A10205 Summary:

COSPNSRJaffee, Paulin, Brindisi, Lupardo, Schimel, Galef, Cahill, Lifton, Gunther, Barron, Crespo, Zebrowski, Weprin, Barrett
MLTSPNSRArroyo, Magee, Millman, Rivera P
Amd S1950, Ed L
Relates to the provision of services to out-of-state school districts by boards of cooperative educational services.
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A10205 Actions:

05/11/2012referred to education
05/30/2012reported referred to ways and means
06/14/2012amend (t) and recommit to ways and means
06/14/2012print number 10205a
06/18/2012reported referred to rules
06/18/2012rules report cal.363
06/18/2012ordered to third reading rules cal.363
06/19/2012passed assembly
06/19/2012delivered to senate
06/21/2012SUBSTITUTED FOR S7120A
06/21/20123RD READING CAL.1476
08/06/2012delivered to governor
08/17/2012signed chap.396
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A10205 Floor Votes:

DATE:06/19/2012Assembly Vote  YEA/NAY: 143/0
ArroyoYConteERGottfriedYLope PDYO'DonnellYScarboroughY
AubryYCookYGrafYLope VJYOrtizYSchimelY
BarronYCrouchYHawleyYMageeYPeoples StokesYSimotasY
Brook KrasnyYFarrellYJordanYMcLaughlinYReillyYTitusY
BurlingYFinchYKatzERMengERRive J YTobaccoY
ButlerYFitzpatrickYKavanaghYMill D YRive N YWalterY
CahillYFriendYKearnsYMill JMYRive PMYWeinsteinY
CalhounYGabryszakYKellnerYMill MGYRobertsYWeisenbergY
CastroERGiglioYLavineYMoyaYRussellYMr SpkrY

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A10205 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      May 11, 2012
        Introduced  by  M. of A. NOLAN, JAFFEE, PAULIN, BRINDISI, LUPARDO, SCHI-
          Multi-Sponsored  by  --  M.  of  A.  ARROYO,  BARRETT, MAGEE, MILLMAN,
          P. RIVERA -- read once and referred to the Committee on  Education  --
          reported  and referred to the Committee on Ways and Means -- committee

          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the education law, in relation to  services  to  out-of-
          state  school districts by boards of cooperative educational services;
          and providing for the repeal of such provisions upon expiration there-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph h of subdivision 4 of section 1950 of the educa-
     2  tion law is amended by adding a new subparagraph 10 to read as follows:
     3    (10) To enter into contracts of no more than two years and subject  to
     4  the sunset date of this subparagraph, with out-of-state school districts
     5  for  special education and/or career and technical education services or

     6  for the use of existing products that demonstrate how to map the  common
     7  core standards to assessments and/or provide access to existing webinars
     8  or  online  courses relating to implementation of the common core stand-
     9  ards. Any contract shall be approved by the commissioner, the  board  of
    10  cooperative  educational  services  and  the  district superintendent of
    11  schools, provided  such  services  are  made  available  to  any  school
    12  district  within  the  supervisory district and that the requirements of
    13  this subparagraph are met. Contracts must be executed by  the  board  of
    14  cooperative educational services and the trustees or boards of education
    15  of  such  out-of-state school districts and shall only authorize out-of-

    16  state students to  participate  in  an  instructional  program  if  such
    17  services  are  available  to  all  eligible  students  in New York state
    18  schools in the component districts and the number of participating  out-
    19  of-state  students only comprises up to five percent of the total number
    20  of the total enrolled students in the instructional program at the board
    21  of cooperative educational services and that the  board  of  cooperative
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10205--A                         2

     1  educational  services  spends no more than thirty percent of its employ-
     2  ees' time on services to out-of-state districts pursuant to this subpar-
     3  agraph. To be approved by the commissioner, the contract and  any  busi-
     4  ness  plan, shall demonstrate that any services provided to out-of-state
     5  schools pursuant to this subparagraph shall not result in any additional
     6  costs being imposed on component school districts and that any  payments
     7  received  by  the board of cooperative educational services for services
     8  provided in this subparagraph that exceed any cost to the board of coop-
     9  erative educational  services  for  providing  such  services  shall  be
    10  applied  to  reduce  the  costs  of aidable shared services allocated to

    11  component school districts pursuant to paragraph d of  this  subdivision
    12  and shall also be applied to reduce the approved cost of services pursu-
    13  ant to subdivision five of this section. Services provided by a board of
    14  cooperative  educational  services to component districts at the time of
    15  approval of a contract under this paragraph  shall  not  be  reduced  or
    16  eliminated  solely  due  to a board of cooperative educational services'
    17  performance of services to out-of-state districts pursuant to this para-
    18  graph.
    19    § 2. Subparagraph 2 of paragraph d of subdivision 4 of section 1950 of
    20  the education law, as added by chapter 474  of  the  laws  of  1996,  is
    21  amended to read as follows:
    22    (2)  Certain services prohibited. Commencing with the nineteen hundred

    23  ninety-seven--ninety-eight school year, the commissioner  shall  not  be
    24  authorized  to  approve  as  an  aidable shared service pursuant to this
    25  subdivision any cooperative maintenance services or municipal  services,
    26  including  but  not limited to, lawn mowing services and heating, venti-
    27  lation or air conditioning repair or maintenance or trash collection, or
    28  any other municipal services as defined  by  the  commissioner.  On  and
    29  after  the  effective date of this paragraph, the commissioner shall not
    30  approve, as an aidable shared service, any new  cooperative  maintenance
    31  or  municipal services for the nineteen hundred ninety-six--ninety-seven
    32  school year, provided that the commissioner may approve the continuation
    33  of such services for one year if provided in the nineteen hundred  nine-
    34  ty-five--ninety-six  school year. No service provided to an out-of-state

    35  school district pursuant to subparagraph ten  of  paragraph  h  of  this
    36  subdivision shall be eligible for aid.
    37    § 3. The commissioner of education, in consultation with participating
    38  boards  of  cooperative  educational services, shall prepare two reports
    39  describing the content of contracts approved by  such  commissioner  and
    40  the  district superintendent pursuant to paragraph h of subdivision 4 of
    41  section 1950 of the education law, including the names of the parties to
    42  the contract, the length of the contract, a description of the  services
    43  provided  under  the  contract,  the percentage of out-of-state students
    44  that are in each instructional  program  in  the  board  of  cooperative
    45  educational services compared to in-state students, a description of the
    46  time  spent  by  board  of cooperative educational services employees to

    47  perform such services and  any  expenses  and  revenues  for  performing
    48  services to out-of-state districts under the contract. The reports shall
    49  also include a detailed breakdown of how many additional employees need-
    50  ed  to  be  hired  by  the  board of cooperative educational services to
    51  perform such services, any additional resources or materials that needed
    52  to be purchased by the board of cooperative educational services  and/or
    53  any  administrative,  marketing and/or development costs associated with
    54  performing services under paragraph d of subdivision 4 of  section  1950
    55  of  the education law. If payments received for such services exceed the
    56  costs of providing such services,  the  reports  shall  also  include  a

        A. 10205--A                         3
     1  description  of  how  the board of cooperative educational services will

     2  reduce the costs of aidable shared services to the  component  districts
     3  pursuant  to  paragraph d of subdivision 4 of section 1950 of the educa-
     4  tion  law  and/or  how any revenues received by the board of cooperative
     5  educational services will reduce the costs of aidable  shared  services.
     6  The  commissioner  of  education  shall  submit an interim report to the
     7  board of regents, the governor and the  legislature  by  no  later  than
     8  April  15,  2013  and a final report by no later than December 15, 2013,
     9  with recommendations on whether and under what conditions such contracts
    10  should continue to be authorized beyond  the  expiration  date  provided
    11  herein.
    12    §  4.  This  act shall take effect immediately and shall expire and be
    13  deemed repealed July 1, 2014.
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