This bill has been amended

Bill S5456-2013

Requires the appointment of a school business official for each school district

Establishes the school district financial accountability act; requires the chief financial officer of each school district to prepare for approval by the trustees or board of trustees a five-year long-range financial plan.

Details

Actions

  • Jan 8, 2014: REFERRED TO EDUCATION
  • May 16, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S5456

TITLE OF BILL: An act to amend the education law, in relation to requiring the appointment of a school business official for each school district

PURPOSE:

To require that school districts employ a school business official, and to permit the sharing of a school business official between school districts.

SUMMARY OF PROVISIONS:

Sections 1 through 6 amend the Education Law to require that the board or other legislature for every School District in New York State save for that of New York City appoint a School Business Official.

Section 1 applies to common school districts.

Section 2 to union free school districts

Section 3 to central school districts.

Section 4 to central high school districts

Section 5 to city school districts with less than 125,000 inhabitants

Section 6 to city school districts with 125,000 inhabitants or more.

Section 7 amends the Education Law to allow the sharing of business officials between School Districts, in the same manner that other district-wide officials are allowed to be shared pursuant to current law. Section 8 provides for an effective date of one year after its having become a law.

JUSTIFICATION:

School district finances have become increasingly complex and difficult to manage during a time of limited resources, when having the expertise of a certified or trained business official can be instrumental to balancing a school budget and identifying efficiencies that keep the district solvent.

The amount of reporting and auditing required by current regulations and laws as well as computing the tax cap require staff with financial expertise.

Although this law requires school districts to employ a school business official, it does permit the sharing of such duties with other school districts thereby mating it cost effective for smaller school districts to avail themselves of the fiscal expertise sorely needed.

Currently, over 90% of school districts employ a school business official so this legislation just codifies current practice.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5456 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. CARLUCCI -- 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 requiring the appoint- ment of a school business official for each school district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1604 of the education law is amended by adding a new subdivision 43 to read as follows: 43. THE TRUSTEES OF A COMMON SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI- CIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT. S 2. The education law is amended by adding a new section 1711-a to read as follows: S 1711-A. BUSINESS OFFICIAL; UNION FREE SCHOOL DISTRICT. THE BOARD OF EDUCATION OF ANY UNION FREE SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI- CIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT. S 3. Section 1804 of the education law is amended by adding a new subdivision 13 to read as follows: 13. THE BOARD OF EDUCATION OF ANY CENTRAL SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF
THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFICIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT. S 4. Section 1903 of the education law is amended by adding a new subdivision 3 to read as follows: 3. THE BOARD OF EDUCATION OF A CENTRAL HIGH SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIF- ICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTEN- DENT, EACH BUSINESS OFFICIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT. S 5. Subdivision 5 of section 2503 of the education law, as amended by section 9 of subpart F of part C of chapter 97 of the laws of 2011, is amended to read as follows: 5. Shall create, abolish, maintain and consolidate such positions, divisions, boards or bureaus as, in its judgment, may be necessary for the proper and efficient administration of its work; shall appoint prop- erly qualified persons to fill such positions, including a superinten- dent of schools, such associate, assistant and other superintendents, directors, supervisors, principals, teachers, lecturers, special instructors, medical inspectors, nurses, claims auditors, deputy claims auditors, attendance officers, secretaries, clerks, custodians, janitors and other employees and other persons or experts in educational, social or recreational work or in the business management or direction of its affairs as said board shall determine necessary for the efficient management of the schools and other educational, social, recreational and business activities; and shall determine their duties except as otherwise provided herein. THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITH- IN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI- CIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT. S 6. Subdivision 2 of section 2554 of the education law, as amended by chapter 27 of the laws of 2012, is amended to read as follows: 2. To create, abolish, maintain and consolidate such positions, divi- sions, boards or bureaus as, in its judgment, may be necessary for the proper and efficient administration of its work; to appoint a super- intendent of schools, such associate, assistant, district and other superintendents, examiners, directors, supervisors, principals, teach- ers, lecturers, special instructors, medical inspectors, nurses, audi- tors, attendance officers, secretaries, clerks, custodians, janitors and other employees and other persons or experts in educational, social or recreational work or in the business management or direction of its affairs as said board shall determine necessary for the efficient management of the schools and other educational, social, recreational and business activities; provided, however, that in the city school districts of the cities of Buffalo, Rochester, and Syracuse appointment of associate, assistant and district superintendents, and other super- vising staff who are excluded from the right to bargain collectively pursuant to article fourteen of the civil service law shall, within the amounts budgeted for such positions, be by the superintendent of such city school district; and to determine their duties except as otherwise provided herein. THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL
HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOP- ERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFICIAL SHALL FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT. S 7. Subdivision 1 of section 1981 of the education law, as added by chapter 785 of the laws of 1992, is amended to read as follows: 1. Notwithstanding any other provision of law, school authorities of any school district may arrange to share the services of a superinten- dent, associate superintendent, assistant superintendent, BUSINESS OFFI- CIAL OR LIKE EMPLOYEE WHO FULFILLS ALL BUSINESS AND FINANCIAL DUTIES FOR THE SCHOOL DISTRICT AND MANAGES ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT, or any other employee with districtwide administrative or supervisory responsibilities with one or more other school districts. S 8. This act shall take effect one year after it shall have become a law.

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