Bill Text: NY A00598 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to budgets of boards of cooperative educational services.
Spectrum: Slight Partisan Bill (Democrat 16-8)
Status: (Introduced - Dead) 2018-01-03 - referred to education [A00598 Detail]
Download: New_York-2017-A00598-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 598 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. JAFFEE, CAHILL, BUCHWALD, GALEF, ZEBROWSKI, SKOUFIS, LUPARDO, McDONOUGH, JEAN-PIERRE -- Multi-Sponsored by -- M. of A. CRESPO, CROUCH, GARBARINO, PALMESANO, RIVERA, SIMON -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to budgets of 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. Subparagraph 1 of paragraph b of subdivision 4 of section 2 1950 of the education law, as amended by chapter 474 of the laws of 3 1996, is amended to read as follows: 4 (1) Prepare, prior to the annual meeting of members of the boards of 5 education and school trustees, held as provided in paragraph o of this 6 subdivision, a tentative budget of expenditures for the program costs, a 7 tentative budget for capital costs, and a tentative budget for the 8 administration costs of the board of cooperative educational services. 9 Except as provided in paragraph c-1 of this subdivision, [Such] such 10 budgets shall include the proposed budget for the upcoming school year, 11 the previous school year's actual costs and the current school year's 12 projected costs for each object of expenditure. Such program, capital 13 and administrative budgets shall be separately delineated in accordance 14 with the definition of program, capital and administrative costs which 15 shall be promulgated by the commissioner after consultation with school 16 district officials and the director of the budget. Personal service 17 costs for each budget shall include the number of full-time equivalent 18 positions funded and total salary and, except as noted herein, fringe 19 benefit costs for such positions by program. Each program budget shall 20 also include the local and statewide unit costs of such programs and 21 services proposed for the upcoming school year, such actual unit costs 22 for the previous school year, and the current school year's projected 23 unit costs, all established in accordance with paragraph d of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05573-01-7A. 598 2 1 subdivision. The capital budget shall include facility construction and 2 lease expenditures authorized pursuant to paragraphs p, t and u of this 3 subdivision, payments for the repayment of indebtedness related to capi- 4 tal projects, payments for the acquisition or construction of facili- 5 ties, sites or additions, provided that such budget shall contain a 6 rental, operations and maintenance section that will include base rent 7 costs, total rent costs, operations and maintenance charges, cost per 8 square foot for each facility rented or leased by such board of cooper- 9 ative educational services, and any and all expenditures associated with 10 custodial salaries and benefits, service contracts, supplies, utilities, 11 maintenance and repairs for such facilities, and that such budget shall 12 include the annual debt service and total debt for all facilities 13 financed by bonds or notes of the component districts, annual rental and 14 lease payments and total rental and lease costs for all facilities rent- 15 ed by such board; such capital budget shall also include expenditures 16 resulting from court judgments and orders from administrative bodies or 17 officers, and, to the extent a board's administrative budget has been 18 adopted, one-time costs incurred in the first year in which an employee 19 retires. The administrative budget shall include, but need not be limit- 20 ed to, office and central administrative expenses, traveling expenses 21 and salaries and benefits of supervisors and administrative personnel 22 necessary to carry out the central administrative duties of the supervi- 23 sory district, any and all expenditures associated with the board, the 24 office of district superintendent, general administration, central 25 support services, planning, and all other administrative activities. 26 Such administrative budget shall also specify the amount of supplementa- 27 ry salary and benefits, if any, which the board determines should be 28 paid to the district superintendent of schools and the board shall 29 append to such budget a detailed statement of the total compensation to 30 be paid the district superintendent of schools by the board, including a 31 delineation of the salary, annualized cost of benefits and any in-kind 32 or other form of remuneration to be paid, plus, commencing with the 33 presentation of the budget for the nineteen hundred ninety-seven--nine- 34 ty-eight school year, a list of items of expense eligible for reimburse- 35 ment on expense accounts in the ensuing school year and a statement of 36 the amount of expenses paid to the district superintendent of schools in 37 the prior year for purposes of carrying out his or her official duties. 38 § 2. Subdivision 4 of section 1950 of the education law is amended by 39 adding a new paragraph c-1 to read as follows: 40 c-1. The commissioner may, pursuant to rules and regulations, author- 41 ize a BOCES, to operate on a multi-year budget for program, capital 42 and/or administrative expenditures if it is determined by the commis- 43 sioner that a multi-year budget will result in greater efficiencies to 44 the component district. Such multi-year budget shall be developed in the 45 same manner as required pursuant to subparagraphs one, two, three, four, 46 five, six and seven of paragraph b of this subdivision except that it 47 shall be done based on a multi-year basis. 48 § 3. Subdivision 1 of section 1951 of the education law, as amended by 49 chapter 474 of the laws of 1996, is amended to read as follows: 50 1. The final administrative and capital budgets of the board of coop- 51 erative educational services as adopted including, but not limited to 52 multi-year budgets that are authorized pursuant to paragraph c-1 of 53 subdivision four of section nineteen hundred fifty of this article, 54 shall be a charge against all of the school districts contained in the 55 board of cooperative educational services, provided, however, that any 56 component school district which does not elect to participate in anyA. 598 3 1 specific educational service authorized to be furnished by the board of 2 cooperative educational services shall not be required to pay any share 3 of the moneys provided in the program budget as salaries of teachers or 4 other personnel employed in providing such service, for equipment and 5 supplies for such service or for transportation of pupils to and from 6 the place where such service is maintained, provided, however, expendi- 7 tures for the board of cooperative educational services program, includ- 8 ing office and central administrative expenses, traveling expenses and 9 salaries and benefits of supervisors and all other central administra- 10 tive personnel necessary to carry out its program shall be deemed admin- 11 istrative expenses which shall be a charge upon all component school 12 districts notwithstanding the fact that such a component school district 13 elects to not participate in any specific program offered by the board 14 of cooperative educational services. Each school district's propor- 15 tionate share of administrative and capital expenses shall be determined 16 in accordance with subparagraph seven of paragraph b of subdivision four 17 of section nineteen hundred fifty of this article. The board shall allo- 18 cate the cost of other services to participating component school 19 districts in accordance with terms agreed upon between such board and 20 the boards of education and trustees of each component school district 21 using the local uniform unit cost of each such service, based on (i) 22 anticipated participation in the ensuing school year, or (ii) partic- 23 ipation in the current year, or (iii) a two or three year average 24 including participation in the current year, which unit cost shall be 25 the same for all participating component school districts and shall be 26 computed in accordance with a uniform methodology approved annually by 27 at least three-quarters of the participating component school districts 28 after consultation by local school officials with their respective 29 boards; provided, however, such unit cost shall be subject to final 30 adjustment for programs for students with disabilities based on actual 31 participation in accordance with regulations of the commissioner. The 32 school authorities of each school district in the board of cooperative 33 educational services shall add such amount to the budget of such school 34 district and shall pay such amount to the treasurer of the board of 35 cooperative educational services, and shall be paid out by the treasurer 36 upon orders of the board issued and executed pursuant to the resolution 37 of said board. 38 § 4. This act shall take effect on the first of July next succeeding 39 the date on which it shall have become a law.
