Relates to the provision of services to out-of-state school districts by boards of cooperative educational services.
Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Addabbo, Avella, Breslin, Serrano, Stavisky, Huntley
Ayes W/R (1): Montgomery
TITLE OF BILL: An act to amend the education law, in relation to services to out-ofstate school districts by boards of cooperative educational services
PURPOSE: This bill would allow boards of cooperative educational services to provide services to out-of-state school districts.
SUMMARY OF PROVISIONS: Section 1: Education Law Section 1950 is amended to allow boards of cooperative educational services to provide services to out-of-state school districts. By June thirtieth of each year, each board of cooperative educational services that provides out-of-state services shall report the amount and nature of such services to the commissioner of education.
Section 2: Education Law Section 1950 is amended by changing the commencement date of certain services that are prohibited from being approved by the commissioner of education.
Section 3: This act shall take effect immediately.
JUSTIFICATION: Boards of cooperative educational services (BOCES) are often at the forefront of innovative and cost-saving educational plans, policies, and programs BOCES, as innovators in the development and delivery of highly successful curricula, professional development for educators and proven education programs, are already providing these programs and services to schools in New York State. Although many BOCES have been approached by educators outside New York who wish to purchase these valuable and proven programs and services, they cannot sell these services because it is not authorized by law.
This bill will allow BOCES to sell these programs and services and as a result generate revenue in support of BOCES, their component school districts and most importantly the students they serve. Additionally, to the extent practical, it will enable BOCES to provide educational services to out of state students.
To this end, allowing BOCES in New York to provide service out-of-state will be beneficial not only to the BOCES providing the out-of-state service, but to New York State as a whole. In tough financial times, it is imperative that we allow proven programs and services to be provided and sold outside of the State.
LEGISLATIVE HISTORY: This is a new bill.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7120 IN SENATE April 30, 2012 ___________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 services to out-of- state school districts by 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. Paragraph h of subdivision 4 of section 1950 of the educa- tion law is amended by adding a new subparagraph 10 to read as follows: (10) TO ENTER INTO CONTRACTS WITH OUT-OF-STATE SCHOOL DISTRICTS, WITH THE APPROVAL OF THE DISTRICT SUPERINTENDENT OF SCHOOLS, TO PROVIDE SERVICES MADE AVAILABLE TO ANY SCHOOL DISTRICT WITHIN THE SUPERVISORY DISTRICT UPON SUCH TERMS AS DETERMINED BY THE COMMISSIONER IN RULES AND REGULATIONS AND AS AGREED UPON PURSUANT TO CONTRACTS EXECUTED BY SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE TRUSTEES OR BOARDS OF EDUCATION OF SUCH OUT-OF-STATE SCHOOL DISTRICTS. NO LATER THAN JUNE THIRTIETH OF EACH YEAR, EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHICH PROVIDES SERVICES TO OUT-OF-STATE SCHOOL DISTRICTS SHALL REPORT THE AMOUNT AND NATURE OF SUCH SERVICES TO THE COMMISSIONER. S 2. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of the education law, as added by chapter 474 of the laws of 1996, is amended to read as follows: (2) Certain services prohibited. Commencing with the nineteen hundred ninety-seven--ninety-eight school year, the commissioner shall not be authorized to approve as an aidable shared service pursuant to this subdivision any cooperative maintenance services or municipal services, including but not limited to, lawn mowing services and heating, venti- lation or air conditioning repair or maintenance or trash collection, or any other municipal services as defined by the commissioner. On and after the effective date of this paragraph, the commissioner shall not approve, as an aidable shared service, any new cooperative maintenance or municipal services for the nineteen hundred ninety-six--ninety-seven school year, provided that the commissioner may approve the continuation of such services for one year if provided in the nineteen hundred nine- ty-five--ninety-six school year. NO SERVICE PROVIDED TO AN OUT-OF-STATE SCHOOL DISTRICT PURSUANT TO SUBPARAGRAPH TEN OF PARAGRAPH H OF THIS SUBDIVISION SHALL BE ELIGIBLE FOR AID. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15285-02-2