Bill Text: NY A05856 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the education law, in relation to increasing the qualifications for school district business officials

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Introduced - Dead) 2010-05-12 - held for consideration in education [A05856 Detail]

Download: New_York-2009-A05856-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5856
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2009
                                      ___________
       Introduced by M. of A. CONTE, HAWLEY, KOLB, OAKS, RAIA, REILICH, SALADI-
         NO,  THIELE,  WALKER -- Multi-Sponsored by -- M. of A. BACALLES, BALL,
         BARCLAY, FINCH, JORDAN, MILLER, O'MARA, SAYWARD, SPANO, TEDISCO, TOWN-
         SEND -- read once and referred to the Committee on Education
       AN ACT to amend the education law, in relation to increasing the  quali-
         fications for school district business officials
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 2116-d
    2  to read as follows:
    3    S 2116-D. SCHOOL DISTRICT BUSINESS OFFICIALS.   1. ON AND  AFTER  JULY
    4  FIRST,  TWO  THOUSAND  TWELVE, THE BOARD OF EDUCATION OR OTHER GOVERNING
    5  BOARD OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
    6  SHALL BE REQUIRED TO EMPLOY A CERTIFIED SCHOOL BUSINESS LEADER WHO MEETS
    7  THE  REQUIREMENTS  OF SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF
    8  THIS CHAPTER AS THE CHIEF SCHOOL  BUSINESS  OFFICIAL  OF  THE  DISTRICT,
    9  EXCEPT  THAT  AN  INCUMBENT  WHO IS SERVING AS THE CHIEF SCHOOL BUSINESS
   10  OFFICIAL ON SUCH DATE AS A DEPUTY, ASSISTANT, OR  ASSOCIATE  SUPERINTEN-
   11  DENT FOR BUSINESS OR OTHER CERTIFIED SCHOOL ADMINISTRATOR HAVING PROFES-
   12  SIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT,
   13  OR  IN  A  POSITION IN THE CLASSIFIED CIVIL SERVICE AS A SCHOOL BUSINESS
   14  MANAGER OR THE EQUIVALENT, MAY CONTINUE TO BE EMPLOYED IN SUCH CAPACITY,
   15  PROVIDED THAT SUCH INDIVIDUAL  SUCCESSFULLY  COMPLETES  THE  EXAMINATION
   16  PRESCRIBED  BY  THE  COMMISSIONER PURSUANT TO PARAGRAPH B OF SUBDIVISION
   17  SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER NO LATER  THAN  JUNE
   18  THIRTIETH, TWO THOUSAND FOURTEEN.
   19    2.  EVERY EMPLOYMENT CONTRACT ENTERED INTO, AMENDED OR EXTENDED BY THE
   20  TRUSTEES OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OR  A  BOARD  OF
   21  COOPERATIVE  EDUCATIONAL  SERVICES  ON OR AFTER JULY FIRST, TWO THOUSAND
   22  TEN WITH A DEPUTY SUPERINTENDENT  OF  SCHOOLS  FOR  BUSINESS,  ASSOCIATE
   23  SUPERINTENDENT  OF  SCHOOLS  FOR  BUSINESS,  ASSISTANT SUPERINTENDENT OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04325-01-9
       A. 5856                             2
    1  SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL  RESPONSIBILITY
    2  FOR  THE BUSINESS OPERATION OF THE SCHOOL DISTRICT OR WITH AN INDIVIDUAL
    3  EMPLOYED IN A CLASSIFIED CIVIL SERVICE POSITION  AS  A  SCHOOL  BUSINESS
    4  MANAGER  OR  THE  EQUIVALENT  SHALL INCLUDE A CLAUSE REQUIRING THAT SUCH
    5  EMPLOYEE  COMPLETE  THE  REQUIRED  CONTINUING  EDUCATION  COURSEWORK  IN
    6  ACCOUNTING  AND/OR FINANCE AND PROFESSIONAL DEVELOPMENT COURSES APPROVED
    7  BY THE COMMISSIONER IN EACH YEAR OF THE CONTRACT.
    8    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
    9  THE  CONTRARY,  ON  AND  AFTER JULY FIRST, TWO THOUSAND TWELVE, EXPENSES
   10  INCURRED BY  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
   11  SERVICES  FOR  THE SHARING OF PERSONNEL TO SERVE AS A DEPUTY SUPERINTEN-
   12  DENT OF SCHOOLS FOR BUSINESS, ASSOCIATE SUPERINTENDENT  OF  SCHOOLS  FOR
   13  BUSINESS,  ASSISTANT  SUPERINTENDENT  OF  SCHOOLS  FOR BUSINESS OR OTHER
   14  PERSON HAVING PROFESSIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION  OF
   15  THE  SCHOOL  DISTRICT SHALL NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVI-
   16  SION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER OR ANY OTHER
   17  PROVISIONS OF LAW PROVIDING AID FOR THE SHARING OF SERVICES, UNLESS SUCH
   18  SHARED EMPLOYEE IS CERTIFIED AS A SCHOOL DISTRICT BUSINESS LEADER PURSU-
   19  ANT TO SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER.
   20    S 2. Subdivision 5 of section 3003 of the education law, as  added  by
   21  chapter  639  of the laws of 1990, is amended and a new subdivision 6 is
   22  added to read as follows:
   23    5. [The] FOR CANDIDATES WHO APPLY FOR A CERTIFICATE ON OR  BEFORE  THE
   24  FIRST  DAY  OF  SEPTEMBER,  TWO  THOUSAND  ELEVEN,  THE commissioner may
   25  provide for the issuance  of  a  certificate  as  deputy,  associate  or
   26  assistant  superintendent for business to any qualified person who meets
   27  all of the requirements of subdivision one of this section, except those
   28  contained in paragraph b of subdivision one of this section.
   29    6. A. FOR CANDIDATES WHO APPLY FOR  A  CERTIFICATE  ON  OR  AFTER  THE
   30  SECOND  DAY  OF  SEPTEMBER,  TWO THOUSAND ELEVEN, THE COMMISSIONER SHALL
   31  PROVIDE FOR THE ISSUANCE OF  A  PROFESSIONAL  CERTIFICATE  AS  A  SCHOOL
   32  DISTRICT BUSINESS LEADER (DEPUTY SUPERINTENDENT OF SCHOOLS FOR BUSINESS,
   33  ASSOCIATE  SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSISTANT SUPERINTEN-
   34  DENT OF SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPON-
   35  SIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT)  IN  ACCORD-
   36  ANCE  WITH THIS SUBDIVISION TO ANY QUALIFIED PERSON WHO MEETS ALL OF THE
   37  REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, EXCEPT THOSE  CONTAINED
   38  IN  PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, AND THE REQUIREMENTS
   39  OF THIS SUBDIVISION.
   40    B. THE COMMISSIONER SHALL REQUIRE THAT AT LEAST  TWENTY-FOUR  SEMESTER
   41  HOURS  OF THE GRADUATE COURSES REQUIRED UNDER PARAGRAPH A OF SUBDIVISION
   42  ONE OF THIS SECTION BE IN ACCOUNTING AND/OR FINANCE  COURSES  DETERMINED
   43  BY  THE  COMMISSIONER  TO BE RELEVANT TO THE EFFECTIVE MANAGEMENT OF THE
   44  FISCAL RESOURCES OF A  SCHOOL  DISTRICT.  THE  COMMISSIONER  SHALL  ALSO
   45  REQUIRE  CANDIDATES  TO  SUCCESSFULLY  COMPLETE AN EXAMINATION THAT WILL
   46  ASSESS THE CANDIDATE'S KNOWLEDGE OF BASIC BUDGETING AND ACCOUNTING PRIN-
   47  CIPLES AND THE STATE AND FEDERAL LAWS AND REGULATIONS RELATING TO SCHOOL
   48  FINANCE, WHEN SUCH EXAMINATION BECOMES AVAILABLE. THE COMMISSIONER SHALL
   49  ALSO REQUIRE THAT CANDIDATES COMPLETE AN INTERNSHIP REQUIREMENT AS  PART
   50  OF  THEIR  GRADUATE  PROGRAM  THAT INCLUDES A FULL-TIME EXPERIENCE OF AT
   51  LEAST FIFTEEN WEEKS IN DURATION.
   52    C. THE COMMISSIONER SHALL ESTABLISH AN  ALTERNATIVE  PATHWAY  TO  SUCH
   53  CERTIFICATION,  WHEREBY  A CANDIDATE WHO FULFILLS ALL OTHER REQUIREMENTS
   54  SHALL BE DEEMED TO MEET THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR A
   55  PROFESSIONAL CERTIFICATE IF HE OR SHE HOLDS A MASTER'S DEGREE  IN  BUSI-
   56  NESS ADMINISTRATION OR A MASTER'S DEGREE IN ACCOUNTING.
       A. 5856                             3
    1    D.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
    2  THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT A WAIVER  OF
    3  THE  COURSEWORK  AND  INTERNSHIP REQUIREMENTS FOR A PROFESSIONAL CERTIF-
    4  ICATE TO CANDIDATES WHO, UPON REVIEW OF THEIR TRANSCRIPT AND EXPERIENCE,
    5  ARE  DETERMINED  BY  THE  COMMISSIONER  TO BE EXCEPTIONALLY QUALIFIED TO
    6  SERVE AS A SCHOOL DISTRICT BUSINESS LEADER.
    7    E. THE COMMISSIONER SHALL ALSO REQUIRE THAT THE PROFESSIONAL  DEVELOP-
    8  MENT  REQUIRED  UNDER THE REGULATIONS OF THE COMMISSIONER OF ALL CERTIF-
    9  ICATE HOLDERS  TO  MAINTAIN  A  PROFESSIONAL  CERTIFICATE  AS  A  SCHOOL
   10  DISTRICT  BUSINESS  LEADER  ANNUALLY  INCLUDE  A  MAJORITY  ANNUALLY  OF
   11  APPROVED COURSEWORK IN ACCOUNTING AND/OR FINANCE.
   12    S 3. This act shall take effect on the first of July  next  succeeding
   13  the date on which it shall have become a law.
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