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A11566 Summary:

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A11566 Floor Votes:

A11566 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11566
 
                   IN ASSEMBLY
 
                                      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    §  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    § 2. Subdivision 32 of section 305 of the education law is REPEALED.
     6    § 3. Section 805 of the education law is REPEALED.
     7    §  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    § 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    §  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    § 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    §  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    §  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    § 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    § 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.