Bill Text: NY A07150 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Recognizes boards of cooperative educational services as regional leaders and expands the provision of services by boards of cooperative educational services; authorizes school library systems to serve charter school libraries; expands the authority of boards of cooperative educational services to provide services to charter schools; authorizes boards of cooperative educational services to enter into contracts with library systems for high-speed telecommunication services; authorizes boards of cooperative educational services to enter into contracts with state agencies for the administration of certain instructional services; authorizes the office of mental health to meet its educational obligations for certain children by contracting for such services with the board of cooperative educational services; provides school districts with flexibility in carrying out their claims auditing function.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-22 - print number 7150a [A07150 Detail]

Download: New_York-2013-A07150-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7150
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 2, 2013
                                      ___________
       Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
         Department) -- read once and referred to the Committee on Education
       AN ACT to amend the education law, in relation to recognizing boards  of
         cooperative educational services as regional leaders and to expand the
         provision  of  services by boards of cooperative educational services,
         authorizing school library systems to serve charter school  libraries,
         expanding  the authority of boards of cooperative educational services
         to provide services to charter schools, authorizing boards of  cooper-
         ative  educational  services  to  enter  into  contracts  with library
         systems for high-speed telecommunications services, authorizing boards
         of cooperative educational services to enter into contracts with state
         agencies for the administration  of  certain  instructional  services,
         authorizing  the office of mental health to meet its educational obli-
         gations for certain children by contracting for such services with the
         board of cooperative educational services, providing school  districts
         with  flexibility  in  carrying out their claims auditing function and
         expanding the authority of boards of cooperative educational  services
         to process fingerprints
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The legislature  finds  and  declares
    2  that  boards  of cooperative educational services serve a critical func-
    3  tion as regional leaders essential in supporting the State's  commitment
    4  to  implementing  the reforms in the State's Race to the Top Application
    5  and in assisting the State in carrying out the State's educational poli-
    6  cies, including but not limited to the reform agenda  of  the  board  of
    7  regents.  The  role  of the board of cooperative educational services is
    8  essential to the State's effective implementation of  a  common  set  of
    9  K-12  standards that are built on college and career readiness; develop-
   10  ing  and  implementing  common,  high-quality   assessments;   assisting
   11  districts in fully implementing a statewide longitudinal data system and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10142-01-3
       A. 7150                             2
    1  improving  teacher  and  principal effectiveness using a rigorous State-
    2  wide evaluation system and ensuring accountability.
    3    S  2. Section 282 of the education law, as added by chapter 348 of the
    4  laws of 1984, is amended to read as follows:
    5    S 282. Establishment of school library systems.   The commissioner  is
    6  authorized  to approve the establishment of school library systems, each
    7  system to be composed of school districts which  are  located  within  a
    8  board  of  cooperative  educational  services area, or a school district
    9  serving a city with a population of one hundred twenty-five thousand  or
   10  more, or combinations thereof. The systems may include non-public school
   11  libraries as defined in regulations to be promulgated by the commission-
   12  er  AND  CHARTER  SCHOOL  LIBRARIES.    Upon  establishment, such school
   13  library systems shall be governed by either their respective  boards  of
   14  cooperative  educational  services,  by  boards  of  education in school
   15  districts serving cities with populations  of  one  hundred  twenty-five
   16  thousand  or  more, or by a governing body established under the plan to
   17  be submitted to the commissioner in cases of systems serving a  combina-
   18  tion of areas.
   19    S 3. Paragraph h of subdivision 4 of section 1950 of the education law
   20  is amended by adding a new subparagraph 11 to read as follows:
   21    (11)  TO  ENTER INTO CONTRACTS WITH CHARTER SCHOOLS LOCATED WITHIN THE
   22  AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO  PROVIDE
   23  SUCH  CHARTER  SCHOOLS,  AT COST, WITH ANY SERVICES THE BOARD OF COOPER-
   24  ATIVE EDUCATIONAL SERVICES PROVIDES TO SCHOOL DISTRICTS. CONTRACTS  MUST
   25  BE  EXECUTED  BY  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE
   26  BOARD OF TRUSTEES OF SUCH CHARTER SCHOOLS AND SHALL ONLY AUTHORIZE CHAR-
   27  TER SCHOOL STUDENTS TO PARTICIPATE IN AN INSTRUCTIONAL PROGRAM  IF  SUCH
   28  SERVICES  ARE  AVAILABLE  TO  ALL  ELIGIBLE  STUDENTS  IN  THE COMPONENT
   29  DISTRICTS. TO BE APPROVED BY THE COMMISSIONER, THE  CONTRACT,  INCLUDING
   30  ANY BUSINESS PLAN, SHALL DEMONSTRATE THAT ANY SERVICES PROVIDED TO CHAR-
   31  TER  SCHOOLS PURSUANT TO THIS SUBPARAGRAPH SHALL NOT RESULT IN ANY ADDI-
   32  TIONAL COSTS BEING IMPOSED ON COMPONENT SCHOOL DISTRICTS  AND  THAT  ANY
   33  PAYMENTS  RECEIVED  BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR
   34  SERVICES PROVIDED IN THIS SUBPARAGRAPH THAT EXCEED ANY COST TO THE BOARD
   35  OF COOPERATIVE EDUCATIONAL SERVICES FOR PROVIDING SUCH SERVICES SHALL BE
   36  APPLIED TO REDUCE THE COSTS OF  AIDABLE  SHARED  SERVICES  ALLOCATED  TO
   37  COMPONENT  SCHOOL  DISTRICTS PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION
   38  AND SHALL ALSO BE APPLIED TO REDUCE THE APPROVED COST OF SERVICES PURSU-
   39  ANT TO SUBDIVISION FIVE OF THIS SECTION. SERVICES PROVIDED BY A BOARD OF
   40  COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT DISTRICTS AT THE  TIME  OF
   41  APPROVAL  OF  A  CONTRACT  UNDER  THIS PARAGRAPH SHALL NOT BE REDUCED OR
   42  ELIMINATED SOLELY DUE TO A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES'
   43  PERFORMANCE OF SERVICES TO CHARTER SCHOOLS PURSUANT TO THIS PARAGRAPH.
   44    S 4. Subparagraph 2 of paragraph h of subdivision 4 of section 1950 of
   45  the  education  law,  as  amended by chapter 422 of the laws of 2012, is
   46  amended to read as follows:
   47    (2) To enter into contracts with the United  States  of  America,  the
   48  State of New York, any school district, community college, public insti-
   49  tution  of higher education, independent institution of higher education
   50  eligible for aid under section sixty-four hundred one of  this  chapter,
   51  public  libraries,  or  public  agency in relation to the program of the
   52  board of cooperative  educational  services,  AND  PUBLIC  LIBRARIES  OR
   53  PUBLIC  LIBRARY  SYSTEMS  TO PROVIDE TELECOMMUNICATIONS SERVICES TO SUCH
   54  PUBLIC LIBRARIES OR SYSTEMS, INCLUDING, BUT NOT LIMITED  TO,  HIGH-SPEED
   55  INTERNET  SERVICES,  and  any  such  school district, community college,
   56  institution of higher education, PUBLIC LIBRARY, PUBLIC  LIBRARY  SYSTEM
       A. 7150                             3
    1  or  public  agency  is hereby authorized and empowered to do and perform
    2  any and all acts necessary or convenient in relation to the  performance
    3  of any such contracts.
    4    S 5. Subparagraph 9 of paragraph h of subdivision 4 of section 1950 of
    5  the  education law, as added by section 1 of part M of chapter 56 of the
    6  laws of 2012, is amended to read as follows:
    7    (9) To enter into contracts with the commissioner  of  the  office  of
    8  mental  health,  to  provide  [special  education  and related services]
    9  EDUCATIONAL SERVICES, in accordance with subdivision  six-b  of  section
   10  thirty-two  hundred  two  of  this  chapter  to patients hospitalized in
   11  hospitals operated by the office of mental health who  are  between  the
   12  ages of five and twenty-one who have not received a high school diploma;
   13  PROVIDED  HOWEVER  THAT  EDUCATIONAL SERVICES FOR SUCH STUDENTS SHALL BE
   14  LIMITED TO THE PROVISION OF SPECIAL EDUCATION AND RELATED  SERVICES  FOR
   15  STUDENTS  WITH  DISABILITIES  UNLESS  THE  COMMISSIONER OF THE OFFICE OF
   16  MENTAL HEALTH DETERMINES THAT REASONABLE EFFORTS WERE MADE  TO  CONTRACT
   17  WITH A SCHOOL DISTRICT FOR THE PROVISION OF REGULAR EDUCATIONAL SERVICES
   18  PURSUANT  TO SUBDIVISION SIX-B OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
   19  CHAPTER BUT AN AGREEMENT COULD NOT  BE  REACHED.    [Any  such  proposed
   20  contract  shall be subject to the review by the commissioner and his and
   21  her  determination  that  it  is  an  approved  cooperative  educational
   22  service.  Services]
   23    (I)  PRIOR TO ENTERING ANY SUCH CONTRACT, AND ANNUALLY THEREAFTER, THE
   24  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT  TO  THE  COMMIS-
   25  SIONER,  THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND THE DIVI-
   26  SION OF THE BUDGET A PROPOSED OPERATING PLAN AND PROPOSED  BUDGET  BASED
   27  UPON  THE  REQUEST  FOR  SERVICES  RECEIVED FROM THE COMMISSIONER OF THE
   28  OFFICE OF MENTAL HEALTH.
   29    (II) THE EDUCATIONAL SERVICES THAT ARE  CONTAINED  IN  SUCH  OPERATING
   30  PLAN  SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER UPON A DETER-
   31  MINATION THAT SUCH SERVICES ARE NECESSARY  TO  SATISFY  THE  OBLIGATIONS
   32  PURSUANT  TO  SECTION  33.11  OF  THE  MENTAL HYGIENE LAW OR SECTION ONE
   33  HUNDRED TWELVE OF THIS TITLE.
   34    (III) THE PROPOSED BUDGET ACCOMPANYING AN OPERATING PLAN  APPROVED  BY
   35  THE  COMMISSIONER  SHALL  CONFORM  TO  THE REQUIREMENT THAT ANY SERVICES
   36  provided pursuant to [such contracts]  A  CONTRACT  AUTHORIZED  BY  THIS
   37  SUBPARAGRAPH shall be provided at cost and [approved by the commissioner
   38  of  the  office of mental health and the director of the division of the
   39  budget, and] the board of cooperative educational services shall not  be
   40  authorized  to  charge  any costs incurred in providing such services to
   41  its component school districts.
   42    (IV) SERVICES PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
   43  TO  COMPONENT DISTRICTS AT THE TIME OF APPROVAL OF A CONTRACT UNDER THIS
   44  SUBPARAGRAPH SHALL NOT BE REDUCED OR ELIMINATED SOLELY DUE TO A BOARD OF
   45  COOPERATIVE EDUCATIONAL SERVICES' PERFORMANCE OF  SERVICES  PURSUANT  TO
   46  THIS SUBPARAGRAPH.
   47    S 6. Paragraph h of subdivision 4 of section 1950 of the education law
   48  is amended by adding a new subparagraph 12 to read as follows:
   49    (12)  TO  ENTER  INTO  CONTRACTS WITH STATE AGENCIES THAT HAVE SCHOOLS
   50  MAINTAINED FOR CHILDREN IN FACILITIES OPERATED  OR  SUPERVISED  BY  SUCH
   51  AGENCIES  AND  ARE RESPONSIBLE FOR THE EDUCATION OF SUCH CHILDREN, OTHER
   52  THAN THE STATE AGENCIES TO WHICH SUBPARAGRAPH  EIGHT  OR  NINE  OF  THIS
   53  PARAGRAPH  APPLY,  TO  PROVIDE  SUCH  CHILDREN  WITH  ANY  INSTRUCTIONAL
   54  SERVICES PROVIDED BY THE BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  TO
   55  SCHOOL  DISTRICTS,  INCLUDING, BUT NOT LIMITED TO, SPECIAL EDUCATION AND
   56  RELATED SERVICES. ANY SUCH PROPOSED CONTRACT SHALL  BE  SUBJECT  TO  THE
       A. 7150                             4
    1  REVIEW  AND  APPROVAL OF THE COMMISSIONER. SERVICES PROVIDED PURSUANT TO
    2  SUCH CONTRACTS SHALL BE PROVIDED AT COST TO SUCH STATE AGENCIES AND  THE
    3  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES SHALL NOT BE AUTHORIZED TO
    4  CHARGE  ANY  COSTS  INCURRED IN PROVIDING SUCH SERVICES TO ITS COMPONENT
    5  SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH
    6  STATE AGENCIES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL  ACTS
    7  NECESSARY   OR  CONVENIENT  IN  RELATION  TO  THE  PERFORMANCE  OF  SUCH
    8  CONTRACTS.
    9    S 7. Paragraph h of subdivision 4 of section 1950 of the education law
   10  is amended by adding a new subparagraph 13 to read as follows:
   11    (13) TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR THE PURPOSE  OF
   12  PROVIDING  TREASURER  AND  PURCHASING  AGENT  SERVICES  TO  SUCH  SCHOOL
   13  DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH  STATE
   14  SCHOOLS  ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL ACTS NECES-
   15  SARY OR CONVENIENT IN RELATION TO THE PROVISION OF SUCH SERVICES.
   16    S 8. Subdivision 4 of section 1950 of the education law is amended  by
   17  adding a new paragraph oo to read as follows:
   18    OO.  TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD
   19  CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY  AND  SECONDARY
   20  SCHOOLS  AND  CHARTER  SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION
   21  THREE HUNDRED FIVE OF THIS CHAPTER AND  TO  ENTER  CONTRACTS  WITH  SUCH
   22  SCHOOLS  FOR  SUCH  PURPOSE,  AND  TO  PROCESS FINGERPRINTS FOR CRIMINAL
   23  HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE THOUSAND  THIRTY-FIVE
   24  OF  THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLI-
   25  CANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR  OF
   26  SECTION  TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. SUCH PROCESSING
   27  SERVICES SHALL BE PROVIDED AT COST AND THE BOARD OF  COOPERATIVE  EDUCA-
   28  TIONAL  SERVICES SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN
   29  PROVIDING SUCH SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD  OF
   30  COOPERATIVE  EDUCATIONAL SERVICES IS HEREBY AUTHORIZED TO DO AND PERFORM
   31  ANY AND ALL ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF
   32  SUCH SERVICES.
   33    S 9. Subdivision 6-b of section 3202 of the education law, as added by
   34  section 2 of part M of chapter 56 of the laws of  2012,  is  amended  to
   35  read as follows:
   36    6-b. The commissioner of mental health may meet his or her obligations
   37  under  section  33.11  of the mental hygiene law AND SECTION ONE HUNDRED
   38  TWELVE OF THIS CHAPTER by contracting pursuant to this  subdivision  for
   39  educational  services  for children between the ages of five and twenty-
   40  one who do not hold a high school diploma and who  are  hospitalized  in
   41  hospitals  operated  by the office of mental health with the trustees or
   42  board of education of any school district for  educational  services  or
   43  with  a  board  of cooperative educational services for the provision of
   44  EDUCATIONAL SERVICES TO SUCH CHILDREN, INCLUDING  BUT  NOT  LIMITED  TO,
   45  special education and related services to [such] children WITH DISABILI-
   46  TIES in accordance with their individualized education programs.
   47    (1)  The  costs  of such education shall not be a charge upon a school
   48  district pursuant to section 33.11 of the mental hygiene law.
   49    [(1) The education department shall reimburse the school  district  or
   50  board of cooperative educational services providing educational services
   51  pursuant  to this subdivision for the full cost of all services pursuant
   52  to the terms of such contract.]
   53    (2) The commissioner of mental health, with the approval of the direc-
   54  tor of the division of the budget,  shall  be  authorized  to  [transfer
   55  funding  to  the  commissioner  of  education to the extent necessary to
   56  reimburse  school  districts  and  boards  of  cooperative   educational
       A. 7150                             5
    1  services  for  services  and educational programming provided under such
    2  contracts] ESTABLISH THE TERMS OF THE  CONTRACT,  INCLUDING  THE  AGREED
    3  UPON  CHARGE FOR THE SERVICES TO BE PROVIDED, WHICH SHALL CONFORM TO THE
    4  REQUIREMENTS CONTAINED WITHIN SUBPARAGRAPH NINE OF PARAGRAPH H OF SUBDI-
    5  VISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER.
    6    (3)  Notwithstanding  any provision of law to the contrary, nothing in
    7  this subdivision or subparagraph nine of paragraph h of subdivision four
    8  of section nineteen hundred fifty of this chapter shall be construed  as
    9  requiring participation by any local school district or board of cooper-
   10  ative educational services.
   11    S  10.  This  act shall take effect July 1, 2013, provided however, if
   12  this act shall become a law after such date it shall take  effect  imme-
   13  diately and shall be deemed to have been in full force and effect on and
   14  after July 1, 2013, provided further that the amendments to subparagraph
   15  9  of  paragraph h of subdivision 4 of section 1950 of the education law
   16  made by section five of this act shall not affect  the  repeal  of  such
   17  subparagraph  and shall be deemed repealed therewith, and the amendments
   18  to subdivision 6-b of section 3202 of the education law made by  section
   19  nine  of  this  act  shall not affect the repeal of such subdivision and
   20  shall be deemed repealed therewith.