STATE OF NEW YORK
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3885--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 28, 2015
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Introduced by M. of A. NOLAN, JAFFEE, LUPARDO, BRONSON -- read once and
referred to the Committee on Education -- recommitted to the Committee
on Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to the salaries of
certain teachers and aides employed by boards of cooperative educa-
tional services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph b of subdivision 5 of section 1950 of the educa-
2 tion law, as amended by section 80-a of part A of chapter 58 of the laws
3 of 2011, is amended to read as follows:
4 b. The cost of services herein referred to shall be the amount allo-
5 cated to each component school district by the board of cooperative
6 educational services to defray expenses of such board, except that that
7 part of the salary paid any teacher, supervisor or other employee of the
8 board of cooperative educational services which is in excess of thirty
9 thousand dollars shall not be such an approved expense, and except also
10 that administrative and clerical expenses shall not exceed ten percent
11 of the total expenses for purposes of this computation. Provided, howev-
12 er, beginning with expenses incurred in the two thousand sixteen-two
13 thousand seventeen school year and thereafter, that part of the salary
14 paid to any teacher, supervisor or other employee of a board of cooper-
15 ative educational services which is in excess of the lesser of the actu-
16 al salary or the average statewide salary for such teaching, superviso-
17 ry, or other position as established by the commissioner shall not be an
18 approved expense, and further provided that administrative and clerical
19 expenses shall not exceed ten percent of the total expenses for purposes
20 of this computation. Any gifts, donations or interest earned by the
21 board of cooperative educational services or on behalf of the board of
22 cooperative educational services by the dormitory authority or any other
23 source shall not be deducted in determining the cost of services allo-
24 cated to each component school district. Any payments made to a compo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07766-03-6
A. 3885--A 2
1 nent school district by the board of cooperative educational services
2 pursuant to subdivision eleven of section six-p of the general municipal
3 law attributable to an approved cost of service computed pursuant to
4 this subdivision shall be deducted from the cost of services allocated
5 to such component school district. The expense of transportation
6 provided by the board of cooperative educational services pursuant to
7 paragraph q of subdivision four of this section shall be eligible for
8 aid apportioned pursuant to subdivision seven of section thirty-six
9 hundred two of this chapter and no board of cooperative educational
10 services transportation expense shall be an approved cost of services
11 for the computation of aid under this subdivision. Transportation
12 expense pursuant to paragraph q of subdivision four of this section
13 shall be included in the computation of the ten percent limitation on
14 administrative and clerical expenses.
15 § 2. Paragraph b of subdivision 10 of section 3602 of the education
16 law, as amended by section 16 of part B of chapter 57 of the laws of
17 2007, is amended to read as follows:
18 b. Aid for career education. There shall be apportioned to such city
19 school districts and other school districts which were not components of
20 a board of cooperative educational services in the base year for pupils
21 in grades ten through twelve in attendance in career education programs
22 as such programs are defined by the commissioner, subject for the
23 purposes of this paragraph to the approval of the director of the budg-
24 et, an amount for each such pupil to be computed by multiplying the
25 career education aid ratio by [three thousand nine hundred dollars] the
26 district's selected foundation aid as determined pursuant to subdivision
27 four of this section. Such aid will be payable for weighted pupils
28 attending career education programs operated by the school district and
29 for weighted pupils for whom such school district contracts with boards
30 of cooperative educational services to attend career education programs
31 operated by a board of cooperative educational services. Weighted pupils
32 for the purposes of this paragraph shall mean the sum of the attendance
33 of students in grades ten through twelve in career education sequences
34 in trade, industrial, technical, agricultural or health programs plus
35 the product of sixteen hundredths multiplied by the attendance of
36 students in grades ten through twelve in career education sequences in
37 business and marketing as defined by the commissioner in regulations.
38 The career education aid ratio shall be computed by subtracting from one
39 the product obtained by multiplying fifty-nine percent by the combined
40 wealth ratio. This aid ratio shall be expressed as a decimal carried to
41 three places without rounding, but not less than thirty-six percent.
42 Any school district that receives aid pursuant to this paragraph shall
43 be required to use such amount to support career education programs in
44 the current year.
45 A board of education which spends less than its local funds as defined
46 by regulations of the commissioner for career education in the base year
47 during the current year shall have its apportionment under this subdivi-
48 sion reduced in an amount equal to such deficiency in the current or a
49 succeeding school year, provided however that the commissioner may waive
50 such reduction upon determination that overall expenditures per pupil in
51 support of career education programs were continued at a level equal to
52 or greater than the level of such overall expenditures per pupil in the
53 preceding school year.
54 § 3. This act shall take effect immediately and shall apply to the
55 calculation of BOCES aid and aid for career education payable in the
56 2017-2018 school year and years thereafter.
