Bill Text: NY A10130 | 2009-2010 | General Assembly | Introduced


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 22-1)

Status: (Introduced - Dead) 2010-03-05 - referred to education [A10130 Detail]

Download: New_York-2009-A10130-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10130
                                 I N  A S S E M B L Y
                                     March 5, 2010
                                      ___________
       Introduced by M. of A. PAULIN, THIELE, WEISENBERG, ZEBROWSKI, SKARTADOS,
         KOON,  JAFFEE, GUNTHER, GALEF, DelMONTE -- Multi-Sponsored by -- M. of
         A. BOYLAND, GABRYSZAK, HOOPER, REILLY -- read once and referred to the
         Committee on Education
       AN ACT to amend the education law and  the  general  municipal  law,  in
         relation  to  enacting  the  education mandate relief act of 2010; and
         providing for the repeal of certain  provisions  upon  the  expiration
         thereof
         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 2010."
    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.
                                                                  LBD11869-03-0
       A. 10130                            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 added by chapter 700 of the laws of 1993, is amended to read  as
    8  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 divi-
   11  sion for youth to provide transportation for children, provided that the
   12  contract cost is appropriate. In determining the appropriate transporta-
   13  tion contract cost, the transportation service provider school  district
   14  shall  use  a  calculation  consistent  with  regulations adopted by the
   15  commissioner for the purpose of assuring that charges reflect  the  true
   16  costs  that  would  be  incurred by a prudent person in the conduct of a
   17  competitive transportation business.
   18    (2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF  SECTION
   19  THREE  HUNDRED  FIVE  OF  THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
   20  GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
   21  THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
   22  PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
   23  STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
   24  TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
   25  AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT  IN
   26  A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
   27  "SHARED  TRANSPORTATION  SERVICES  CONTRACT"  MEANS  A  CONTRACT FOR THE
   28  TRANSPORTATION OF  STUDENTS  THAT:  (1)  PROVIDES  TRANSPORTATION  TO  A
   29  LOCATION  OUTSIDE  THE  STUDENTS'  SCHOOL DISTRICT OF RESIDENCE TO WHICH
   30  ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO  ITS  OWN
   31  STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH A PRIVATE TRANSPORTATION
   32  CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
   33  BY THE  PRIVATE  TRANSPORTATION  CONTRACTOR  AND  EACH  SCHOOL  DISTRICT
   34  INVOLVED;  AND  (3)  PROVIDES  FOR TRANSPORTATION IN ACCORDANCE WITH THE
   35  TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
   36    S 4. Paragraph f of subdivision 2-a of section 1950 of  the  education
   37  law,  as  amended by chapter 602 of the laws of 1994, is amended to read
   38  as follows:
   39    f. [In the event of a vacancy in the membership of a board of  cooper-
   40  ative  educational  services  which occurs prior to January first in any
   41  school year or during the period commencing five days prior to the  date
   42  designated  for  submission of nominations of candidates to the board of
   43  cooperative educational services and ending  on  the  last  day  of  the
   44  school  year, a special election to fill such vacancy shall be conducted
   45  in accordance with the provisions of paragraphs  b,  c  and  d  of  this
   46  subdivision  on a date designated by the president of the board of coop-
   47  erative educational services not late than  forty-five  days  after  the
   48  date  the vacancy occurred.] In the event of a vacancy in the membership
   49  of a board of cooperative educational services [which occurs on or after
   50  January first and prior to the fifth day preceding the  date  designated
   51  for  submission  of  nominations  of candidates the board of cooperative
   52  educational services], SUCH BOARD may fill such vacancy  by  appointment
   53  and  the  person  so  appointed  shall hold office until the next annual
   54  election of the board of  cooperative  educational  services.  [Notwith-
   55  standing  any  other  provision  of  this subdivision, any vacancy which
   56  occurs on or after July first, nineteen hundred ninety-three  and  prior
       A. 10130                            3
    1  to  January  first,  nineteen  hundred  ninety-four shall be filled by a
    2  special election in accordance with paragraphs b, c and d of this subdi-
    3  vision.]
    4    S  5. Subdivision 4 of section 1950 of the education law is amended by
    5  adding a new paragraph oo to read as follows:
    6    OO. THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES) IN  COOPER-
    7  ATION  WITH  THE  DISTRICT  SUPERINTENDENT APPOINTED PURSUANT TO SECTION
    8  TWENTY-TWO HUNDRED FOUR OF THIS  CHAPTER  SHALL  CONVENE  COMMITTEES  OF
    9  SCHOOL  AND  COMMUNITY LEADERS IN EACH BOCES REGION TO RECOMMEND OPTIONS
   10  FOR SCHOOL DISTRICT CONSOLIDATION AND SHARED SERVICES AND ISSUE A REPORT
   11  BASED ON SUCH FINDINGS TO THE COMMISSIONER, NO LATER  THAN  JULY  FIRST,
   12  TWO  THOUSAND ELEVEN.   SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO
   13  AN EXAMINATION OF THE VIABILITY OF REGIONAL  ADMINISTRATIVE  OPERATIONS,
   14  TRANSPORTATION,   ENERGY  PROCUREMENT  AND  HEALTH  INSURANCE  PROGRAMS,
   15  INCLUDING THE BULK PURCHASE OF PRESCRIPTION DRUGS.
   16    S 6. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
   17  the education law, as amended by chapter 474 of the  laws  of  1996,  is
   18  amended to read as follows:
   19    (1)  Aidable  shared  services.  At  the  request  of component school
   20  districts, and with the approval of the commissioner, provide any of the
   21  following services on a cooperative basis: school nurse teacher, attend-
   22  ance supervisor, supervisor of teachers, dental hygienist, psychologist,
   23  teachers of art, music, physical education, career  education  subjects,
   24  guidance  counsellors,  operation  of  special classes for students with
   25  disabilities, as such term is defined in  article  eighty-nine  of  this
   26  chapter;  pupil  and financial accounting service by means of mechanical
   27  equipment; CLAIMS AUDITING OR INTERNAL  AUDITING  SERVICES;  maintenance
   28  and  operation  of cafeteria or restaurant service for the use of pupils
   29  and teachers while at school, and such other services as the commission-
   30  er may approve. Such cafeteria or restaurant service may be used by  the
   31  community  for  school  related  functions and activities and to furnish
   32  meals to the elderly residents of the district, sixty years  of  age  or
   33  older.  Utilization  by elderly residents or school related groups shall
   34  be subject to the approval of the board of education. Charges  shall  be
   35  sufficient  to  bear  the direct cost of preparation and serving of such
   36  meals, exclusive of any other available reimbursements.
   37    S 7. Paragraph a of subdivision 4 of section  2023  of  the  education
   38  law,  as  added  by  section  24 of part A of chapter 436 of the laws of
   39  1997, is amended to read as follows:
   40    a. The contingency budget shall not result in a percentage increase in
   41  total spending over the  district's  total  spending  under  the  school
   42  district  budget  for  the prior school year that exceeds the lesser of:
   43  (i) THE AVERAGE OF THE PREVIOUS FIVE YEARS OF the result  obtained  when
   44  one  hundred  twenty percent is multiplied by the percentage increase in
   45  the consumer price index, with the result rounded to two decimal places;
   46  or (ii) four percent.
   47    S 8. Paragraphs b and c of subdivision 1 of section 6-r of the general
   48  municipal law, as added by chapter 260 of the laws of 2004, are  amended
   49  to read as follows:
   50    b.  "Participating  employer"  means:  (I) a participating employer as
   51  defined in subdivision twenty of  section  two  of  the  retirement  and
   52  social  security  law  or in subdivision twenty of section three hundred
   53  two of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE  OF
   54  SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
   55    c.  "Retirement  contribution"  shall  mean  all or any portion of the
   56  amount payable by a municipal corporation to: (I) either  the  New  York
       A. 10130                            4
    1  state  and  local employees' retirement system or the New York state and
    2  local police and fire retirement system pursuant to section seventeen or
    3  three hundred seventeen of the retirement and social  security  law;  OR
    4  (II)  THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION
    5  FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
    6    S 9.  This act shall take effect immediately, provided, however, that:
    7    a. section six of this act shall take effect July 1, 2011; and
    8    b. section seven of this act shall take effect May 1, 2010  and  shall
    9  apply  to  school  district budget votes for the 2010-11 school year and
   10  shall expire June 30, 2011 when upon such date the  provisions  of  such
   11  section shall be deemed repealed.
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