Bill Text: NY A11566 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to paperwork reduction; streamlines planning and reporting requirements for school districts and boards of cooperative educational services; requires the commissioner of education to implement pilot programs to assist school districts in the formation of regional transportation systems.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2010-08-13 - signed chap.378 [A11566 Detail]
Download: New_York-2009-A11566-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11566
I N A S S E M B L Y
June 26, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Nolan) --
read once and referred to the Committee on Ways and Means
AN ACT to amend the education law, in relation to paperwork reduction;
to amend the education law, in relation to the streamlining of plan-
ning and reporting requirements for school districts and boards of
cooperative educational services; requiring the commissioner of educa-
tion to implement pilot programs to assist school districts in the
formation of regional transportation systems; to repeal subdivision 32
of section 305 of the education law relating to reviews by the commis-
sioner; and to repeal section 805 of the education law relating to
enforcement provisions for the willful refusal to teach certain
subjects; and providing for the repeal of certain provisions upon
expiration thereof
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 101-b
2 to read as follows:
3 S 101-B. PAPERWORK REDUCTION. 1. THE COMMISSIONER SHALL BE AUTHORIZED
4 TO RECEIVE AND ACCEPT REPORTS, PLANS, APPLICATIONS AND ALL OTHER INFOR-
5 MATION REQUIRED TO BE REPORTED BY STATUTE OR REGULATION THROUGH ELEC-
6 TRONIC MEANS. THE COMMISSIONER SHALL ACCEPT HARD COPY NON-ELECTRONIC
7 FILINGS OR SUBMISSIONS IF THE SCHOOL DISTRICT IS ABLE TO DEMONSTRATE
8 THAT COMPLYING WITH ELECTRONIC SUBMISSION REQUIREMENTS WOULD CREATE
9 UNDUE HARDSHIP FOR THE SCHOOL DISTRICT OR SOME OTHER GOOD CAUSE EXISTS
10 THAT WOULD MAKE ELECTRONIC SUBMISSION EXTREMELY IMPRACTICAL FOR THE
11 SCHOOL DISTRICT.
12 2. IT SHALL BE THE DUTY OF THE COMMISSIONER TO REVIEW ALL EXISTING
13 REPORTS AND PLANS THAT SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
14 TIONAL SERVICES ARE REQUIRED TO SUBMIT AND BY NOVEMBER FIRST, TWO THOU-
15 SAND TEN, THE COMMISSIONER SHALL SUBMIT TO THE BOARD OF REGENTS, THE
16 GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
17 SENATE, THE DIRECTOR OF THE BUDGET AND THE CHAIRS OF THE RESPECTIVE
18 FISCAL AND EDUCATION COMMITTEES OF THE SENATE AND ASSEMBLY SPECIFIC
19 RECOMMENDATIONS TO ELIMINATE UNNECESSARY OR DUPLICATIVE REPORTING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17905-01-0
A. 11566 2
1 REQUIREMENTS; AND WHERE POSSIBLE, RECOMMENDATIONS TO CONSOLIDATE
2 REPORTS, PLANS AND OTHER INFORMATION REQUIRED TO BE SUBMITTED TO THE
3 COMMISSIONER INCLUDING WHICH RECOMMENDATIONS COULD BE IMPLEMENTED ADMIN-
4 ISTRATIVELY AND WHICH WOULD REQUIRE STATUTORY AUTHORIZATION.
5 S 2. Subdivision 32 of section 305 of the education law is REPEALED.
6 S 3. Section 805 of the education law is REPEALED.
7 S 4. Subdivision 5 of section 2802 of the education law, as added by
8 chapter 181 of the laws of 2000, is amended to read as follows:
9 5. By [January] APRIL first of each year, the commissioner shall
10 report to the governor, the legislature and the regents concerning the
11 prevalence of violence and disruptive incidents in the public schools,
12 and the effectiveness of school programs undertaken to reduce violence
13 and assure the safety and security of students and school personnel. The
14 report shall summarize the information available from the incident
15 reporting system, and [identify specifically the schools and school
16 districts with the least and greatest incidence of violent and disrup-
17 tive incidents, and the least and most improvement since the previous
18 year or years] COMPARE THE INCIDENCE OF VIOLENT AND DISRUPTIVE INCIDENTS
19 OF SCHOOLS AND SCHOOL DISTRICTS AND BOARDS WITH OTHER SCHOOLS AND SCHOOL
20 DISTRICTS AND BOARDS BASED ON SIMILARITY IN SIZE AND GRADE LEVELS AND
21 OTHER CHARACTERISTICS, INCLUDING STUDENT NEED AND RESOURCES, AS DETER-
22 MINED BY THE COMMISSIONER. The report shall also, to the extent possi-
23 ble, relate the results available from the incident reporting system,
24 together with such other analysis and information as the commissioner
25 determines is appropriate, to the effectiveness of school violence meas-
26 ures undertaken by participating schools and school districts, including
27 the school codes and school safety plans required by sections twenty-
28 eight hundred one and twenty-eight hundred one-a of this article.
29 S 5. Subparagraph 5 of paragraph b of subdivision 4 of section 1950 of
30 the education law, as amended by chapter 602 of the laws of 1994, is
31 amended to read as follows:
32 (5) The trustees or board of education of each component school
33 district of the board of cooperative educational services shall adopt a
34 public resolution which shall approve or disapprove such tentative
35 administrative budget at a regular or special meeting to be held within
36 the component district on the date designated pursuant to subdivision
37 two-a of this section as the date for election of members of the board
38 of cooperative educational services, or in the case of the board of
39 education of a central high school district on the regular business day
40 next following such designated date.
41 If the resolutions adopted by the trustees or boards of education of a
42 majority of the component school districts of the board of cooperative
43 educational services actually voting approve the tentative administra-
44 tive budget, the board of cooperative educational services may adopt the
45 tentative administrative budget without modification. If a majority of
46 the component school districts actually voting fail to adopt resolutions
47 approving such tentative administrative budget, or if the number of
48 component school districts approving the budget equals the number of
49 school districts disapproving the budget, the board of cooperative
50 educational services shall prepare and adopt a contingency administra-
51 tive budget which shall not exceed the amount of the administrative
52 budget of the board of cooperative educational services for the previous
53 school year except to accommodate expenditure increases attributable to
54 supplemental retirement allowances payable pursuant to section five
55 hundred thirty-two of this chapter and section seventy-eight of the
56 retirement and social security law. [For purposes of development of a
A. 11566 3
1 budget for the nineteen hundred ninety-four--ninety-five school year,
2 each board of cooperative educational services shall separate its
3 program, capital and administrative costs for the nineteen hundred nine-
4 ty-three--ninety-four school year in the manner prescribed by the
5 commissioner, and shall submit the resulting separate administrative
6 budget to the commissioner for approval. Upon approval of the commis-
7 sioner, such separate administrative budget shall be deemed the adminis-
8 trative budget of the board of cooperative educational services for the
9 nineteen hundred ninety-three--ninety-four school year.]
10 S 6. Paragraph c of subdivision 4 of section 1950 of the education
11 law, as amended by chapter 301 of the laws of 1996, is amended to read
12 as follows:
13 c. Make or cause to be made surveys to determine the need for cooper-
14 ative educational services in the supervisory district and present the
15 findings of their surveys to local school authorities. Each board of
16 cooperative educational services shall prepare long range program plans,
17 INCLUDING SPECIAL EDUCATION AND CAREER EDUCATION PROGRAM PLANS, to meet
18 the projected need for such cooperative educational services in the
19 supervisory district for the next five years as may be specified by the
20 commissioner, and shall [submit] KEEP ON FILE AND MAKE AVAILABLE FOR
21 PUBLIC INSPECTION AND REVIEW BY THE COMMISSIONER such plans and there-
22 after annual revisions of such plans [to the commissioner] on or before
23 the first day of December of each year, [except that special education
24 and career education program plans, in a form specified by the commis-
25 sioner, shall be submitted every two years, no later than the date spec-
26 ified by the commissioner, and revised annually] PROVIDED THAT SUCH
27 PLANS MAY BE INCORPORATED INTO A BOARD OF COOPERATIVE EDUCATIONAL
28 SERVICES DISTRICT-WIDE COMPREHENSIVE PLAN.
29 S 7. Paragraph kk of subdivision 4 of section 1950 of the education
30 law, as added by section 13 of part A of chapter 436 of the laws of
31 1997, is amended to read as follows:
32 kk. For the nineteen hundred ninety-seven--ninety-eight school year
33 and thereafter, the board of cooperative educational services (BOCES)
34 shall prepare a BOCES report card, pursuant to regulations of the
35 commissioner, and shall make it publicly available by transmitting it to
36 local newspapers of general circulation, appending it to copies of the
37 proposed administrative budget made publicly available as required by
38 law, making it available for distribution at the annual meeting, and
39 otherwise disseminating it as required by the commissioner. Such report
40 card shall include measures of the academic performance of the board of
41 cooperative educational services, on a school by school or program by
42 program basis, and measures of the fiscal performance of the supervisory
43 district, as prescribed by the commissioner. Pursuant to regulations of
44 the commissioner, the report card shall also compare these measures to
45 statewide averages for all boards of cooperative educational services.
46 Such report card shall include[, at a minimum, any information of the
47 board of cooperative educational services regarding pupil performance
48 and expenditure per pupil required to be included in the annual report
49 by the regents to the governor and the legislature pursuant to section
50 two hundred fifteen-a of this chapter; and] any [other] information
51 required by the commissioner.
52 S 8. Paragraph f of subdivision 11 of section 3602 of the education
53 law, as added by chapter 82 of the laws of 1995 and such subdivision as
54 renumbered by section 15 of part B of chapter 57 of the laws of 2007, is
55 amended to read as follows:
A. 11566 4
1 f. Approved [plan of service and program evaluation] APPLICATION. All
2 school districts and BOCES desiring to operate an aidable program pursu-
3 ant to this subdivision shall complete [a comprehensive plan of service]
4 AN application, including a budget by program component[, together with
5 an evaluation of the effectiveness of program components offered during
6 the most recent July first through March thirtieth, if any]. Such [eval-
7 uation and plan] APPLICATION shall be in a form prescribed by the
8 commissioner and shall be submitted not later than [forty-five days
9 after the provisions of this paragraph shall have become law, and not
10 later than] May fifteenth [in subsequent] OF EACH school [years] YEAR.
11 Within forty-five days of such deadline, and upon evaluation of such
12 applications, the commissioner shall notify school districts and BOCES
13 of those portions of such [plan of service] APPLICATION that will be
14 aidable in the school year ahead after making a determination that
15 approval of such [programs] APPLICATION will assure maximum effective-
16 ness, geographic availability and lack of duplication of such programs,
17 support for educational initiatives, and compliance with required
18 program and fiscal reporting requirements. No aid shall be payable
19 pursuant to this subdivision unless the [program] APPLICATION is
20 approved by the commissioner.
21 S 9. Paragraph b of subdivision 8 of section 3602 of the education
22 law, as amended by section 16 of part B of chapter 57 of the laws of
23 2007, is amended to read as follows:
24 b. District plans of service. Any school district receiving an addi-
25 tional apportionment pursuant to subdivision ten of this section for
26 pupils in career education programs or a payment in lieu of such appor-
27 tionment or having a public excess cost aid setaside pursuant to subdi-
28 vision four of this section shall keep on file and make available for
29 public inspection and review by the commissioner an acceptable plan of
30 service describing the student outcomes expected from implementation of
31 the proposed plan, provided that such plan may be incorporated into a
32 school district's district-wide comprehensive plan. The plan of service
33 [submitted by] OF a school district receiving an additional apportion-
34 ment pursuant to this section for pupils with disabilities shall also
35 describe how such district intends to ensure that all instructional
36 materials to be used in the schools of such district will be made avail-
37 able in a usable alternative format for each student with a disability
38 and for each student who is a qualified individual with a disability, at
39 the same time as such instructional materials are available to non-disa-
40 bled students, provided that such plan may incorporate by reference the
41 alternative format plans developed pursuant to subdivision twenty-nine-a
42 of section sixteen hundred four, subdivision four-a of section seventeen
43 hundred nine, subdivision seven-a of section twenty-five hundred three
44 or subdivision seven-a of section twenty-five hundred fifty-four of this
45 chapter. Such plans shall be in a form prescribed by the commissioner,
46 and except as heretofore provided, shall have the content prescribed by
47 the commissioner. The commissioner may, from time to time, require
48 amendments of such plans as deemed to be necessary and appropriate to
49 further the educational welfare of the pupils involved.
50 S 10. The commissioner of education shall conduct one or more pilot
51 programs to assist school districts in the formation of regional trans-
52 portation systems. Such systems may include, but shall not be limited
53 to, rendering transportation services jointly with other school
54 districts or boards of cooperative educational services; or authorizing
55 school districts and boards of cooperatives educational services to
56 enter into contracts with counties, municipalities, or the state office
A. 11566 5
1 of children and family services for the provision of transportation
2 services. Such transportation services may include, but shall not be
3 limited to, pupil transportation between home and school; transportation
4 during the day to and from school and a special education program or
5 service or a program at a board of cooperative educational services or
6 an approved shared program at another school district; transportation
7 for field trips or to and from extracurricular activities; and cooper-
8 ative school bus maintenance. Participation in pilot projects conducted
9 pursuant to this section shall be at the option of school districts,
10 boards of cooperative educational services and pupil transportation
11 contractors.
12 The commissioner of education shall report annually to the board of
13 regents, the governor, the speaker of the assembly, the temporary presi-
14 dent of the senate, the director of the budget and the chairs of the
15 respective fiscal and education committees of the Senate and Assembly by
16 November 1 of each year on districts that are participating in the pilot
17 program or have applied to participate in the pilot program. On or
18 before November 1, 2012 the commissioner of education shall submit a
19 report to the board of regents, the governor, the speaker of the assem-
20 bly, the temporary president of the senate, the director of the budget
21 and the chairs of the respective fiscal and education committees of the
22 Senate and Assembly describing the findings of the pilot projects,
23 including details on the scope of the pilot projects that were
24 conducted. In developing the report, such commissioner shall as far as
25 practicable estimate and analyze the efficiencies and cost-effectiveness
26 that may be derived from regional transportation systems to school
27 districts, to other entities participating in such systems, including
28 boards of cooperative educational services, counties, municipalities, or
29 the state office of children and family services, and to the state.
30 In addition, the commissioner of education shall as far as practicable
31 estimate and analyze the extent to which school districts, other partic-
32 ipating entities, and the state achieve savings through the formation of
33 regional transportation systems. Such analysis shall include the impact
34 of the formation of such systems on local transportation costs for
35 school districts and other participating entities, and the impact of the
36 formation of such systems on state aid for transportation services. The
37 commissioner of education shall identify barriers to implementation of
38 regional transportation systems throughout the state, strategies to
39 address such barriers, statutory and regulatory changes needed to
40 promote the implementation of such regional transportation systems,
41 mechanisms to ensure proper accountability and oversight of the adminis-
42 tration of regional transportation systems, and any other information or
43 analysis as such commissioner determines is appropriate.
44 S 11. This act shall take effect immediately; provided, however, that
45 the commissioner of education shall promulgate any rules or regulations
46 necessary to implement the provisions of this act on or before July 1,
47 2010; provided, further that if section ten of this act shall take
48 effect after July 1, 2010 it shall be deemed to have been in full force
49 and effect on and after July 1, 2010; and provided further that section
50 ten of this act shall expire and be deemed repealed on June 30, 2015.
