S01577 Summary:

BILL NOS01577A
 
SAME ASNo same as
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Add S308-a, amd SS1709 & 1950, Ed L; amd S6-r, Gen Muni L
 
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.
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S01577 Actions:

BILL NOS01577A
 
01/09/2013REFERRED TO EDUCATION
01/08/2014REFERRED TO EDUCATION
02/10/2014AMEND (T) AND RECOMMIT TO EDUCATION
02/10/2014PRINT NUMBER 1577A
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S01577 Floor Votes:

There are no votes for this bill in this legislative session.
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S01577 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1577--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education  --  recommitted
          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended

          and recommitted to said committee
 
        AN ACT to amend the education law and  the  general  municipal  law,  in
          relation to enacting the education mandate relief act of 2015
 
          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 2015".
     3    §  2.  The  education  law is amended by adding a new section 308-a to
     4  read as follows:
     5    § 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.
                                                                   LBD02854-02-4

        S. 1577--A                          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    §  3.  Paragraph  h of subdivision 25 of section 1709 of the education
     7  law, as amended by section 23 of subpart F of part C of  chapter  97  of
     8  the laws of 2011, is amended to read as 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
    11  office  of  children  and  family services to provide transportation for
    12  children, including contracts to provide such transportation as regional
    13  transportation services, provided that the contract cost is appropriate.
    14  In determining the appropriate transportation contract cost, the  trans-
    15  portation  service  provider  school  district  shall  use a calculation

    16  consistent with regulations adopted by the commissioner for the  purpose
    17  of  assuring  that charges reflect the true costs that would be incurred
    18  by a prudent person in the conduct of a competitive transportation busi-
    19  ness.
    20    (2) Notwithstanding the provisions of subdivision fourteen of  section
    21  three  hundred  five  of  this chapter, section one hundred three of the
    22  general municipal law, or any other provision of law  to  the  contrary,
    23  the board of education shall be authorized to enter into a shared trans-
    24  portation services contract with another school district that transports
    25  students  pursuant  to a contract with a private transportation contrac-
    26  tor, provided that the board finds that the contract cost is appropriate

    27  and entry into a shared transportation services contract will result  in
    28  a cost savings to the school district. For purposes of this paragraph, a
    29  "shared  transportation  services  contract"  means  a  contract for the
    30  transportation of  students  that:  (1)  provides  transportation  to  a
    31  location  outside  the  students'  school district of residence to which
    32  another school district is already providing transportation to  its  own
    33  students  through  an  existing  contract  with a private transportation
    34  contractor, other than a cooperatively bid contract; (2) is entered into
    35  by the  private  transportation  contractor  and  each  school  district
    36  involved;  and  (3)  provides  for transportation in accordance with the

    37  terms and conditions of such existing transportation contract.
    38    § 4. Paragraph f of subdivision 2-a of section 1950 of  the  education
    39  law,  as  amended by chapter 602 of the laws of 1994, is amended to read
    40  as follows:
    41    f. [In the event of a vacancy in the membership of a board of  cooper-
    42  ative  educational  services  which occurs prior to January first in any
    43  school year or during the period commencing five days prior to the  date
    44  designated  for  submission of nominations of candidates to the board of
    45  cooperative educational services and ending  on  the  last  day  of  the
    46  school  year, a special election to fill such vacancy shall be conducted
    47  in accordance with the provisions of paragraphs  b,  c  and  d  of  this

    48  subdivision  on a date designated by the president of the board of coop-
    49  erative educational services not late than  forty-five  days  after  the
    50  date  the vacancy occurred.] In the event of a vacancy in the membership
    51  of a board of cooperative educational services [which occurs on or after
    52  January first and prior to the fifth day preceding the  date  designated
    53  for  submission  of  nominations  of candidates the board of cooperative
    54  educational services], such board may fill such vacancy  by  appointment
    55  and  the  person  so  appointed  shall hold office until the next annual
    56  election of the board of  cooperative  educational  services.  [Notwith-

        S. 1577--A                          3


     1  standing  any  other  provision  of  this subdivision, any vacancy which
     2  occurs on or after July first, nineteen hundred ninety-three  and  prior
     3  to  January  first,  nineteen  hundred  ninety-four shall be filled by a
     4  special election in accordance with paragraphs b, c and d of this subdi-
     5  vision.]
     6    §  5. Subdivision 4 of section 1950 of the education law is amended by
     7  adding a new paragraph oo to read as follows:
     8    oo. The boards of cooperative educational services (BOCES) in  cooper-
     9  ation  with  the  district  superintendent appointed pursuant to section
    10  twenty-two hundred four of this  chapter  shall  convene  committees  of
    11  school  and  community leaders in each BOCES region to recommend options

    12  for school district consolidation and shared services and issue a report
    13  based on such findings to the commissioner, no later  than  July  first,
    14  two  thousand sixteen.  Such report shall include, but not be limited to
    15  an examination of the viability of regional  administrative  operations,
    16  transportation,   energy  procurement  and  health  insurance  programs,
    17  including the bulk purchase of prescription drugs.
    18    § 6. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
    19  the education law, as amended by chapter 474 of the  laws  of  1996,  is
    20  amended to read as follows:
    21    (1)  Aidable  shared  services.  At  the  request  of component school
    22  districts, and with the approval of the commissioner, provide any of the
    23  following services on a cooperative basis: school nurse teacher, attend-

    24  ance supervisor, supervisor of teachers, dental hygienist, psychologist,
    25  teachers of art, music, physical education, career  education  subjects,
    26  guidance  counsellors,  operation  of  special classes for students with
    27  disabilities, as such term is defined in  article  eighty-nine  of  this
    28  chapter;  pupil  and financial accounting service by means of mechanical
    29  equipment; claims auditing or internal  auditing  services;  maintenance
    30  and  operation  of cafeteria or restaurant service for the use of pupils
    31  and teachers while at school, and such other services as the commission-
    32  er may approve. Such cafeteria or restaurant service may be used by  the
    33  community  for  school  related  functions and activities and to furnish
    34  meals to the elderly residents of the district, sixty years  of  age  or
    35  older.  Utilization  by elderly residents or school related groups shall

    36  be subject to the approval of the board of education. Charges  shall  be
    37  sufficient  to  bear  the direct cost of preparation and serving of such
    38  meals, exclusive of any other available reimbursements.
    39    § 7.  Paragraphs b and c of subdivision 1 of section 6-r of the gener-
    40  al municipal law, as added by chapter 260  of  the  laws  of  2004,  are
    41  amended to read as follows:
    42    b.  "Participating  employer"  means:  (i) a participating employer as
    43  defined in subdivision twenty of  section  two  of  the  retirement  and
    44  social  security  law  or in subdivision twenty of section three hundred
    45  two of such law; or (ii) an employer as defined in subdivision three  of
    46  section five hundred one of the education law.
    47    c.  "Retirement  contribution"  shall  mean  all or any portion of the

    48  amount payable by a municipal corporation to: (i) either  the  New  York
    49  state  and  local employees' retirement system or the New York state and
    50  local police and fire retirement system pursuant to section seventeen or
    51  three hundred seventeen of the retirement and social  security  law;  or
    52  (ii)  the New York state teachers' retirement system pursuant to section
    53  five hundred twenty-one of the education law.
    54    § 8.  This act shall take effect immediately, provided, however,  that
    55  section six of this act shall take effect July 1, 2016.
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