Bill Text: NY S06025 | 2009-2010 | General Assembly | Introduced


Bill Title: Relates to streamlining planning and reporting requirements for school districts and boards of cooperative educational services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S06025 Detail]

Download: New_York-2009-S06025-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6025
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     June 19, 2009
                                      ___________
       Introduced  by  Sen. OPPENHEIMER -- (at request of the Governor) -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Rules
       AN  ACT  to  amend the education law, in relation to the streamlining of
         planning and reporting requirements for school districts and boards of
         cooperative educational services
         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 school paperwork elimination and reduction act of 2009".
    3    S 2. Subparagraph 5 of paragraph b of subdivision 4 of section 1950 of
    4  the education law, as amended by chapter 602 of the  laws  of  1994,  is
    5  amended to read as follows:
    6    (5)  The  trustees  or  board  of  education  of each component school
    7  district of the board of cooperative educational services shall adopt  a
    8  public  resolution  which  shall  approve  or  disapprove such tentative
    9  administrative budget at a regular or special meeting to be held  within
   10  the  component  district  on the date designated pursuant to subdivision
   11  two-a of this section as the date for election of members of  the  board
   12  of  cooperative  educational  services,  or  in the case of the board of
   13  education of a central high school district on the regular business  day
   14  next following such designated date.
   15    If the resolutions adopted by the trustees or boards of education of a
   16  majority  of  the component school districts of the board of cooperative
   17  educational services actually voting approve the  tentative  administra-
   18  tive budget, the board of cooperative educational services may adopt the
   19  tentative  administrative  budget without modification. If a majority of
   20  the component school districts actually voting fail to adopt resolutions
   21  approving such tentative administrative budget,  or  if  the  number  of
   22  component  school  districts  approving  the budget equals the number of
   23  school districts disapproving  the  budget,  the  board  of  cooperative
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12118-01-9
       S. 6025                             2
    1  educational  services  shall prepare and adopt a contingency administra-
    2  tive budget which shall not exceed  the  amount  of  the  administrative
    3  budget of the board of cooperative educational services for the previous
    4  school  year except to accommodate expenditure increases attributable to
    5  supplemental retirement allowances  payable  pursuant  to  section  five
    6  hundred  thirty-two  of  this  chapter  and section seventy-eight of the
    7  retirement and social security law. [For purposes of  development  of  a
    8  budget  for  the  nineteen hundred ninety-four--ninety-five school year,
    9  each board  of  cooperative  educational  services  shall  separate  its
   10  program, capital and administrative costs for the nineteen hundred nine-
   11  ty-three--ninety-four  school  year  in  the  manner  prescribed  by the
   12  commissioner, and shall submit  the  resulting  separate  administrative
   13  budget  to  the  commissioner for approval. Upon approval of the commis-
   14  sioner, such separate administrative budget shall be deemed the adminis-
   15  trative budget of the board of cooperative educational services for  the
   16  nineteen hundred ninety-three--ninety-four school year.]
   17    S  3.  Paragraph  c  of subdivision 4 of section 1950 of the education
   18  law, as amended by chapter 301 of the laws of 1996, is amended  to  read
   19  as follows:
   20    c.  Make or cause to be made surveys to determine the need for cooper-
   21  ative educational services in the supervisory district and  present  the
   22  findings  of  their  surveys  to local school authorities. Each board of
   23  cooperative educational services shall prepare long range program plans,
   24  INCLUDING SPECIAL EDUCATION AND CAREER EDUCATION PROGRAM PLANS, to  meet
   25  the  projected  need  for  such  cooperative educational services in the
   26  supervisory district for the next five years as may be specified by  the
   27  commissioner,  and  shall  [submit]  KEEP ON FILE AND MAKE AVAILABLE FOR
   28  PUBLIC INSPECTION AND REVIEW BY THE COMMISSIONER such plans  and  there-
   29  after  annual revisions of such plans [to the commissioner] on or before
   30  the first day of December of each year, [except that  special  education
   31  and  career  education program plans, in a form specified by the commis-
   32  sioner, shall be submitted every two years, no later than the date spec-
   33  ified by the commissioner, and  revised  annually]  PROVIDED  THAT  SUCH
   34  PLANS  MAY  BE  INCORPORATED  INTO  A  BOARD  OF COOPERATIVE EDUCATIONAL
   35  SERVICES DISTRICT-WIDE COMPREHENSIVE PLAN.
   36    S 4. Paragraph kk of subdivision 4 of section 1950  of  the  education
   37  law,  as  added  by  section  13 of part A of chapter 436 of the laws of
   38  1997, is amended to read as follows:
   39    kk. For the nineteen hundred  ninety-seven--ninety-eight  school  year
   40  and  thereafter,  the  board of cooperative educational services (BOCES)
   41  shall prepare a BOCES  report  card,  pursuant  to  regulations  of  the
   42  commissioner, and shall make it publicly available by transmitting it to
   43  local  newspapers  of general circulation, appending it to copies of the
   44  proposed administrative budget made publicly available  as  required  by
   45  law,  making  it  available  for distribution at the annual meeting, and
   46  otherwise disseminating it as required by the commissioner. Such  report
   47  card  shall include measures of the academic performance of the board of
   48  cooperative educational services, on a school by school  or  program  by
   49  program basis, and measures of the fiscal performance of the supervisory
   50  district,  as prescribed by the commissioner. Pursuant to regulations of
   51  the commissioner, the report card shall also compare these  measures  to
   52  statewide  averages  for all boards of cooperative educational services.
   53  Such report card shall include[, at a minimum, any  information  of  the
   54  board  of  cooperative  educational services regarding pupil performance
   55  and expenditure per pupil required to be included in the  annual  report
   56  by  the  regents to the governor and the legislature pursuant to section
       S. 6025                             3
    1  two hundred fifteen-a of this  chapter;  and]  any  [other]  information
    2  required by the commissioner.
    3    S  5.  Paragraph  f of subdivision 11 of section 3602 of the education
    4  law, as added by chapter 82 of the laws of 1995 and such subdivision  as
    5  renumbered by section 15 of part B of chapter 57 of the laws of 2007, is
    6  amended to read as follows:
    7    f. Approved [plan of service and program evaluation] APPLICATION.  All
    8  school districts and BOCES desiring to operate an aidable program pursu-
    9  ant to this subdivision shall complete [a comprehensive plan of service]
   10  AN  application, including a budget by program component[, together with
   11  an evaluation of the effectiveness of program components offered  during
   12  the most recent July first through March thirtieth, if any]. Such [eval-
   13  uation  and  plan]  APPLICATION  shall  be  in  a form prescribed by the
   14  commissioner and shall be submitted  not  later  than  [forty-five  days
   15  after  the  provisions  of this paragraph shall have become law, and not
   16  later than] May fifteenth [in subsequent]  OF EACH school [years]  YEAR.
   17  Within  forty-five  days  of  such deadline, and upon evaluation of such
   18  applications, the commissioner shall notify school districts  and  BOCES
   19  of  those  portions  of  such [plan of service] APPLICATION that will be
   20  aidable in the school year  ahead  after  making  a  determination  that
   21  approval  of  such [programs] APPLICATION will assure maximum effective-
   22  ness, geographic availability and lack of duplication of such  programs,
   23  support  for  educational  initiatives,  and  compliance  with  required
   24  program and fiscal reporting  requirements.  No  aid  shall  be  payable
   25  pursuant  to  this  subdivision  unless  the  [program]  APPLICATION  is
   26  approved by the commissioner.
   27    S 6. Paragraph b of subdivision 8 of section  3602  of  the  education
   28  law,  as  amended  by  section 16 of part B of chapter 57 of the laws of
   29  2007, is amended to read as follows:
   30    b. District plans of service. Any school district receiving  an  addi-
   31  tional  apportionment  pursuant  to  subdivision ten of this section for
   32  pupils in career education programs or a payment in lieu of such  appor-
   33  tionment  or having a public excess cost aid setaside pursuant to subdi-
   34  vision four of this section shall keep on file and  make  available  for
   35  public  inspection  and review by the commissioner an acceptable plan of
   36  service describing the student outcomes expected from implementation  of
   37  the  proposed  plan,  provided that such plan may be incorporated into a
   38  school district's district-wide comprehensive plan. The plan of  service
   39  [submitted  by]  OF a school district receiving an additional apportion-
   40  ment pursuant to this section for pupils with  disabilities  shall  also
   41  describe  how  such  district  intends  to ensure that all instructional
   42  materials to be used in the schools of such district will be made avail-
   43  able in a usable alternative format for each student with  a  disability
   44  and for each student who is a qualified individual with a disability, at
   45  the same time as such instructional materials are available to non-disa-
   46  bled  students, provided that such plan may incorporate by reference the
   47  alternative format plans developed pursuant to subdivision twenty-nine-a
   48  of section sixteen hundred four, subdivision four-a of section seventeen
   49  hundred nine, subdivision seven-a of section twenty-five  hundred  three
   50  or subdivision seven-a of section twenty-five hundred fifty-four of this
   51  chapter.  Such  plans shall be in a form prescribed by the commissioner,
   52  and except as heretofore provided, shall have the content prescribed  by
   53  the  commissioner.  The  commissioner  may,  from  time to time, require
   54  amendments of such plans as deemed to be necessary  and  appropriate  to
   55  further the educational welfare of the pupils involved.
       S. 6025                             4
    1    S  7.  This act shall take effect immediately; provided, however, that
    2  the commissioner of education shall promulgate any rules or  regulations
    3  necessary  to  implement the provisions of this act on or before July 1,
    4  2010.
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