NY State Assembly Bill 2009-A7568

Assembly Bill A7568

2009-2010 Legislative Session

Relates to streamlining planning and reporting requirements for school districts and boards of cooperative educational services; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2010	print number 7568a
Mar 08, 2010	amend and recommit to education
Jan 06, 2010	referred to education
Apr 14, 2009	referred to education

Bill Amendments

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2009-A7568 - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §101-b, amd §§806, 1950, 2201, 2802 & 3602, rpld §305 sub 32, §805, §4402 sub 1 ¶b sub¶ 5 cl(e), §4452 sub 1 ¶b, Ed L

2009-A7568 - Summary

Relates to streamlining planning and reporting requirements for school districts and boards of cooperative educational services and repeals certain provisions of the education law relating to reporting requirements.

2009-A7568 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7568

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
  Department) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to  the  streamlining  of
  planning and reporting requirements for school districts and boards of
  cooperative  educational  services;  and  to  repeal subdivision 32 of
  section 305 of such law relating to a study of reporting requirements,
  to repeal section 805 of such law relating to special  procedures  for
  enforcement  of  the health education curriculum, to repeal clause (e)
  of subparagraph 5 of paragraph b of subdivision 1 of section  4402  of
  such  law  relating  to  annual reports on transition of students with
  disabilities, and to repeal paragraph b of subdivision  1  of  section
  4452  of such law relating to submission of a plan for the identifica-
  tion and education of gifted pupils

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"the school paperwork elimination and reduction act of 2009".
  S 2. Legislative findings. The legislature hereby finds  and  declares
that the current required planning and reporting requirements for school
districts  and  BOCES  have  become  excessive, resulting in significant
administrative burdens. The legislature further finds that chapter 83 of
the laws of 2002 added subdivision 32 to section 305  of  the  education
law which required the commissioner of education to complete a review of
all  applications,  plans  and  reports required of school districts and
BOCES. The legislature further finds that the commissioner of  education
provided the legislature and the division of the budget on June 1, 2003,
with a report entitled "A Proposal on Planning and Reporting by New York
State  School  Districts  for  the Strategic Use of School Resources for
School Improvement" which included a proposal to replace existing  plan-
ning  and  reporting  requirements  with a new comprehensive streamlined
reporting system.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04262-02-9

A. 7568                             2

  The legislature further finds that this act implements those  portions
of the commissioner of education's report which addressed state statuto-
rily  required  planning  and reporting requirements by eliminating such
requirements and by reducing the scope  of  other  statutorily  required
planning  and reporting requirements. The legislature further finds that
the creation of a comprehensive  planning  and  reporting  system  is  a
necessary component to the reduction of scope and elimination of certain
existing planning and reporting requirements.
  S  3.  The  education  law is amended by adding a new section 101-b to
read as follows:
  S 101-B. PAPERWORK REDUCTION. 1. IT SHALL BE THE DUTY OF  THE  COMMIS-
SIONER  TO REDUCE THE PAPERWORK BURDEN ON SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES BY ELIMINATING AND AVOIDING DUPLICATIVE
REPORTING REQUIREMENTS WHEREVER POSSIBLE, AND  BY  CONSOLIDATING  PLANS,
REPORTS  AND  APPLICATIONS,  WHERE POSSIBLE AND CONSISTENT WITH LAW. THE
COMMISSIONER SHALL CONFORM STATE REPORTING AND PLANNING REQUIREMENTS  TO
FEDERAL  REQUIREMENTS,  WHERE  POSSIBLE,  AND SHALL SEEK FEDERAL WAIVERS
WHERE NEEDED TO ALIGN STATE AND FEDERAL REQUIREMENTS.  NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED TO EXCUSE THE COMMISSIONER OR THE BOARD OF
REGENTS FROM, OR  OTHERWISE  LIMIT,  REPORTING  OF  INFORMATION  BY  THE
DEPARTMENT TO THE LEGISLATURE OR THE GOVERNOR UNDER ANY OTHER LAW.
  2.  THE  COMMISSIONER  SHALL  REDUCE  THE NUMBER OF PLANS, REPORTS AND
APPLICATIONS REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS OF  COOPER-
ATIVE EDUCATIONAL SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELEC-
TRONIC  DATA  COLLECTION  SYSTEMS  WHICH  ELIMINATE REDUNDANT REPORTING,
CONNECT PLANNING AND REPORTING, AND WHICH FOCUS ON COLLECTING  DATA  AND
REQUIRING  PLANNING  WHEN  NECESSARY  TO  ASSURE FISCAL AND PROGRAMMATIC
ACCOUNTABILITY AND COMPLIANCE WITH  LAW,  TO  FOSTER  CONTINUOUS  SCHOOL
IMPROVEMENT  AND  CLOSE  THE  GAP  BETWEEN  ACTUAL  AND  DESIRED STUDENT
ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE AND SECURE ENVIRONMENT
AND/OR PROTECT THE HEALTH AND SAFETY OF STUDENTS AND STAFF. SUCH SYSTEMS
SHALL LINK PLANNING AND REPORTING TO THE STATE SYSTEM OF  ACCOUNTABILITY
REQUIRED  UNDER  FEDERAL LAW, PROVIDING FOR AN AUDIT BASED ASSESSMENT OF
RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL  PERFORMANCE  OR  IMPROPER
MANAGEMENT  OR  USE  OF PUBLIC FUNDS. THE COMMISSIONER SHALL COLLABORATE
WITH SELECTED SCHOOL DISTRICTS AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES  TO  PROMOTE  BETTER USE OF REQUIRED PLANNING AND REPORTING AND
SHALL ASSURE THAT REPORTING REQUIREMENTS INCLUDE DATA WHICH CAN BE  USED
TO IDENTIFY BEST PRACTICES. THE COMMISSIONER SHALL PROVIDE FOR THE SHAR-
ING  OF  EFFECTIVE  PLANNING PRACTICES WITH SCHOOL DISTRICTS AND, TO THE
EXTENT PRACTICABLE, SHALL PROVIDE TECHNICAL ASSISTANCE  ON  THE  USE  OF
DATA  FOR  PLANNING,  INVOLVE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
AND INSTITUTIONS OF HIGHER EDUCATION IN PROVIDING  TECHNICAL  ASSISTANCE
ON THE USE OF DATA FOR STRATEGIC PLANNING TO SUPERINTENDENTS OF SCHOOLS,
SCHOOL  BUSINESS  OFFICIALS  AND  TEACHERS,  INVOLVE RESEARCHERS IN DATA
ANALYSIS AND EVALUATION, AND, TO THE EXTENT PRACTICABLE, PROVIDE TECHNI-
CAL ASSISTANCE OR TRAINING ON THE USE OF  DATA  IN  PLANNING  TO  SCHOOL
BOARD MEMBERS.
  S 4. Subdivision 32 of section 305 of the education law is REPEALED.
  S 5. Section 805 of the education law is REPEALED.
  S  6. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
  2. The regents shall determine the subjects to  be  included  in  such
courses  of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the  grades
in such subjects.  [They shall adopt rules providing for attendance upon

A. 7568                             3

such instruction and for such other matters as are required for carrying
into  effect  the  teaching  of the courses of instruction prescribed by
this section.  The commissioner of education shall  be  responsible  for
the  enforcement  of  such  section  and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may, in his discretion, cause all or a  portion  of  the  public  school
money to be apportioned to a district or city to be withheld for failure
of  the  school authorities of such district or city to provide instruc-
tion in such courses and to compel attendance upon such instruction,  as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
  S 7. Subparagraph 5 of paragraph b of subdivision 4 of section 1950 of
the  education  law,  as  amended by chapter 602 of the laws of 1994, is
amended to read as follows:
  (5) The trustees or  board  of  education  of  each  component  school
district  of the board of cooperative educational services shall adopt a
public resolution which  shall  approve  or  disapprove  such  tentative
administrative  budget at a regular or special meeting to be held within
the component district on the date designated  pursuant  to  subdivision
two-a  of  this section as the date for election of members of the board
of cooperative educational services, or in the  case  of  the  board  of
education  of a central high school district on the regular business day
next following such designated date.
  If the resolutions adopted by the trustees or boards of education of a
majority of the component school districts of the board  of  cooperative
educational  services  actually voting approve the tentative administra-
tive budget, the board of cooperative educational services may adopt the
tentative administrative budget without modification. If a  majority  of
the component school districts actually voting fail to adopt resolutions
approving  such  tentative  administrative  budget,  or if the number of
component school districts approving the budget  equals  the  number  of
school  districts  disapproving  the  budget,  the  board of cooperative
educational services shall prepare and adopt a  contingency  administra-
tive  budget  which  shall  not  exceed the amount of the administrative
budget of the board of cooperative educational services for the previous
school year except to accommodate expenditure increases attributable  to
supplemental  retirement  allowances  payable  pursuant  to section five
hundred thirty-two of this chapter  and  section  seventy-eight  of  the
retirement  and  social  security law. [For purposes of development of a
budget for the nineteen hundred  ninety-four--ninety-five  school  year,
each  board  of  cooperative  educational  services  shall  separate its
program, capital and administrative costs for the nineteen hundred nine-
ty-three--ninety-four school  year  in  the  manner  prescribed  by  the
commissioner,  and  shall  submit  the resulting separate administrative
budget to the commissioner for approval. Upon approval  of  the  commis-
sioner, such separate administrative budget shall be deemed the adminis-
trative  budget of the board of cooperative educational services for the
nineteen hundred ninety-three--ninety-four school year.]
  S 8. Paragraph c of subdivision 4 of section  1950  of  the  education
law,  as  amended by chapter 301 of the laws of 1996, is amended to read
as follows:
  c. Make or cause to be made surveys to determine the need for  cooper-
ative  educational  services in the supervisory district and present the
findings of their surveys to local school  authorities.  Each  board  of
cooperative  educational services shall prepare long range program plans
to meet the projected need for such cooperative educational services  in

A. 7568                             4

the  supervisory district for the next five years as may be specified by
the commissioner, and shall [submit] KEEP ON FILE AND MAKE AVAILABLE FOR
PUBLIC INSPECTION AND REVIEW BY THE COMMISSIONER such plans  and  there-
after  annual revisions of such plans [to the commissioner] on or before
the first day of December of each year, [except that  special  education
and  career  education program plans, in a form specified by the commis-
sioner, shall be submitted every two years, no later than the date spec-
ified by the commissioner, and  revised  annually]  PROVIDED  THAT  SUCH
PLANS  MAY  BE  INCORPORATED  INTO  A  BOARD  OF COOPERATIVE EDUCATIONAL
SERVICES DISTRICT-WIDE COMPREHENSIVE PLAN.
  S 9. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of  section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, are amended to read as follows:
  (3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual  oper-
ating  plan  for  the ensuing school year to the department for approval
not later than the fifteenth day of February of each  year.  Such  board
shall,  through  its  executive  officer,  notify  each component school
district on or before the tenth day of  March  concerning  the  services
[which] THAT have been approved by the commissioner to be made available
for  the  ensuing  school  year.  Such  notice shall set forth the local
uniform cost of each such service,  based  on  (i)  anticipated  partic-
ipation in the ensuing school year, or (ii) participation in the current
year,  or  (iii)  a two or three year average including participation in
the current year, which unit cost shall be the same for all  participat-
ing  component  districts  and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials  with
their  respective  boards;  provided,  however,  such unit cost shall be
subject to final adjustment for programs for students with  disabilities
based  on  actual  participation  in  accordance with regulations of the
commissioner.  Notwithstanding the determination of  the  local  uniform
unit  cost  methodology selected in accordance with this paragraph, each
board of cooperative education services shall  annually  report  to  the
commissioner  the  [budgeted  unit cost and, when available, the] actual
unit cost of such programs and services, in  accordance  with  both  the
local  uniform  unit  cost methodology and a statewide uniform unit cost
methodology prescribed by the  commissioner  by  regulation,  where  the
[budgeted  statewide unit cost shall be based on the anticipated partic-
ipation in the ensuing year and the] actual statewide unit cost shall be
based on actual participation through the end of each year.
  (4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May  following  such
notification notify the board of cooperative educational services of its
intention  to  participate or not to participate in such shared services
and the specific services which such district elects  to  utilize.  Each
participating  component  school  district  shall be required to pay the
board of cooperative educational services for the cost of  the  services
set  forth in such notification, except for adjustments caused by subse-
quent unanticipated changes in the district's enrollment. The  board  of
cooperative  educational  services  shall  enter into contracts with its
component school districts for such requested services. A copy  of  each

A. 7568                             5

executed contract for such purpose shall be [filed with the commissioner
by]  KEPT ON FILE WITH the board of cooperative educational services AND
MADE AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST on  or  prior  to  the
first  day  of  August  of  each year. Notwithstanding the provisions of
paragraph b of this subdivision, any  component  school  district  which
does  not elect to participate in any such specific cooperative services
authorized under this paragraph shall not be required to pay  any  share
of  the  moneys  provided in the budget as salaries of teachers or other
personnel employed in providing such service, for equipment and supplies
for such service or for transportation of pupils to and from  the  place
where  such  service  is  maintained. Provided, further, that a board of
cooperative educational services may allocate the cost of such  services
to  component  school  districts  in  accordance  with terms agreed upon
between such board and three-quarters of the  boards  of  education  and
trustees of local school districts participating in the service.
  S  10.  Paragraph kk of subdivision 4 of section 1950 of the education
law, as added by section 13 of part A of chapter  436  of  the  laws  of
1997, is amended to read as follows:
  kk.  For  the  nineteen hundred ninety-seven--ninety-eight school year
and thereafter, the board of cooperative  educational  services  (BOCES)
shall  prepare  a  BOCES  report  card,  pursuant  to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies  of  the
proposed  administrative  budget  made publicly available as required by
law, making it available for distribution at  the  annual  meeting,  and
otherwise  disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the board  of
cooperative  educational  services,  on a school by school or program by
program basis, and measures of the fiscal performance of the supervisory
district, as prescribed by the commissioner. Pursuant to regulations  of
the  commissioner,  the report card shall also compare these measures to
statewide averages for all boards of cooperative  educational  services.
Such  report  card  shall include[, at a minimum, any information of the
board of cooperative educational services  regarding  pupil  performance
and  expenditure  per pupil required to be included in the annual report
by the regents to the governor and the legislature pursuant  to  section
two  hundred  fifteen-a  of  this  chapter; and] any [other] information
required by the commissioner.
  S 11. Subdivision 2 of section 2201 of the education law,  as  amended
by chapter 295 of the laws of 1993, is amended to read as follows:
  2.  Whenever  a  vacancy  hereafter  occurs  in the office of district
superintendent of schools in any supervisory district  or  whenever  the
commissioner  receives  a  letter  of resignation from a district super-
intendent, the commissioner [shall] MAY survey the field in  the  county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to  serve  adequately  the educational interests of the county he or she
shall be authorized to conduct a study to examine the possible  reorgan-
ization of such supervisory district if no such study has been conducted
within five years.
  S  12. Subdivision 5 of section 2802 of the education law, as added by
chapter 181 of the laws of 2000, is amended to read as follows:
  5. By [January] APRIL first  of  each  year,  the  commissioner  shall
report  to  the governor, the legislature and the regents concerning the
prevalence of violence and disruptive incidents in the  public  schools,
and  the  effectiveness of school programs undertaken to reduce violence

A. 7568                             6

and assure the safety and security of students and school personnel. The
report shall summarize  the  information  available  from  the  incident
reporting  system,  and  [identify  specifically  the schools and school
districts  with  the least and greatest incidence of violent and disrup-
tive incidents, and the least and most improvement  since  the  previous
year or years] COMPARE THE INCIDENCE OF VIOLENT AND DISRUPTIVE INCIDENTS
OF SCHOOLS AND SCHOOL DISTRICTS AND BOARDS WITH OTHER SCHOOLS AND SCHOOL
DISTRICTS  AND  BOARDS  BASED ON SIMILARITY IN SIZE AND GRADE LEVELS AND
OTHER CHARACTERISTICS, INCLUDING STUDENT NEED AND RESOURCES,  AS  DETER-
MINED  BY THE COMMISSIONER.  The report shall also, to the extent possi-
ble, relate the results available from the  incident  reporting  system,
together  with  such  other analysis and information as the commissioner
determines is appropriate, to the effectiveness of school violence meas-
ures undertaken by participating schools and school districts, including
the school codes and school safety plans required  by  sections  twenty-
eight hundred one and twenty-eight hundred one-a of this article.
  S  13.  Paragraph f of subdivision 11 of section 3602 of the education
law, as added by chapter 82 of the laws of 1995 and such subdivision  as
renumbered by section 15 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
  f. Approved [plan of service and program evaluation] APPLICATION.  All
school districts and BOCES desiring to operate an aidable program pursu-
ant to this subdivision shall complete [a comprehensive plan of service]
AN  application, including a budget by program component[, together with
an evaluation of the effectiveness of program components offered  during
the most recent July first through March thirtieth, if any]. Such [eval-
uation  and  plan]  APPLICATION  shall  be  in  a form prescribed by the
commissioner and shall be submitted  not  later  than  [forty-five  days
after  the  provisions  of this paragraph shall have become law, and not
later than] May fifteenth [in] OF [subsequent] EACH school [years] YEAR.
Within forty-five days of such deadline, and  upon  evaluation  of  such
applications,  the  commissioner shall notify school districts and BOCES
of those portions of such [plan of service]  APPLICATION  that  will  be
aidable  in  the  school  year  ahead  after making a determination that
approval of such [programs] APPLICATION will assure  maximum  effective-
ness,  geographic availability and lack of duplication of such programs,
support  for  educational  initiatives,  and  compliance  with  required
program  and  fiscal  reporting  requirements.  No  aid shall be payable
pursuant  to  this  subdivision  unless  the  [program]  APPLICATION  is
approved by the commissioner.
  S  14.  Paragraph  b of subdivision 8 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  b.  District  plans of service. Any school district receiving an addi-
tional apportionment pursuant to subdivision ten  of  this  section  for
pupils  in career education programs or a payment in lieu of such appor-
tionment or having a public excess cost aid setaside pursuant to  subdi-
vision  four  of  this section shall keep on file and make available for
public inspection and review by the commissioner an acceptable  plan  of
service  describing the student outcomes expected from implementation of
the proposed plan, provided that such plan may be  incorporated  into  a
school  district's district-wide comprehensive plan. The plan of service
[submitted by] OF a school district receiving an  additional  apportion-
ment  pursuant  to  this section for pupils with disabilities shall also
describe how such district intends  to  ensure  that  all  instructional
materials to be used in the schools of such district will be made avail-

A. 7568                             7

able  in  a usable alternative format for each student with a disability
and for each student who is a qualified individual with a disability, at
the same time as such instructional materials are available to non-disa-
bled  students, provided that such plan may incorporate by reference the
alternative format plans developed pursuant to subdivision twenty-nine-a
of section sixteen hundred four, subdivision four-a of section seventeen
hundred nine, subdivision seven-a of section twenty-five  hundred  three
or subdivision seven-a of section twenty-five hundred fifty-four of this
chapter.  Such  plans shall be in a form prescribed by the commissioner,
and except as heretofore provided, shall have the content prescribed  by
the  commissioner.  The  commissioner  may,  from  time to time, require
amendments of such plans as deemed to be necessary  and  appropriate  to
further the educational welfare of the pupils involved.
  S  15. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 16. Paragraph b of subdivision 1 of section 4452  of  the  education
law is REPEALED.
  S  17. This act shall take effect immediately; provided, however, that
the commissioner of education shall promulgate any rules or  regulations
necessary  to  implement the provisions of this act on or before July 1,
2010.

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2009-A7568A (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §101-b, amd §§806, 1950, 2201, 2802 & 3602, rpld §305 sub 32, §805, §4402 sub 1 ¶b sub¶ 5 cl(e), §4452 sub 1 ¶b, Ed L

2009-A7568A (ACTIVE) - Summary

2009-A7568A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7568A

TITLE OF BILL:

An  act to amend the education law, in relation to the streamlining of
planning and reporting requirements for school districts and boards of
cooperative educational services; and  to  repeal  subdivision  32  of
section 305 of such law relating to a study of reporting requirements,
to  repeal  section 805 of such law relating to special procedures for
enforcement of the health education curriculum, to repeal  clause  (e)
of  subparagraph  5 of paragraph b of subdivision 1 of section 4402 of
such law relating to annual reports on  transition  of  students  with
disabilities,  and  to  repeal paragraph b of subdivision 1 of section
4452  of  such  law  relating  to  submission  of  a  plan   for   the
identification and education of gifted pupils

PURPOSE OF THE BILL:

To  streamline  planning  and  reporting requirements placed on school
districts and boards of cooperative educational  services  (BOCES)  by
reducing  duplicative  and  burdensome separate reporting systems. The
bill gives the Commissioner of Education the responsibility to  reduce
the paperwork burden on schools, conforms state planning and reporting
requirements  to  federal  requirements,  and  defines the purposes of
school district planning and reporting.

SUMMARY OF PROVISIONS OF THE BILL:

Section 1  of  the  bill  names  the  act  as  "the  School  Paperwork
Elimination and Reduction Act of 2010".

Section 2 makes legislative findings to express the intent of the act,
which implements recommendations concerning the elimination of various
unneeded  statutorily required planning and reporting requirements and
the reduction of scope of  other  statutorily  required  planning  and
reporting  requirements.  contained in a 2003 Commissioner's report to
the  Governor  and  Legislature  recommending  a   new   comprehensive
streamlined  reporting  system. The bill proposes that the Legislature
find that the creation  of  a  comprehensive  planning  and  reporting
system  is  a  necessary  component  to  the  reduction  of  scope and
elimination of certain existing planning and reporting requirements.

Section 3 would amend the Education Law by adding a new section 101-b.
The new section would:

o Give the Commissioner the responsibility  to  reduce  the  paperwork
burden,  while  focusing  planning  and  reporting  on student results
rather than the processes to achieve them.

o Require the Commissioner to conform  state  reporting  and  planning
requirements  to  federal  requirements,  where  possible, and to seek
federal waivers where needed to align state and federal  requirements,
provided,  however,  that  nothing  in  the  section  would excuse the
Commissioner or the Board of Regents from reporting information by the
Department to the Legislature or the Governor under any other law.


o Define the purposes of planning and reporting as  follows:  assuring
fiscal  and  programmatic  accountability, fostering continuous school
improvement and closing the  student  achievement  gap,  assuring  the
provision  of  a safe and secure environment and protecting the health
and safety of students.

o   Define  the  Commissioner's  responsibility  to  collaborate  with
selected  school  districts  and  boards  of  cooperative  educational
services  (BOCES)  to  promote  better  use  of  required planning and
reporting,  identify  best  practices,  provide  for  the  sharing  of
effective  planning practices, and provide technical assistance on the
use of data in planning to school board members.

o Allow school districts, BOCES  and  charter  schools,  with  certain
exceptions,  to  fulfill  any  requirement  that  reports and plans be
submitted to or filed with the Department by posting  such  report  or
plan  on  their  websites;  provided the Department is afforded timely
electronic notification of the website address and the posting.    The
exceptions would be the filing of State aid claims or other situations
where  the  Department requires information or data to be submitted to
the Department electronically through its data systems or website,  or
otherwise,  or  where  posting  of  a plan, report or application on a
website could violate  confidentiality  requirements  under  State  or
federal law.

Section  4 would repeal subdivision 32 of section 305 of the Education
Law, which required the Commissioner to  conduct  the  2003  study  on
streamlining school district planning and reporting.

Section  5  would repeal section 805 of the Education Law, which gives
the Commissioner the authority  to  withhold  all  public  funds  from
school  districts  that  fail  to provide health education instruction
regarding  alcohol,  drugs,  tobacco  abuse  and  the  prevention  and
detection  of  certain  cancers,  as  required  by  section 804 of the
Education Law.

Section 6 would amend subdivision 2 of section 806  of  the  Education
Law  concerning  instruction in highway safety and traffic regulation,
including  bicycle  safety.     The  amendment  would   continue   the
requirement  for  school  districts  to  provide  the  instruction but
eliminate specific details, including  the  Commissioner's  inspection
and  oversight of such instruction and the Commissioner's authority to
withhold public school money for noncompliance.

Section 7 would amend subparagraph 5 of paragraph b of  subdivision  4
of  section  1950  of  the  Education  Law  to  eliminate  an outdated
requirement  for  BOCES  to  separate   its   program,   capital   and
administrative costs for the 1994-95 school year budget.

Section  8 would amend paragraph c of subdivision 4 of section 1950 of
the Education Law to  continue  the  requirement  that  BOCES  prepare
long-range program plans, but to change the required submission to the
State  Education Department and instead require the plan to be on file
and available for public inspection and review by the Commissioner  as
needed. This section would eliminate the requirement that BOCES submit
sections  of  the  plan  pertaining  to  special  education and career


education programs every two years and provide that such plans may  be
incorporated into a BOCES district-wide comprehensive plan.

Section  9  would  amend  subparagraphs  3  and  4  of  paragraph d of
subdivision 4 of section  1950  of  the  Education  Law  to  eliminate
requirements for BOCES to submit to the State Education Department:

o  Contract  signatures to ensure that BOCES and school districts have
signed contracts for cooperative services;

o Amendments to the BOCES adopted budget, which  also  are  no  longer
required to be submitted pursuant to this act; and

Section  10  would amend paragraph kk of subdivision 4 of section 1950
of the Education Law concerning the BOCES report card.  The  amendment
would  delete  reference  to  including  in  the  report card specific
information included in the Regents annual report to the Governor  and
the  Legislature  pursuant  to section 215-a of the Education Law. The
Commissioner would continue to  have  the  responsibility  to  provide
certain  information  needed  to  ensure  the  accountability of BOCES
pursuant to section 215-b of the Education Law.

Section 11 would amend subdivision 2 of section 2201 of the  Education
Law  to  allow,  rather than require, the Commissioner of Education to
conduct a  supervisory  district  reorganization  study  whenever  the
Commissioner   receives  a  letter  of  resignation  from  a  district
superintendent of schools.

Section 12 would amend subdivision 5 of section 2802 of the  Education
Law  to change the date from January 1 to April 1 for the Commissioner
to report to the Regents, Governor and Legislature on  the  prevalence
of  violence  and  disruptive  incidents  in  public  schools  and the
effectiveness of school programs undertaken  to  reduce  violence  and
assure  the  safety  and security of students and school personnel. It
would further amend this section to eliminate the requirement that the
Commissioner identify specifically the school and school district with
the least and greatest incidence of violent and  disruptive  incidents
and  least  and  most  improvement,  but  require  the Commissioner to
compare the incidence of violent and disruptive incidents of  schools,
school  districts  and boards with other schools, school districts and
boards  based  on  similarity  in  size,  grade   levels   and   other
characteristics,  rather  than  reporting on the schools and districts
with the highest  and  lowest  incidence  of  violent  and  disruptive
incidents  in  the  State.    These  changes are proposed to make such
reporting more objective and less open to interpretations that may  go
beyond the limitations of data the Department can collect.

Section  13  would amend paragraph f of subdivision 11 of section 3602
of the  Education  Law  to  require  school  districts  and  BOCES  to
eliminate  the  requirement to submit a plan of service and evaluation
for approval  of  the  Commissioner,  in  order  to  receive  aid  for
Employment   Preparation   Education  programs.  The  amendment  would
continue to require  submission  of  an  annual  application  for  the
payment of aid, to be approved by the Commissioner.

Section 14 would amend paragraph b of subdivision 8 of section 3602 of
the  Education  Law  to  fully  eliminate  the requirement that school


districts submit to the Commissioner plans of service for these  three
categorical  aid  programs  and  to  replace  such  requirement with a
requirement that the district plans of service be  kept  on  file  and
available for public inspection.

Section  15 would repeal clause (e) of subparagraph (5) of paragraph b
of subdivision 1 of section 4402 of the Education  Law  to  no  longer
require  that  school  district  committees  on  special education and
multidisciplinary  teams  submit  annual  reports  to  the  Department
relating   to  transition  of  students  with  disabilities  to  adult
services.

Section 16 would repeal paragraph b of subdivision 1 of  section  4452
of  the  Education  Law  to  eliminate  !he  requirement  that  school
districts submit to the Commissioner a  plan  for  the  education  and
identification  of  gifted  and  talented  students  as a condition of
receipt of state funds  for  the  education  of  gifted  and  talented
students.

Section 17 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

Subdivision  32  of  Section  305  of  the  Education Law, as added by
section 1 of part H of Chapter 83 of the Laws of  2002,  requires  the
Commissioner  to  conduct  a  review  of  all  plans, applications and
reports that school districts are required  to  submit  to  the  State
Education  Department  by  laws, regulations or administrative action.
This 2002 law further requires the Commissioner to submit a report  on
plans   for  streamlining  such  requirements  to  reduce  duplicative
reporting. In his report issued June 1, 2003, the  Commissioner  found
that  federal  and  State  law  and Commissioner's regulations require
school districts to submit approximately 150 plans,  applications  and
reports to the State Education Department annually. These requirements
have  been  in  place for decades to respond to a variety of different
needs for school improvement, accountability and financial  reporting.
During  this  period,  the  state's  technological capacity has grown,
federal and state  governments  have  implemented  a  results-oriented
school  accountability  system, and Department staff has been reduced.
The Commissioner has recommended "a  new,  comprehensive,  streamlined
system  aligned  with the expectations inherent in a results-oriented,
standards-based education system."  This legislation would  streamline
school   district   and  BOCES  planning  and  reporting  by  reducing
duplicative and burdensome separate reporting systems. It  would  not,
however, eliminate reporting requirements that have been determined to
be  necessary  to  maintain fiscal and programmatic accountability for
school districts or to protect the health or  safety  of  students  or
staff.

Accordingly,  this  bill  would require the Commissioner to reduce the
paperwork burden while focusing  planning  and  reporting  on  student
results.  The  bill  would  require  the Commissioner to conform state
reporting and planning  requirements  to  federal  requirements  where
possible,  and to seek federal waivers where needed to align state and
federal requirements. Where school districts, BOCES or charter schools
are required by law to file plans or reports with the Department, this
bill would allow them to fulfill  those  requirements  by  posting  on


their  websites, with appropriate electronic notice to the Department,
rather than submitting paper forms.   This  would  not  apply  to  the
filing  of State aid claims or other instances in which the Department
requires  electronic  submission  of  data  to  the  Department's data
systems or websites, or where posting  would  violate  confidentiality
requirements.

The  bill  would  limit  educational  planning  and  reporting  to the
following purposes:  assuring fiscal and programmatic  accountability,
fostering  continuous  school  improvement  and  closing  the  student
achievement gap, and  assuring  a  safe  and  secure  environment  and
protecting the health and safety of students.

To reduce the paperwork burden on school districts and BOCES, the bill
would  eliminate or streamline various specific reporting requirements
currently imposed by statute. Particularly, the bill  would  eliminate
or  streamline a series of reporting requirements currently imposed on
BOCES. BOCES reporting requirements often require data from  component
districts that is a burden on school districts to compile and on BOCES
to  coordinate  and  report,  so  streamlining  them would have a dual
benefit. Thus, the  bill  would  eliminate  requirements  that  BOCES:
report    on    the    cost-effectiveness    of    instructional   and
non-instructional technology acquired through the BOCES  by  component
school  districts;  submit  detailed  data  on  unit  costs for shared
services to the Commissioner, submit a copy  of  their  administrative
budget  to  the Commissioner; and submit their long-range plans to the
Commissioner. Other changes would  make  it  permissive,  rather  than
mandatory,  for  the  Commissioner to conduct a survey of the need for
reorganization of a BOCES when there is a vacancy in the  position  of
district   superintendent   of   schools,  limit  the  data  that  the
Commissioner must submit in the annual report on BOCES to  information
necessary  to  assure  accountability  and  eliminate certain obsolete
provisions relating to BOCES planning and reporting.

The bill also would provide  direct  relief  to  school  districts  by
eliminating  mandated  annual  reporting on students with disabilities
transitioning to adult services.   The required  annual  report  which
identifies  the  type  and  severity  of each student's disability and
other aging out information is no longer necessary because, subsequent
to the enactment of this State requirement,  the  federal  individuals
with  Disabilities  Act  (IDEA)  added  individual  student transition
planning  requirements  that  included  the  requirement  that  school
districts  involve  other agencies likely responsible for providing or
paying for transition services in the CSE meetings for each individual
student.   Thus, the federal individual  student  transition  planning
requirement  provides  other  State agencies with the student specific
information necessary to plan for the need of adult services.

Once this proposal is enacted, the Department would be able  to  amend
its  regulations  to eliminate or consolidate school district planning
and reporting requirements in statute and to identify for  elimination
any  duplicative or unnecessary requirements imposed by regulation. At
the same time, the Department is continuing with the  development  and
implementation of improved technology-based data reporting systems for
school districts and BOCES. Those systems are being designed to supply
the   data   needed  for  accountability  purposes  while  eliminating
duplicative reporting, compressing multiple  reports  into  a  limited


number  of  reports and making it easier for school district personnel
to submit data. The cumulative effect  of  these  efforts  will  be  a
substantial  reduction in the paperwork burden on school districts and
BOCES and a focus on collecting only the data necessary to comply with
federal  requirements and ensure that there is fiscal and programmatic
accountability.

BUDGETARY IMPLICATIONS OF THE BILL:

This bill  would  produce  considerable  savings  in  staff  time  and
printing  and  mailing at the state and local levels for preparing and
reviewing separate and, in  many  instances,  duplicative  information
requirements.  Although  the savings in staff time would not generally
allow school districts to reduce staffing levels, the bill will enable
school districts to reduce  staffing  levels,  the  bill  will  enable
school  district  administrative  staff  to  focus  their attention on
managing the district to maximize teaching and learning growth  rather
than  complying  with  duplicative reporting requirements.   This bill
would create no additional cost to the state or school districts.

PRIOR LEGISLATIVE HISTORY:

In 2005, this bill was introduced in  the  Senate  as  S.5416.  S.5416
passed  the  Senate,  was referred to the Assembly Education Committee
and no further action was taken. In  2006,  S.5416  again  passed  the
Senate,  was  recalled  and  amended.  S.5416-A passed the Senate, was
referred to the Assembly Education Committee and no further action was
taken. An identical bill was also introduced in the Assembly  in  2006
as A.11787, which was referred to the Assembly Education Committee and
no further action was taken.

In  2007, this bill was introduced in the Senate as S.1773-A. S.I773-A
passed the Senate, was referred to the  Assembly  Education  Committee
and  no  further  action  was  taken.  In  2007, an identical bill was
introduced in the Assembly as A.8687-A. A.8687-A was referred  to  the
Assembly  Education  Committee  and  no further action was taken.   In
2008, S.1773-A was returned to the  Senate,  passed  the  Senate,  was
referred  to  the  Assembly Education Committee, and no further action
was taken.

In 2009, this bill was introduced in the Senate as S.3874.  S.3874 was
referred to the Senate Education Committee, reported and committed  to
the  Senate  Finance  Committee,  discharged  from  said Committee and
referred back to the Senate Education Committee where it advanced to a
third reading and then was committed to the  Senate  Rules  Committee.
No  further action was taken.  An identical bill was introduced in the
Assembly as A.7568.   A.7568 was referred to  the  Assembly  Education
Committee, and no further action was taken.

EFFECTIVE DATE:

This  bill  specifies  that  the  act  will  take  effect immediately;
however, the Commissioner will be required to promulgate any rules  or
regulations  needed  to  implement  the  provisions  of this act on or
before July 1, 2011.

2009-A7568A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7568--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced by M. of A. NOLAN, GALEF, RUSSELL -- Multi-Sponsored by -- M.
  of  A.  PHEFFER  --  (at request of the State Education Department) --
  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  streamlining  of
  planning and reporting requirements for school districts and boards of
  cooperative  educational  services;  and  to  repeal subdivision 32 of
  section 305 of such law relating to a study of reporting requirements,
  to repeal section 805 of such law relating to special  procedures  for
  enforcement  of  the health education curriculum, to repeal clause (e)
  of subparagraph 5 of paragraph b of subdivision 1 of section  4402  of
  such  law  relating  to  annual reports on transition of students with
  disabilities, and to repeal paragraph b of subdivision  1  of  section
  4452  of such law relating to submission of a plan for the identifica-
  tion and education of gifted pupils

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"the school paperwork elimination and reduction act of 2010".
  S 2. Legislative findings. The legislature hereby finds  and  declares
that the current required planning and reporting requirements for school
districts  and  BOCES  have  become  excessive, resulting in significant
administrative burdens. The legislature further finds that chapter 83 of
the laws of 2002 added subdivision 32 to section 305  of  the  education
law which required the commissioner of education to complete a review of
all  applications,  plans  and  reports required of school districts and
BOCES. The legislature further finds that the commissioner of  education
provided the legislature and the division of the budget on June 1, 2003,
with a report entitled "A Proposal on Planning and Reporting by New York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04262-06-0

A. 7568--A                          2

State  School  Districts  for  the Strategic Use of School Resources for
School Improvement" which included a proposal to replace existing  plan-
ning  and  reporting  requirements  with a new comprehensive streamlined
reporting system.
  The  legislature further finds that this act implements those portions
of the commissioner of education's report which addressed state statuto-
rily required planning and reporting requirements  by  eliminating  such
requirements  and  by  reducing  the scope of other statutorily required
planning and reporting requirements. The legislature further finds  that
the  creation  of  a  comprehensive  planning  and reporting system is a
necessary component to a reduction in scope and elimination  of  certain
existing planning and reporting requirements.
  S  3.  The  education  law is amended by adding a new section 101-b to
read as follows:
  S 101-B. PAPERWORK REDUCTION. 1. IT SHALL BE THE DUTY OF  THE  COMMIS-
SIONER  TO REDUCE THE PAPERWORK BURDEN ON SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES BY ELIMINATING AND AVOIDING DUPLICATIVE
REPORTING REQUIREMENTS WHEREVER POSSIBLE, AND  BY  CONSOLIDATING  PLANS,
REPORTS  AND  APPLICATIONS,  WHERE POSSIBLE AND CONSISTENT WITH LAW. THE
COMMISSIONER SHALL CONFORM STATE REPORTING AND PLANNING REQUIREMENTS  TO
FEDERAL  REQUIREMENTS,  WHERE  POSSIBLE,  AND SHALL SEEK FEDERAL WAIVERS
WHERE NEEDED TO ALIGN STATE AND FEDERAL REQUIREMENTS.  NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED TO EXCUSE THE COMMISSIONER OR THE BOARD OF
REGENTS FROM, OR  OTHERWISE  LIMIT,  REPORTING  OF  INFORMATION  BY  THE
DEPARTMENT TO THE LEGISLATURE OR THE GOVERNOR UNDER ANY OTHER LAW.
  2.  THE  COMMISSIONER  SHALL  REDUCE  THE NUMBER OF PLANS, REPORTS AND
APPLICATIONS REQUIRED BY LAW, OF SCHOOL DISTRICTS AND BOARDS OF  COOPER-
ATIVE EDUCATIONAL SERVICES BY ESTABLISHING STREAMLINED AND UNIFIED ELEC-
TRONIC  DATA  COLLECTION  SYSTEMS  WHICH  ELIMINATE REDUNDANT REPORTING,
CONNECT PLANNING AND REPORTING, AND WHICH FOCUS ON COLLECTING  DATA  AND
REQUIRING  PLANNING  WHEN  NECESSARY  TO  ASSURE FISCAL AND PROGRAMMATIC
ACCOUNTABILITY AND COMPLIANCE WITH  LAW,  TO  FOSTER  CONTINUOUS  SCHOOL
IMPROVEMENT  AND  CLOSE  THE  GAP  BETWEEN  ACTUAL  AND  DESIRED STUDENT
ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE AND SECURE ENVIRONMENT
AND/OR PROTECT THE HEALTH AND SAFETY OF STUDENTS AND STAFF. SUCH SYSTEMS
SHALL LINK PLANNING AND REPORTING TO THE STATE SYSTEM OF  ACCOUNTABILITY
REQUIRED  UNDER  FEDERAL LAW, PROVIDING FOR AN AUDIT BASED ASSESSMENT OF
RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL  PERFORMANCE  OR  IMPROPER
MANAGEMENT  OR  USE  OF PUBLIC FUNDS. THE COMMISSIONER SHALL COLLABORATE
WITH SELECTED SCHOOL DISTRICTS AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES  TO  PROMOTE  BETTER USE OF REQUIRED PLANNING AND REPORTING AND
SHALL ASSURE THAT REPORTING REQUIREMENTS INCLUDE DATA WHICH CAN BE  USED
TO IDENTIFY BEST PRACTICES. THE COMMISSIONER SHALL PROVIDE FOR THE SHAR-
ING  OF  EFFECTIVE  PLANNING PRACTICES WITH SCHOOL DISTRICTS AND, TO THE
EXTENT PRACTICABLE, SHALL PROVIDE TECHNICAL ASSISTANCE  ON  THE  USE  OF
DATA  FOR  PLANNING,  INVOLVE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
AND INSTITUTIONS OF HIGHER EDUCATION IN PROVIDING  TECHNICAL  ASSISTANCE
ON THE USE OF DATA FOR STRATEGIC PLANNING TO SUPERINTENDENTS OF SCHOOLS,
SCHOOL  BUSINESS  OFFICIALS  AND  TEACHERS,  INVOLVE RESEARCHERS IN DATA
ANALYSIS AND EVALUATION, AND, TO THE EXTENT PRACTICABLE, PROVIDE TECHNI-
CAL ASSISTANCE OR TRAINING ON THE USE OF  DATA  IN  PLANNING  TO  SCHOOL
BOARD MEMBERS.
  3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, EXCEPT
AS  OTHERWISE  PROVIDED IN THIS SUBDIVISION, A SCHOOL DISTRICT, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES  OR  CHARTER  SCHOOL  MAY  SATISFY  ANY
REQUIREMENT  IMPOSED  BY LAW THAT A PLAN, REPORT OR APPLICATION BE FILED

A. 7568--A                          3

WITH, OR SUBMITTED TO, THE COMMISSIONER OR DEPARTMENT  BY  POSTING  SUCH
DOCUMENT  ON  THE  WEBSITE OF SUCH SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES  OR  CHARTER  SCHOOL  WITH  THE  DATE  OF  POSTING
DISPLAYED AND PROVIDING TIMELY ELECTRONIC NOTIFICATION TO THE DEPARTMENT
OF  THE  APPLICABLE WEB ADDRESS AND THE POSTING IN THE MANNER PRESCRIBED
BY THE COMMISSIONER. THE COMMISSIONER SHALL BE AUTHORIZED TO  PROMULGATE
ANY  RULES  OR  REGULATIONS  NECESSARY  FOR  THE  IMPLEMENTATION OF THIS
SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE FILING OF
STATE AID CLAIMS OR OTHER SITUATIONS IN WHICH  THE  DEPARTMENT  REQUIRES
INFORMATION  OR  DATA  TO  BE SUBMITTED TO THE DEPARTMENT ELECTRONICALLY
THROUGH THE DEPARTMENT'S DATA SYSTEMS OR WEBSITE OR OTHERWISE, OR  WHERE
POSTING  OF  A  PLAN,  REPORT  OR APPLICATION ON A WEBSITE COULD VIOLATE
CONFIDENTIALITY REQUIREMENTS UNDER STATE OR FEDERAL LAW, AND SHALL  ONLY
APPLY  TO  THE SUBMISSION OF PLANS, REPORTS AND APPLICATIONS REQUIRED BY
FEDERAL LAW TO THE EXTENT CONSISTENT WITH FEDERAL REQUIREMENTS.
  S 4. Subdivision 32 of section 305 of the education law is REPEALED.
  S 5. Section 805 of the education law is REPEALED.
  S 6. Subdivision 2 of section 806 of the education law, as amended  by
chapter 946 of the laws of 1973, is amended to read as follows:
  2.  The  regents  shall  determine the subjects to be included in such
courses of instruction in highway safety and traffic regulation  includ-
ing  bicycle safety, and the period of instruction in each of the grades
in such subjects.  [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into effect the teaching of the courses  of  instruction  prescribed  by
this  section.    The commissioner of education shall be responsible for
the enforcement of such section and shall  cause  to  be  inspected  and
supervise the instruction to be given in such subjects. The commissioner
may,  in  his  discretion,  cause  all or a portion of the public school
money to be apportioned to a district or city to be withheld for failure
of the school authorities of such district or city to  provide  instruc-
tion  in such courses and to compel attendance upon such instruction, as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
  S 7. Subparagraph 5 of paragraph b of subdivision 4 of section 1950 of
the education law, as amended by chapter 602 of the  laws  of  1994,  is
amended to read as follows:
  (5)  The  trustees  or  board  of  education  of each component school
district of the board of cooperative educational services shall adopt  a
public  resolution  which  shall  approve  or  disapprove such tentative
administrative budget at a regular or special meeting to be held  within
the  component  district  on the date designated pursuant to subdivision
two-a of this section as the date for election of members of  the  board
of  cooperative  educational  services,  or  in the case of the board of
education of a central high school district on the regular business  day
next following such designated date.
  If the resolutions adopted by the trustees or boards of education of a
majority  of  the component school districts of the board of cooperative
educational services actually voting approve the  tentative  administra-
tive budget, the board of cooperative educational services may adopt the
tentative  administrative  budget without modification. If a majority of
the component school districts actually voting fail to adopt resolutions
approving such tentative administrative budget,  or  if  the  number  of
component  school  districts  approving  the budget equals the number of
school districts disapproving  the  budget,  the  board  of  cooperative
educational  services  shall prepare and adopt a contingency administra-

A. 7568--A                          4

tive budget which shall not exceed  the  amount  of  the  administrative
budget of the board of cooperative educational services for the previous
school  year except to accommodate expenditure increases attributable to
supplemental  retirement  allowances  payable  pursuant  to section five
hundred thirty-two of this chapter  and  section  seventy-eight  of  the
retirement  and  social  security law. [For purposes of development of a
budget for the nineteen hundred  ninety-four--ninety-five  school  year,
each  board  of  cooperative  educational  services  shall  separate its
program, capital and administrative costs for the nineteen hundred nine-
ty-three--ninety-four school  year  in  the  manner  prescribed  by  the
commissioner,  and  shall  submit  the resulting separate administrative
budget to the commissioner for approval. Upon approval  of  the  commis-
sioner, such separate administrative budget shall be deemed the adminis-
trative  budget of the board of cooperative educational services for the
nineteen hundred ninety-three--ninety-four school year.]
  S 8. Paragraph c of subdivision 4 of section  1950  of  the  education
law,  as  amended by chapter 301 of the laws of 1996, is amended to read
as follows:
  c. Make or cause to be made surveys to determine the need for  cooper-
ative  educational  services in the supervisory district and present the
findings of their surveys to local school  authorities.  Each  board  of
cooperative  educational services shall prepare long range program plans
to meet the projected need for such cooperative educational services  in
the  supervisory district for the next five years as may be specified by
the commissioner, and shall [submit] KEEP ON FILE AND MAKE AVAILABLE FOR
PUBLIC INSPECTION AND REVIEW BY THE COMMISSIONER such plans  and  there-
after  annual revisions of such plans [to the commissioner] on or before
the first day of December of each year, [except that  special  education
and  career  education program plans, in a form specified by the commis-
sioner, shall be submitted every two years, no later than the date spec-
ified by the commissioner, and  revised  annually]  PROVIDED  THAT  SUCH
PLANS  MAY  BE  INCORPORATED  INTO  A  BOARD  OF COOPERATIVE EDUCATIONAL
SERVICES DISTRICT-WIDE COMPREHENSIVE PLAN.
  S 9. Subparagraphs 3 and 4 of paragraph d of subdivision 4 of  section
1950  of  the  education  law,  as amended by chapter 474 of the laws of
1996, are amended to read as follows:
  (3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual  oper-
ating  plan  for  the ensuing school year to the department for approval
not later than the fifteenth day of February of each  year.  Such  board
shall,  through  its  executive  officer,  notify  each component school
district on or before the tenth day of  March  concerning  the  services
[which] THAT have been approved by the commissioner to be made available
for  the  ensuing  school  year.  Such  notice shall set forth the local
uniform cost of each such service,  based  on  (i)  anticipated  partic-
ipation in the ensuing school year, or (ii) participation in the current
year,  or  (iii)  a two or three year average including participation in
the current year, which unit cost shall be the same for all  participat-
ing  component  districts  and shall be based upon a uniform methodology
approved annually by at least three-quarters of the participating compo-
nent school districts after consultation by local school officials  with
their  respective  boards;  provided,  however,  such unit cost shall be

A. 7568--A                          5

subject to final adjustment for programs for students with  disabilities
based  on  actual  participation  in  accordance with regulations of the
commissioner.  Notwithstanding the determination of  the  local  uniform
unit  cost  methodology selected in accordance with this paragraph, each
board of cooperative education services shall  annually  report  to  the
commissioner  the  [budgeted  unit cost and, when available, the] actual
unit cost of such programs and services, in  accordance  with  both  the
local  uniform  unit  cost methodology and a statewide uniform unit cost
methodology prescribed by the  commissioner  by  regulation,  where  the
[budgeted  statewide unit cost shall be based on the anticipated partic-
ipation in the ensuing year and the] actual statewide unit cost shall be
based on actual participation through the end of each year.
  (4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May  following  such
notification notify the board of cooperative educational services of its
intention  to  participate or not to participate in such shared services
and the specific services which such district elects  to  utilize.  Each
participating  component  school  district  shall be required to pay the
board of cooperative educational services for the cost of  the  services
set  forth in such notification, except for adjustments caused by subse-
quent unanticipated changes in the district's enrollment. The  board  of
cooperative  educational  services  shall  enter into contracts with its
component school districts for such requested services. A copy  of  each
executed contract for such purpose shall be [filed with the commissioner
by]  KEPT ON FILE WITH the board of cooperative educational services AND
MADE AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST on  or  prior  to  the
first  day  of  August  of  each year. Notwithstanding the provisions of
paragraph b of this subdivision, any  component  school  district  which
does  not elect to participate in any such specific cooperative services
authorized under this paragraph shall not be required to pay  any  share
of  the  moneys  provided in the budget as salaries of teachers or other
personnel employed in providing such service, for equipment and supplies
for such service or for transportation of pupils to and from  the  place
where  such  service  is  maintained. Provided, further, that a board of
cooperative educational services may allocate the cost of such  services
to  component  school  districts  in  accordance  with terms agreed upon
between such board and three-quarters of the  boards  of  education  and
trustees of local school districts participating in the service.
  S  10.  Paragraph kk of subdivision 4 of section 1950 of the education
law, as added by section 13 of part A of chapter  436  of  the  laws  of
1997, is amended to read as follows:
  kk.  For  the  nineteen hundred ninety-seven--ninety-eight school year
and thereafter, the board of cooperative  educational  services  (BOCES)
shall  prepare  a  BOCES  report  card,  pursuant  to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies  of  the
proposed  administrative  budget  made publicly available as required by
law, making it available for distribution at  the  annual  meeting,  and
otherwise  disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the board  of
cooperative  educational  services,  on a school by school or program by
program basis, and measures of the fiscal performance of the supervisory
district, as prescribed by the commissioner. Pursuant to regulations  of
the  commissioner,  the report card shall also compare these measures to
statewide averages for all boards of cooperative  educational  services.
Such  report  card  shall include[, at a minimum, any information of the

A. 7568--A                          6

board of cooperative educational services  regarding  pupil  performance
and  expenditure  per pupil required to be included in the annual report
by the regents to the governor and the legislature pursuant  to  section
two  hundred  fifteen-a  of  this  chapter; and] any [other] information
required by the commissioner.
  S 11. Subdivision 2 of section 2201 of the education law,  as  amended
by chapter 295 of the laws of 1993, is amended to read as follows:
  2.  Whenever  a  vacancy  hereafter  occurs  in the office of district
superintendent of schools in any supervisory district  or  whenever  the
commissioner  receives  a  letter  of resignation from a district super-
intendent, the commissioner [shall] MAY survey the field in  the  county
where the vacancy occurred, and if it shall find that the continuance of
the number of supervisory districts then existing is no longer necessary
to  serve  adequately  the educational interests of the county he or she
shall be authorized to conduct a study to examine the possible  reorgan-
ization of such supervisory district if no such study has been conducted
within five years.
  S  12. Subdivision 5 of section 2802 of the education law, as added by
chapter 181 of the laws of 2000, is amended to read as follows:
  5. By [January] APRIL first  of  each  year,  the  commissioner  shall
report  to  the governor, the legislature and the regents concerning the
prevalence of violence and disruptive incidents in the  public  schools,
and  the  effectiveness of school programs undertaken to reduce violence
and assure the safety and security of students and school personnel. The
report shall summarize  the  information  available  from  the  incident
reporting  system,  and  [identify  specifically  the schools and school
districts with the least and greatest incidence of violent  and  disrup-
tive  incidents,  and  the least and most improvement since the previous
year or years] COMPARE THE INCIDENCE OF VIOLENT AND DISRUPTIVE INCIDENTS
OF SCHOOLS AND SCHOOL DISTRICTS AND BOARDS WITH OTHER SCHOOLS AND SCHOOL
DISTRICTS AND BOARDS BASED ON SIMILARITY IN SIZE AND  GRADE  LEVELS  AND
OTHER  CHARACTERISTICS,  INCLUDING STUDENT NEED AND RESOURCES, AS DETER-
MINED BY THE COMMISSIONER.  The report shall also, to the extent  possi-
ble,  relate  the  results available from the incident reporting system,
together with such other analysis and information  as  the  commissioner
determines is appropriate, to the effectiveness of school violence meas-
ures undertaken by participating schools and school districts, including
the  school  codes  and school safety plans required by sections twenty-
eight hundred one and twenty-eight hundred one-a of this article.
  S 13. Paragraph f of subdivision 11 of section 3602 of  the  education
law,  as added by chapter 82 of the laws of 1995 and such subdivision as
renumbered by section 15 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
  f. Approved [plan of service and program evaluation] APPLICATION.  All
school districts and BOCES desiring to operate an aidable program pursu-
ant to this subdivision shall complete [a comprehensive plan of service]
AN application, including a budget by program component[, together  with
an  evaluation of the effectiveness of program components offered during
the most recent July first through March thirtieth, if any]. Such [eval-
uation and plan] APPLICATION shall  be  in  a  form  prescribed  by  the
commissioner  and  shall  be  submitted  not later than [forty-five days
after the provisions of this paragraph shall have become  law,  and  not
later than] May fifteenth [in] OF [subsequent] EACH school [years] YEAR.
Within  forty-five  days  of  such deadline, and upon evaluation of such
applications, the commissioner shall notify school districts  and  BOCES
of  those  portions  of  such [plan of service] APPLICATION that will be

A. 7568--A                          7

aidable in the school year  ahead  after  making  a  determination  that
approval  of  such [programs] APPLICATION will assure maximum effective-
ness, geographic availability and lack of duplication of such  programs,
support  for  educational  initiatives,  and  compliance  with  required
program and fiscal reporting  requirements.  No  aid  shall  be  payable
pursuant  to  this  subdivision  unless  the  [program]  APPLICATION  is
approved by the commissioner.
  S 14. Paragraph b of subdivision 8 of section 3602  of  the  education
law,  as  amended  by  section 16 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
  b. District plans of service. Any school district receiving  an  addi-
tional  apportionment  pursuant  to  subdivision ten of this section for
pupils in career education programs or a payment in lieu of such  appor-
tionment  or having a public excess cost aid setaside pursuant to subdi-
vision four of this section shall keep on file and  make  available  for
public  inspection  and review by the commissioner an acceptable plan of
service describing the student outcomes expected from implementation  of
the  proposed  plan,  provided that such plan may be incorporated into a
school district's district-wide comprehensive plan. The plan of  service
[submitted  by]  OF a school district receiving an additional apportion-
ment pursuant to this section for pupils with  disabilities  shall  also
describe  how  such  district  intends  to ensure that all instructional
materials to be used in the schools of such district will be made avail-
able in a usable alternative format for each student with  a  disability
and for each student who is a qualified individual with a disability, at
the same time as such instructional materials are available to non-disa-
bled  students, provided that such plan may incorporate by reference the
alternative format plans developed pursuant to subdivision twenty-nine-a
of section sixteen hundred four, subdivision four-a of section seventeen
hundred nine, subdivision seven-a of section twenty-five  hundred  three
or subdivision seven-a of section twenty-five hundred fifty-four of this
chapter.  Such  plans shall be in a form prescribed by the commissioner,
and except as heretofore provided, shall have the content prescribed  by
the  commissioner.  The  commissioner  may,  from  time to time, require
amendments of such plans as deemed to be necessary  and  appropriate  to
further the educational welfare of the pupils involved.
  S  15. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 16. Paragraph b of subdivision 1 of section 4452  of  the  education
law is REPEALED.
  S  17. This act shall take effect immediately; provided, however, that
the commissioner of education shall promulgate any rules or  regulations
necessary  to  implement the provisions of this act on or before July 1,
2011.

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Assembly Bill A7568

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Sponsored By

NOLAN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Sandy Galef

Addie Jenne

multi-Sponsors

Audrey Pheffer

2009-A7568 - Details

2009-A7568 - Summary

2009-A7568 - Bill Text download pdf

co-Sponsors

Sandy Galef

Addie Jenne

Donna Lupardo

RoAnn Destito

multi-Sponsors

Charles Lavine

Audrey Pheffer

2009-A7568A (ACTIVE) - Details

2009-A7568A (ACTIVE) - Summary

2009-A7568A (ACTIVE) - Sponsor Memo

2009-A7568A (ACTIVE) - Bill Text download pdf

Comments