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S09396 Summary:

BILL NOS09396
 
SAME ASNo Same As
 
SPONSORRATH
 
COSPNSR
 
MLTSPNSR
 
Amd §1950, add §§1953, 1954 & 1959, Ed L
 
Establishes the "build back BOCES act"; directs the department of education to track and prepare a report on the post-graduation employment of students who completed a BOCES or CTE program; directs the commissioner of education to make certain funding allocations based on public schools' number of CTE or BOCES program graduates who obtain employment in a qualifying field within one year of graduation.
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S09396 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9396
 
                    IN SENATE
 
                                      May 24, 2022
                                       ___________
 
        Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education  law,  in  relation  to  establishing  the
          "build back BOCES act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "build back
     2  BOCES act".
     3    § 2. Paragraph b of subdivision 5 of section  1950  of  the  education
     4  law,  as  amended by chapter 130 of the laws of 2022, is amended to read
     5  as follows:
     6    b. The cost of services herein referred to shall be the  amount  allo-
     7  cated  to  each  component  school  district by the board of cooperative
     8  educational  services  to  defray  expenses  of  such  board,  including
     9  approved  expenses from the testing of potable water systems of occupied
    10  school buildings under the board's jurisdiction as required pursuant  to
    11  section  eleven  hundred ten of the public health law provided that such
    12  expenses for testing of potable water systems are not reimbursable  from
    13  another  state  or  federal  source, except that that part of the salary
    14  paid any teacher, supervisor or other employee of the board  of  cooper-
    15  ative  educational  services  which  is in excess of [thirty] either the
    16  average teacher salary in the respective school district, or  forty-five
    17  thousand  dollars,  whichever  is  lower,  shall not be such an approved
    18  expense, and except also that administrative and clerical expenses shall
    19  not exceed ten percent of the total expenses for purposes of this compu-
    20  tation. Any gifts, donations or interest earned by the board of  cooper-
    21  ative  educational  services  or  on  behalf of the board of cooperative
    22  educational services by the dormitory  authority  or  any  other  source
    23  shall  not  be deducted in determining the cost of services allocated to
    24  each component school district. Any payments made to a component  school
    25  district  by  the  board of cooperative educational services pursuant to
    26  subdivision eleven of section six-p of the general municipal law attrib-
    27  utable to an approved cost of service computed pursuant to this subdivi-
    28  sion shall be deducted from the  cost  of  services  allocated  to  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15951-01-2

        S. 9396                             2
 
     1  component school district. The expense of transportation provided by the
     2  board  of  cooperative  educational  services pursuant to paragraph q of
     3  subdivision four of this section shall be eligible for  aid  apportioned
     4  pursuant  to subdivision seven of section thirty-six hundred two of this
     5  chapter and no board of cooperative educational services  transportation
     6  expense shall be an approved cost of services for the computation of aid
     7  under  this subdivision.  Transportation expense pursuant to paragraph q
     8  of subdivision four of this section shall be included in the computation
     9  of the ten percent limitation on administrative and clerical expenses.
    10    § 3. Paragraph b of subdivision 5 of section  1950  of  the  education
    11  law,  as  amended  by  section  two  of  this act, is amended to read as
    12  follows:
    13    b. The cost of services herein referred to shall be the  amount  allo-
    14  cated  to  each  component  school  district by the board of cooperative
    15  educational  services  to  defray  expenses  of  such  board,  including
    16  approved  expenses from the testing of potable water systems of occupied
    17  school buildings under the board's jurisdiction as required pursuant  to
    18  section  eleven  hundred ten of the public health law provided that such
    19  expenses for testing of potable water systems are not reimbursable  from
    20  another  state  or  federal  source, except that that part of the salary
    21  paid any teacher, supervisor or other employee of the board  of  cooper-
    22  ative  educational  services  which  is  in excess of either the average
    23  teacher salary in the respective school district, or [forty-five]  sixty
    24  thousand  dollars,  whichever  is  lower,  shall not be such an approved
    25  expense, and except also that administrative and clerical expenses shall
    26  not exceed ten percent of the total expenses for purposes of this compu-
    27  tation. Any gifts, donations or interest earned by the board of  cooper-
    28  ative  educational  services  or  on  behalf of the board of cooperative
    29  educational services by the dormitory  authority  or  any  other  source
    30  shall  not  be deducted in determining the cost of services allocated to
    31  each component school district. Any payments made to a component  school
    32  district  by  the  board of cooperative educational services pursuant to
    33  subdivision eleven of section six-p of the general municipal law attrib-
    34  utable to an approved cost of service computed pursuant to this subdivi-
    35  sion shall be deducted from the  cost  of  services  allocated  to  such
    36  component school district. The expense of transportation provided by the
    37  board  of  cooperative  educational  services pursuant to paragraph q of
    38  subdivision four of this section shall be eligible for  aid  apportioned
    39  pursuant  to subdivision seven of section thirty-six hundred two of this
    40  chapter and no board of cooperative educational services  transportation
    41  expense shall be an approved cost of services for the computation of aid
    42  under  this subdivision.  Transportation expense pursuant to paragraph q
    43  of subdivision four of this section shall be included in the computation
    44  of the ten percent limitation on administrative and clerical expenses.
    45    § 4. The education law is amended by adding three new  sections  1953,
    46  1954 and 1959 to read as follows:
    47    §  1953.  Annual career and technical education report. 1. The depart-
    48  ment, in consultation with the department of taxation and finance, shall
    49  track the number of students who have participated in  a  BOCES  or  CTE
    50  curriculum  each year and the employment obtained by such students after
    51  graduating from high school, or after attaining a high school equivalent
    52  degree.
    53    2. Beginning on the first of July next occurring after the first  full
    54  year  after the effective date of this section, and annually thereafter,
    55  the department, in consultation with  the  department  of  taxation  and
    56  finance,  shall  create  a  report  on  the  number of students formerly

        S. 9396                             3
 
     1  enrolled in a BOCES or CTE curriculum who obtained  part-time  or  full-
     2  time  employment  in  a  qualifying field within one year of high school
     3  graduation or attainment of a  high  school  equivalent  degree.  Former
     4  students  who  obtain  part-time  employment in a qualifying field while
     5  attending a two-year or four-year post-secondary education program shall
     6  not be included in such reported numbers. Such report shall be submitted
     7  to the temporary president of the senate, the speaker of  the  assembly,
     8  the  minority leader of the senate, the minority leader of the assembly,
     9  and the chairs and ranking members on the senate and  assembly  standing
    10  committees  on education. Such report shall also be made publicly avail-
    11  able on the department's website.
    12    § 1954. BOCES enhanced pipeline pilot program. 1. Beginning in the two
    13  thousand twenty-five--two thousand twenty-six school year,  the  commis-
    14  sioner  shall  establish a "BOCES enhanced pipeline pilot program" under
    15  which the New York state public schools  with  the  top  twenty  highest
    16  number  of  former  students who were enrolled in BOCES or CTE curricula
    17  and who obtained part-time or full-time employment in a qualifying field
    18  within one year of high school graduation or attainment of a high school
    19  equivalent degree, as determined in the  report  submitted  pursuant  to
    20  section  nineteen  hundred fifty-three of this article, shall receive an
    21  increase in weighted  funding  per  each  such  former  student.  Former
    22  students  who  obtain  part-time  employment in a qualifying field while
    23  attending a two-year or four-year post-secondary education program shall
    24  not be included in the calculation of such top twenty schools, or in the
    25  weighted increase in funding pursuant to this subdivision.
    26    2. The increase in weighted funding  under  subdivision  one  of  this
    27  section shall be subject to the discretion of the commissioner, provided
    28  however  that the minimum increase in such funding shall be no less than
    29  a fifteen percent increase over  the  previous  school  year's  weighted
    30  funding  per  student.  Such funding increase shall be provided for only
    31  the immediately following school year. At the conclusion of such  school
    32  year,  each  school's  funding shall return to the base weighted funding
    33  per student, unless such school has been awarded  a  subsequent  funding
    34  increase  under subdivision one of this section for the following school
    35  year. Funding for the awards pursuant to this section shall be appropri-
    36  ated annually in the New York state budget subject to the discretion  of
    37  the director of the division of the budget.
    38    3.  Upon  the conclusion of the two thousand thirty-five--two thousand
    39  thirty-six school year, the department shall conduct  an  audit  of  the
    40  BOCES  enhanced  pipeline pilot program established pursuant to subdivi-
    41  sion one of this section. The department shall create a  report  of  its
    42  findings  pursuant  to such audit, and shall submit such report no later
    43  than one year after the beginning of such audit to the temporary  presi-
    44  dent  of the senate, the speaker of the assembly, the minority leader of
    45  the senate, the minority leader of the  assembly,  and  the  chairs  and
    46  ranking members of the senate and assembly standing committees on educa-
    47  tion.
    48    4. The commissioner shall be authorized to promulgate any rules and/or
    49  regulations he or she shall deem necessary for the implementation of the
    50  provisions of this section.
    51    §  1959.  Definitions. For the purposes of this article, the following
    52  terms shall have the following meanings:
    53    1. "BOCES" means a board of cooperative  educational  services  estab-
    54  lished pursuant to section nineteen hundred fifty of this article.
    55    2.  "Career  and  technical  education"  or  "CTE"  means a curriculum
    56  designed to provide students with certain skills that will  enable  them

        S. 9396                             4
 
     1  to pursue a career in certain disciplines, including but not limited to,
     2  agricultural  education,  business  and  marketing,  family and consumer
     3  sciences, health occupations, technology and  trade,  or  technical  and
     4  industrial education.
     5    3.  "Qualifying  field"  means a field of employment in which BOCES or
     6  CTE programs are intended to prepare students for employment,  including
     7  but  not  limited to: welding; automotive design and repair; new visions
     8  health professions; product design; culinary arts; digital media;  exer-
     9  cise   medicine   and  science;  advanced  manufacturing;  building  and
    10  construction trades; nurse  assisting;  heavy  equipment  operating  and
    11  repair; business administration; physical therapy professions; lab tech-
    12  nician;  child  and  family  services; health occupations; environmental
    13  conservation; criminal justice; natural resource  science;  agricultural
    14  sciences;  cosmetology;  veterinary  practices; digital gaming; software
    15  design; information technology; offshore wind; sterile processing  tech-
    16  nician;  HVAC-R;  dental  assistant; cyber technology; emergency medical
    17  services; computer programming; diagnostic medical sonographer; automat-
    18  ic heating; and any other field determined by the commissioner to  be  a
    19  "qualifying field".
    20    § 5. This act shall take effect immediately; provided however that the
    21  provisions  of  section  two  of  this act shall apply to the 2023--2024
    22  school year, and school years  thereafter;  and  provided  further  that
    23  section three of this act shall take effect January 1, 2030.
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