER, AND, IF SUCH APPEAL IS NOT RESOLVED IN A SATISFACTORY MANNER, SHALL BE REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN- TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S 3. Section 1709 of the education law is amended by adding a new subdivision 43 to read as follows: 43. SHALL HAVE THE OPTION TO AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE. TO THE EXTENT THAT ANY SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD BE ENTI- TLED TO STATE AID IF SUCH SERVICES WERE PROVIDED INDIVIDUALLY, THE COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL DISTRICTS IN AMOUNTS AGREED TO BETWEEN THE SCHOOL DISTRICTS AND THE COMMISSIONER; PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL AID WHICH WOULD HAVE BEEN OTHERWISE PAYABLE HAD EACH SCHOOL DISTRICT PROVIDED SUCH SERVICE INDIVIDUALLY. WHERE THE COMMISSIONER DISTRIBUTES AID IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL FOR WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH SERVICES NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN DETER- MINATION WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND WHETHER SUCH DECISION SHALL HAVE A BINDING EFFECT ON OTHER SIMILAR SITUATIONS. SUCH DECISIONS SHALL BE REVIEWABLE BY APPEAL TO THE COMMISSIONER, AND, IF SUCH APPEAL IS NOT RESOLVED IN A SATISFACTORY MANNER, SHALL BE REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN- TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S 4. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of the education law, as amended by chapter 474 of the laws of 1996, is amended to read as follows: (1) Aidable shared services. At the request of [component] ANY school [districts] DISTRICT, and with the approval of the commissioner, provide any of the following services on a cooperative basis: ADMINISTRATION, school nurse teacher, attendance supervisor, supervisor of teachers, dental hygienist, psychologist, teachers of art, music, physical educa- tion, career education subjects, TRANSPORTATION, guidance [counsellors] COUNSELORS, operation of special classes for students with disabilities, as such term is defined in article eighty-nine of this chapter; pupil and financial accounting service by means of mechanical equipment; main- tenance and operation of cafeteria or restaurant service for the use of pupils and teachers while at school, and such other services as the commissioner may approve. Such cafeteria or restaurant service may be used by the community for school related functions and activities and to furnish meals to the elderly residents of the district, sixty years of age or older. Utilization by elderly residents or school related groups shall be subject to the approval of the board of education. Charges shall be sufficient to bear the direct cost of preparation and serving of such meals, exclusive of any other available reimbursements. S 5. This act shall take effect immediately.

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