Relates to the provision of services to out-of-state school districts by boards of cooperative educational services.

---

S7120A-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A10205A
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1476
• Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 18, 2012: PRINT NUMBER 7120A
• Jun 18, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• May 31, 2012: REPORTED AND COMMITTED TO FINANCE
• Apr 30, 2012: REFERRED TO EDUCATION

S7120A-2011 Meetings

Rules: Jun 21, 2012

S7120A-2011 Calendars

Floor Calendar: Jun 21, 2012

S7120A-2011 Votes

S7120A-2011 Memo

BILL NUMBER:S7120A

TITLE OF BILL:
An act
to amend the education law, in relation to
services to out-of-state school districts by boards
of cooperative educational services; and providing for the repeal
of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow boards of
cooperative educational services to provide services to out-of-state
school districts.

SUMMARY OF SPECIFIC 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.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

S7120A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7120--A

                              I N  SENATE

                               April 30, 2012
                                 ___________

  Introduced  by  Sens.  FLANAGAN,  HASSELL-THOMPSON,  OPPENHEIMER -- read
    twice and ordered printed, and when printed to  be  committed  to  the
    Committee  on  Education -- reported favorably from said committee and
    committed to the Committee on Finance --  committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  AN ACT to amend the education law, in relation to  services  to  out-of-
    state  school districts by boards of cooperative educational services;
    and providing for the repeal of such provisions upon expiration there-
    of

    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 OF NO MORE THAN TWO YEARS AND SUBJECT  TO
  THE SUNSET DATE OF THIS SUBPARAGRAPH, WITH OUT-OF-STATE SCHOOL DISTRICTS
  FOR  SPECIAL EDUCATION AND/OR CAREER AND TECHNICAL EDUCATION SERVICES OR
  FOR THE USE OF EXISTING PRODUCTS THAT DEMONSTRATE HOW TO MAP THE  COMMON
  CORE STANDARDS TO ASSESSMENTS AND/OR PROVIDE ACCESS TO EXISTING WEBINARS
  OR  ONLINE  COURSES RELATING TO IMPLEMENTATION OF THE COMMON CORE STAND-
  ARDS. ANY CONTRACT SHALL BE APPROVED BY THE COMMISSIONER, THE  BOARD  OF
  COOPERATIVE  EDUCATIONAL  SERVICES  AND  THE  DISTRICT SUPERINTENDENT OF
  SCHOOLS, PROVIDED  SUCH  SERVICES  ARE  MADE  AVAILABLE  TO  ANY  SCHOOL
  DISTRICT  WITHIN  THE  SUPERVISORY DISTRICT AND THAT THE REQUIREMENTS OF
  THIS SUBPARAGRAPH ARE MET. CONTRACTS MUST BE EXECUTED BY  THE  BOARD  OF
  COOPERATIVE EDUCATIONAL SERVICES AND THE TRUSTEES OR BOARDS OF EDUCATION
  OF   SUCH   OUT-OF-STATE  SCHOOL  DISTRICTS  AND  SHALL  ONLY  AUTHORIZE
  OUT-OF-STATE STUDENTS TO PARTICIPATE IN AN INSTRUCTIONAL PROGRAM IF SUCH
  SERVICES ARE AVAILABLE TO  ALL  ELIGIBLE  STUDENTS  IN  NEW  YORK  STATE
  SCHOOLS  IN THE COMPONENT DISTRICTS AND THE NUMBER OF PARTICIPATING OUT-
  OF-STATE STUDENTS ONLY COMPRISES UP TO FIVE PERCENT OF THE TOTAL  NUMBER
  OF THE TOTAL ENROLLED STUDENTS IN THE INSTRUCTIONAL PROGRAM AT THE BOARD
  OF  COOPERATIVE  EDUCATIONAL  SERVICES AND THAT THE BOARD OF COOPERATIVE
  EDUCATIONAL SERVICES SPENDS NO MORE THAN THIRTY PERCENT OF  ITS  EMPLOY-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15285-04-2

 S. 7120--A                          2

  EES' TIME ON SERVICES TO OUT-OF-STATE DISTRICTS PURSUANT TO THIS SUBPAR-
  AGRAPH.  TO  BE APPROVED BY THE COMMISSIONER, THE CONTRACT AND ANY BUSI-
  NESS PLAN, SHALL DEMONSTRATE THAT ANY SERVICES PROVIDED TO  OUT-OF-STATE
  SCHOOLS PURSUANT TO THIS SUBPARAGRAPH SHALL NOT RESULT IN ANY ADDITIONAL
  COSTS  BEING IMPOSED ON COMPONENT SCHOOL DISTRICTS AND THAT ANY PAYMENTS
  RECEIVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  FOR  SERVICES
  PROVIDED IN THIS SUBPARAGRAPH THAT EXCEED ANY COST TO THE BOARD OF COOP-
  ERATIVE  EDUCATIONAL  SERVICES  FOR  PROVIDING  SUCH  SERVICES  SHALL BE
  APPLIED TO REDUCE THE COSTS OF  AIDABLE  SHARED  SERVICES  ALLOCATED  TO
  COMPONENT  SCHOOL  DISTRICTS PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION
  AND SHALL ALSO BE APPLIED TO REDUCE THE APPROVED COST OF SERVICES PURSU-
  ANT TO SUBDIVISION FIVE OF THIS SECTION. SERVICES PROVIDED BY A BOARD OF
  COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT DISTRICTS AT THE  TIME  OF
  APPROVAL  OF  A  CONTRACT  UNDER  THIS PARAGRAPH SHALL NOT BE REDUCED OR
  ELIMINATED SOLELY DUE TO A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES'
  PERFORMANCE OF SERVICES TO OUT-OF-STATE DISTRICTS PURSUANT TO THIS PARA-
  GRAPH.
    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. The commissioner of education, in consultation with participating
  boards of cooperative educational services, shall  prepare  two  reports
  describing  the  content  of contracts approved by such commissioner and
  the district superintendent pursuant to paragraph h of subdivision 4  of
  section 1950 of the education law, including the names of the parties to
  the  contract, the length of the contract, a description of the services
  provided under the contract, the  percentage  of  out-of-state  students
  that  are  in  each  instructional  program  in the board of cooperative
  educational services compared to in-state students, a description of the
  time spent by board of cooperative  educational  services  employees  to
  perform  such  services  and  any  expenses  and revenues for performing
  services to out-of-state districts under the contract. The reports shall
  also include a detailed breakdown of how many additional employees need-
  ed to be hired by the  board  of  cooperative  educational  services  to
  perform such services, any additional resources or materials that needed
  to  be purchased by the board of cooperative educational services and/or
  any administrative, marketing and/or development costs  associated  with
  performing  services  under paragraph d of subdivision 4 of section 1950
  of the education law. If payments received for such services exceed  the
  costs  of  providing  such  services,  the  reports shall also include a
  description of how the board of cooperative  educational  services  will

 S. 7120--A                          3

  reduce  the  costs of aidable shared services to the component districts
  pursuant to paragraph d of subdivision 4 of section 1950 of  the  educa-
  tion  law  and/or  how any revenues received by the board of cooperative
  educational  services  will reduce the costs of aidable shared services.
  The commissioner of education shall submit  an  interim  report  to  the
  board  of  regents,  the  governor  and the legislature by no later than
  April 15, 2013 and a final report by no later than  December  15,  2013,
  with recommendations on whether and under what conditions such contracts
  should  continue  to  be  authorized beyond the expiration date provided
  herein.
    S 4. This act shall take effect immediately and shall  expire  and  be
  deemed repealed July 1, 2014.