Bill Text: NY S01577 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes the education mandate relief act; authorizes the board of education to enter into piggyback contracts with another school district for transportation services and directs BOCES to convene committees to recommend options for school district consolidation and shared services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-10 - PRINT NUMBER 1577A [S01577 Detail]
Download: New_York-2013-S01577-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1577--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the general municipal law, in relation to enacting the education mandate relief act of 2015 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "education mandate relief act of 2015". 3 S 2. The education law is amended by adding a new section 308-a to 4 read as follows: 5 S 308-A. SPECIAL PROVISIONS; MANDATES. 1. AS USED IN THIS SECTION, 6 "MANDATE" MEANS (A) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A 7 NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING 8 PROGRAM WHICH A SCHOOL DISTRICT, ORGANIZED EITHER BY SPECIAL LAWS OR 9 PURSUANT TO THE PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR 10 (B) ANY GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR 11 INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH ANY SUCH SCHOOL 12 DISTRICT IS REQUIRED TO PROVIDE. 13 2. IN THE EVENT THAT A MANDATE WHICH IMPOSES A COST UPON A SCHOOL 14 DISTRICT IS CREATED AFTER THE ADOPTION OF A SCHOOL BUDGET, SUCH MANDATE 15 SHALL NOT BE IMPLEMENTED UNTIL NO SOONER THAN THE FOLLOWING YEAR FOR 16 WHICH SUCH SCHOOL BUDGET WAS ADOPTED. 17 3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, SUCH A MANDATE MAY 18 BE IMPOSED IF: 19 (A) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT UNDER 20 A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN MANDATO- 21 RY; 22 (B) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF 23 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02854-02-4 S. 1577--A 2 1 (C) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE- 2 MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE 3 FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR 4 EXECUTIVE ORDER IMPOSES COSTS WHICH EXCEED THE COSTS MANDATED BY THE 5 FEDERAL GOVERNMENT. 6 S 3. Paragraph h of subdivision 25 of section 1709 of the education 7 law, as amended by section 23 of subpart F of part C of chapter 97 of 8 the laws of 2011, is amended to read as follows: 9 h. (1) The board of education is authorized to enter into a contract 10 with another school district, a county, municipality, or the state 11 office of children and family services to provide transportation for 12 children, including contracts to provide such transportation as regional 13 transportation services, provided that the contract cost is appropriate. 14 In determining the appropriate transportation contract cost, the trans- 15 portation service provider school district shall use a calculation 16 consistent with regulations adopted by the commissioner for the purpose 17 of assuring that charges reflect the true costs that would be incurred 18 by a prudent person in the conduct of a competitive transportation busi- 19 ness. 20 (2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION 21 THREE HUNDRED FIVE OF THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE 22 GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, 23 THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS- 24 PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS 25 STUDENTS PURSUANT TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC- 26 TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE 27 AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT IN 28 A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A 29 "SHARED TRANSPORTATION SERVICES CONTRACT" MEANS A CONTRACT FOR THE 30 TRANSPORTATION OF STUDENTS THAT: (1) PROVIDES TRANSPORTATION TO A 31 LOCATION OUTSIDE THE STUDENTS' SCHOOL DISTRICT OF RESIDENCE TO WHICH 32 ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO ITS OWN 33 STUDENTS THROUGH AN EXISTING CONTRACT WITH A PRIVATE TRANSPORTATION 34 CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO 35 BY THE PRIVATE TRANSPORTATION CONTRACTOR AND EACH SCHOOL DISTRICT 36 INVOLVED; AND (3) PROVIDES FOR TRANSPORTATION IN ACCORDANCE WITH THE 37 TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT. 38 S 4. Paragraph f of subdivision 2-a of section 1950 of the education 39 law, as amended by chapter 602 of the laws of 1994, is amended to read 40 as follows: 41 f. [In the event of a vacancy in the membership of a board of cooper- 42 ative educational services which occurs prior to January first in any 43 school year or during the period commencing five days prior to the date 44 designated for submission of nominations of candidates to the board of 45 cooperative educational services and ending on the last day of the 46 school year, a special election to fill such vacancy shall be conducted 47 in accordance with the provisions of paragraphs b, c and d of this 48 subdivision on a date designated by the president of the board of coop- 49 erative educational services not late than forty-five days after the 50 date the vacancy occurred.] In the event of a vacancy in the membership 51 of a board of cooperative educational services [which occurs on or after 52 January first and prior to the fifth day preceding the date designated 53 for submission of nominations of candidates the board of cooperative 54 educational services], SUCH BOARD may fill such vacancy by appointment 55 and the person so appointed shall hold office until the next annual 56 election of the board of cooperative educational services. [Notwith- S. 1577--A 3 1 standing any other provision of this subdivision, any vacancy which 2 occurs on or after July first, nineteen hundred ninety-three and prior 3 to January first, nineteen hundred ninety-four shall be filled by a 4 special election in accordance with paragraphs b, c and d of this subdi- 5 vision.] 6 S 5. Subdivision 4 of section 1950 of the education law is amended by 7 adding a new paragraph oo to read as follows: 8 OO. THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) IN COOPER- 9 ATION WITH THE DISTRICT SUPERINTENDENT APPOINTED PURSUANT TO SECTION 10 TWENTY-TWO HUNDRED FOUR OF THIS CHAPTER SHALL CONVENE COMMITTEES OF 11 SCHOOL AND COMMUNITY LEADERS IN EACH BOCES REGION TO RECOMMEND OPTIONS 12 FOR SCHOOL DISTRICT CONSOLIDATION AND SHARED SERVICES AND ISSUE A REPORT 13 BASED ON SUCH FINDINGS TO THE COMMISSIONER, NO LATER THAN JULY FIRST, 14 TWO THOUSAND SIXTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO 15 AN EXAMINATION OF THE VIABILITY OF REGIONAL ADMINISTRATIVE OPERATIONS, 16 TRANSPORTATION, ENERGY PROCUREMENT AND HEALTH INSURANCE PROGRAMS, 17 INCLUDING THE BULK PURCHASE OF PRESCRIPTION DRUGS. 18 S 6. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of 19 the education law, as amended by chapter 474 of the laws of 1996, is 20 amended to read as follows: 21 (1) Aidable shared services. At the request of component school 22 districts, and with the approval of the commissioner, provide any of the 23 following services on a cooperative basis: school nurse teacher, attend- 24 ance supervisor, supervisor of teachers, dental hygienist, psychologist, 25 teachers of art, music, physical education, career education subjects, 26 guidance counsellors, operation of special classes for students with 27 disabilities, as such term is defined in article eighty-nine of this 28 chapter; pupil and financial accounting service by means of mechanical 29 equipment; CLAIMS AUDITING OR INTERNAL AUDITING SERVICES; maintenance 30 and operation of cafeteria or restaurant service for the use of pupils 31 and teachers while at school, and such other services as the commission- 32 er may approve. Such cafeteria or restaurant service may be used by the 33 community for school related functions and activities and to furnish 34 meals to the elderly residents of the district, sixty years of age or 35 older. Utilization by elderly residents or school related groups shall 36 be subject to the approval of the board of education. Charges shall be 37 sufficient to bear the direct cost of preparation and serving of such 38 meals, exclusive of any other available reimbursements. 39 S 7. Paragraphs b and c of subdivision 1 of section 6-r of the gener- 40 al municipal law, as added by chapter 260 of the laws of 2004, are 41 amended to read as follows: 42 b. "Participating employer" means: (I) a participating employer as 43 defined in subdivision twenty of section two of the retirement and 44 social security law or in subdivision twenty of section three hundred 45 two of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE OF 46 SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW. 47 c. "Retirement contribution" shall mean all or any portion of the 48 amount payable by a municipal corporation to: (I) either the New York 49 state and local employees' retirement system or the New York state and 50 local police and fire retirement system pursuant to section seventeen or 51 three hundred seventeen of the retirement and social security law; OR 52 (II) THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION 53 FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW. 54 S 8. This act shall take effect immediately, provided, however, that 55 section six of this act shall take effect July 1, 2016.