Relates to budgets of boards of cooperative educational services.
TITLE OF BILL: An act to amend the education law, in relation to budgets of boards of cooperative educational services
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends Sections 1950 and 1951 of the Education Law to allow the Commissioner of the New York State Education Department to promulgate rules and regulations that would authorize BOCES to operate a multi-year budget for program, capital and/or administrative expenditures provided the Commissioner determines this would result in greater efficiencies to the component district(s)
BOCES were created by the Legislature in 1948 "for the purpose of carrying out a program of shared educational services in the schools for the supervisory district..." Since their creation, BOCES have served as an important vehicle for helping school districts operate in an effective and efficient manner. As districts around the State face significant fiscal and educational constraints, it is imperative that BOCES be given greater authority to help the many component districts they serve while reducing or eliminating the impediments that make this goal difficult.
Currently BOCES can only operate based on an annual budget which can create uncertainty and inefficiencies. This bill would allow BOCES, based on the approval of the Commissioner, to implement a multi-year budget when this would result in greater efficiencies for the component district. Because districts can decide if a multi-year budgeting process is in their best interest, this expanded authority maintains the district discretion that has been and would continue to be the cornerstone of the BOCES operating structure.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
This bill would be fiscally neutral.
This bill would take effect on the next July following enactment.
STATE OF NEW YORK ________________________________________________________________________ 5135 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________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 budgets of boards of cooperative educational services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 1 of paragraph b 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) Prepare, prior to the annual meeting of members of the boards of education and school trustees, held as provided in paragraph o of this subdivision, a tentative budget of expenditures for the program costs, a tentative budget for capital costs, and a tentative budget for the administration costs of the board of cooperative educational services. EXCEPT AS PROVIDED IN PARAGRAPH C-1 OF THIS SUBDIVISION,
[Such]SUCH budgets shall include the proposed budget for the upcoming school year, the previous school year's actual costs and the current school year's projected costs for each object of expenditure. Such program, capital and administrative budgets shall be separately delineated in accordance with the definition of program, capital and administrative costs which shall be promulgated by the commissioner after consultation with school district officials and the director of the budget. Personal service costs for each budget shall include the number of full-time equivalent positions funded and total salary and, except as noted herein, fringe benefit costs for such positions by program. Each program budget shall also include the local and statewide unit costs of such programs and services proposed for the upcoming school year, such actual unit costs for the previous school year, and the current school year's projected unit costs, all established in accordance with paragraph d of this subdivision. The capital budget shall include facility construction and lease expenditures authorized pursuant to paragraphs p, t and u of thisEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09644-01-3 S. 5135 2
subdivision, payments for the repayment of indebtedness related to capi- tal projects, payments for the acquisition or construction of facili- ties, sites or additions, provided that such budget shall contain a rental, operations and maintenance section that will include base rent costs, total rent costs, operations and maintenance charges, cost per square foot for each facility rented or leased by such board of cooper- ative educational services, and any and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, maintenance and repairs for such facilities, and that such budget shall include the annual debt service and total debt for all facilities financed by bonds or notes of the component districts, annual rental and lease payments and total rental and lease costs for all facilities rent- ed by such board; such capital budget shall also include expenditures resulting from court judgments and orders from administrative bodies or officers, and, to the extent a board's administrative budget has been adopted, one-time costs incurred in the first year in which an employee retires. The administrative budget shall include, but need not be limit- ed to, office and central administrative expenses, traveling expenses and salaries and benefits of supervisors and administrative personnel necessary to carry out the central administrative duties of the supervi- sory district, any and all expenditures associated with the board, the office of district superintendent, general administration, central support services, planning, and all other administrative activities. Such administrative budget shall also specify the amount of supplementa- ry salary and benefits, if any, which the board determines should be paid to the district superintendent of schools and the board shall append to such budget a detailed statement of the total compensation to be paid the district superintendent of schools by the board, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration to be paid, plus, commencing with the presentation of the budget for the nineteen hundred ninety-seven--nine- ty-eight school year, a list of items of expense eligible for reimburse- ment on expense accounts in the ensuing school year and a statement of the amount of expenses paid to the district superintendent of schools in the prior year for purposes of carrying out his or her official duties. S 2. Subdivision 4 of section 1950 of the education law is amended by adding a new paragraph c-1 to read as follows: C-1. THE COMMISSIONER MAY, PURSUANT TO RULES AND REGULATIONS, AUTHOR- IZE A BOCES, TO OPERATE ON A MULTI-YEAR BUDGET FOR PROGRAM, CAPITAL AND/OR ADMINISTRATIVE EXPENDITURES IF IT IS DETERMINED BY THE COMMIS- SIONER THAT A MULTI-YEAR BUDGET WILL RESULT IN GREATER EFFICIENCIES TO THE COMPONENT DISTRICT. SUCH MULTI-YEAR BUDGET SHALL BE DEVELOPED IN THE SAME MANNER AS REQUIRED PURSUANT TO SUBPARAGRAPHS ONE, TWO , THREE, FOUR, FIVE, SIX AND SEVEN OF PARAGRAPH B OF THIS SUBDIVISION EXCEPT THAT IT SHALL BE DONE BASED ON A MULTI-YEAR BASIS. S 3. Subdivision 1 of section 1951 of the education law, as amended by chapter 474 of the laws of 1996, is amended to read as follows: 1. The final administrative and capital budgets of the board of coop- erative educational services as adopted INCLUDING, BUT NOT LIMITED TO MULTI-YEAR BUDGETS THAT ARE AUTHORIZED PURSUANT TO PARAGRAPH C-1 OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS ARTICLE, shall be a charge against all of the school districts contained in the board of cooperative educational services, provided, however, that any component school district which does not elect to participate in any specific educational service authorized to be furnished by the board of cooperative educational services shall not be required to pay any shareS. 5135 3
of the moneys provided in the program 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, however, expendi- tures for the board of cooperative educational services program, includ- ing office and central administrative expenses, traveling expenses and salaries and benefits of supervisors and all other central administra- tive personnel necessary to carry out its program shall be deemed admin- istrative expenses which shall be a charge upon all component school districts notwithstanding the fact that such a component school district elects to not participate in any specific program offered by the board of cooperative educational services. Each school district's propor- tionate share of administrative and capital expenses shall be determined in accordance with subparagraph seven of paragraph b of subdivision four of section nineteen hundred fifty of this article. The board shall allo- cate the cost of other services to participating component school districts in accordance with terms agreed upon between such board and the boards of education and trustees of each component school district using the local uniform unit cost of each such service, based on (i) anticipated participation in the ensuing school year, or (ii) partic- ipation 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 participating component school districts and shall be computed in accordance with a uniform methodology approved annually by at least three-quarters of the participating component 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. The school authorities of each school district in the board of cooperative educational services shall add such amount to the budget of such school district and shall pay such amount to the treasurer of the board of cooperative educational services, and shall be paid out by the treasurer upon orders of the board issued and executed pursuant to the resolution of said board. S 4. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.