NY State Senate Bill 2011-S4663

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2012	reported and committed to finance
Jan 04, 2012	referred to education returned to senate died in assembly
Jun 16, 2011	referred to education delivered to assembly passed senate
Jun 07, 2011	advanced to third reading
Jun 06, 2011	2nd report cal.
Jun 02, 2011	1st report cal.930
Apr 29, 2011	print number 4663a
Apr 29, 2011	amend and recommit to education
Apr 14, 2011	referred to education

Votes

- Jun 16, 2011 - Floor Vote
  S4663
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jan 24, 2012 - Education Committee Vote
  S4663
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jan 24, 2012
      
      aye (18)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Farley
      
      Flanagan
      
      Huntley
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Oppenheimer
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Serrano
      
      Seward
      
      Stavisky
  Jun 2, 2011 - Education Committee Vote
  S4663
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jun 2, 2011
      
      aye (18)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Farley
      
      Flanagan
      
      Huntley
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Oppenheimer
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Serrano
      
      Seward
      
      Stavisky

Bill Amendments

Original

A (Active)

2011-S4663 - Details

See Assembly Version of this Bill:: A3124
Current Committee:: Senate Finance
Law Section:: Education Law
Laws Affected:: Add §1510-a, amd §§1604, 1709 & 1950, Ed L

2011-S4663 - Summary

Allows school districts and BOCES units to agree or contract to provide administrative services together that they can provide on their own.

2011-S4663 - Sponsor Memo

                                BILL NUMBER:S4663

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing school districts
and boards of cooperative
educational services to enter into agreements or contracts
with each other to perform the same functions and provide the same
services that each is authorized to perform or provide

PURPOSE OR GENERAL IDEA OF BILL:
To encourage improved economies of scale and cost efficiencies in how
administrative services are provided in school districts and BOCES
units around New York State.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would amend the Education Law by adding a new Section
1510-a expressly authorizing the sharing of school administrative
services.

Sections 2 & 3 would amend Section 1604 and 1709 of the Education Law
to provide language that would authorize school districts or boards
of cooperative educational services to agree or contract with and
between each other to provide the same administrative services that
each is authorized to perform or provide.

Lastly, Section 4 of the bill would amend the Education Law by adding
the word, "administration" to the list of aidable shared services.

JUSTIFICATION:
Costs associated with education in public schools continue to rise,
even as our state, local governments and school districts struggle to
maintain sound budgets in this economic downturn.

Rather than simply rely on "top-down approaches to meeting the
challenge of quality, affordable education, it is incumbent on the
state to offer greater flexibility and more tools that give
communities an array of choices. This bill would work in that
direction by allowing schools and BOCES units to proactively
centralize administrative duties and seek potential efficiencies to
the benefit of local property tax payers.

PRIOR LEGISLATIVE HISTORY:
2010: A.11285 Died in Assembly Education Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
School districts and BOCES units spend millions of dollars annually in
providing similar administrative services in close proximity to one
another - sometimes in the same communities. By allowing them to
consolidate administrative functions, participating entities could
reduce operational costs, and ultimately reduce the amount of money
needed from the taxpayers to support these functions.

This legislation serves as an example of a genuine effort to control
local spending through the consolidation of services. It is
anticipated that there will be substantial annual savings for


districts that opt into this model. Conservatively, school districts
could see immediate savings, with small rural schools in limited
taxing jurisdictions realizing upwards of 5% reductions in their
property tax levies on an annual basis.

EFFECTIVE DATE:
This act would take effect immediately.

2011-S4663 - Bill Text download pdf

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

                                  4663

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in  relation  to  authorizing  school
  districts and boards of cooperative educational services to enter into
  agreements  or contracts with each other to perform the same functions
  and provide the same services that each is authorized  to  perform  or
  provide

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

  Section 1. The education law is amended by adding a new section 1510-a
to read as follows:
  S 1510-A. SHARING OF  SCHOOL  ADMINISTRATIVE  SERVICES.    ANY  SCHOOL
DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN
AGREEMENT WITH ANY OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCA-
TIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE
THE  SAME  ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR
PROVIDE.
  S 2. Section 1604 of the education law is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  TO AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE  FUNCTIONS
AND  PROVIDE THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO
PERFORM OR PROVIDE.
  S 3. Section 1709 of the education law is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  TO AGREE OR CONTRACT WITH ANY SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE  FUNCTIONS
AND  PROVIDE THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO
PERFORM OR PROVIDE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05987-01-1

S. 4663                             2

  S 4. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the education law, as amended by chapter 474 of the  laws  of  1996,  is
amended to read as follows:
  (1)  Aidable shared services. At the request of [component] ANY school
[districts] DISTRICT, and with the approval of the commissioner, provide
any of the following services on a  cooperative  basis:  ADMINISTRATION,
school  nurse  teacher,  attendance  supervisor, supervisor of teachers,
dental hygienist, psychologist, teachers of art, music, physical  educa-
tion,  career  education  subjects,  guidance  [counsellors] COUNSELORS,
operation of special classes for students  with  disabilities,  as  such
term is defined in article eighty-nine of this chapter; pupil and finan-
cial  accounting  service  by means of mechanical equipment; maintenance
and operation of cafeteria or restaurant service for the use  of  pupils
and teachers while at school, and such other services as the commission-
er  may approve. Such cafeteria or restaurant service may be used by the
community for school related functions and  activities  and  to  furnish
meals  to  the  elderly residents of the district, sixty years of age or
older. Utilization by elderly residents or school related  groups  shall
be  subject  to the approval of the board of education. Charges shall be
sufficient to bear the direct cost of preparation and  serving  of  such
meals, exclusive of any other available reimbursements.
  S 5. This act shall take effect immediately.

co-Sponsors

2011-S4663A (ACTIVE) - Details

See Assembly Version of this Bill:: A3124
Current Committee:: Senate Finance
Law Section:: Education Law
Laws Affected:: Add §1510-a, amd §§1604, 1709 & 1950, Ed L

2011-S4663A (ACTIVE) - Summary

Allows school districts and BOCES units to agree or contract to provide administrative services together that they can provide on their own.

2011-S4663A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4663A

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing school districts
and boards of cooperative
educational services to enter into agreements or contracts
with each other to perform the same functions and provide the same
services that each is authorized to perform or provide

PURPOSE OR GENERAL IDEA OF BILL:
To encourage improved economies of scale and cost efficiencies in how
administrative services are provided in school districts and BOCES
units around New York State.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would amend the Education Law by adding a new Section
1510-a expressly authorizing the sharing of school administrative
services.

Sections 2 & 3 would amend Section 1604 and 1709 of the Education Law
to provide language that would authorize school districts or boards
of cooperative educational services to have the option to agree or
contract with and between each other to provide the same
administrative services that each is authorized to perform or provide.

Section 4 of the bill would amend the Education Law by adding
"administration" and "transportation" to the list of aidable shared
services.

JUSTIFICATION:
Costs associated with education in public schools continue to rise,
even as our state, local governments and school districts struggle to
maintain sound budgets in this economic downturn.

Rather than simply rely on "top-down approaches to meeting the
challenge of quality, affordable education, it is incumbent on the
state to offer greater flexibility and more tools that give
communities an array of choices. This bill would work in that
direction by allowing schools and BOCES units to proactively
centralize administrative duties and seek potential efficiencies to
the benefit of local property tax payers.

PRIOR LEGISLATIVE HISTORY:
2010: A.11285 died in Assembly Education Committee (similar)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
School districts and BOCES units spend millions of dollars annually in
providing similar administrative services in close proximity to one
another - sometimes in the same communities. By allowing them to
consolidate administrative functions, participating entities could
reduce operational costs, and ultimately reduce the amount of money
needed from the taxpayers to support these functions.

This legislation serves as an example of a genuine effort to
control-local spending through the consolidation of services. It is


anticipated that there will be substantial annual savings for
districts that opt into this model. Conservatively, school districts
could see immediate savings, with small rural schools in limited
taxing jurisdictions realizing upwards of 5% reductions in their
property tax levies on an annual basis.

EFFECTIVE DATE:
This act would take effect immediately.

2011-S4663A (ACTIVE) - Bill Text download pdf

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

                                 4663--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the education law, in relation to authorizing school
  districts and boards of cooperative educational services to enter into
  agreements or contracts with each other to perform the same  functions
  and  provide  the  same services that each is authorized to perform or
  provide

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

  Section 1. The education law is amended by adding a new section 1510-a
to read as follows:
  S  1510-A.  SHARING  OF  SCHOOL  ADMINISTRATIVE SERVICES.   ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ENTER INTO  AN
AGREEMENT  WITH ANY OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES TO PERFORM THE SAME ADMINISTRATIVE FUNCTIONS AND PROVIDE
THE SAME ADMINISTRATIVE SERVICES THAT EACH IS AUTHORIZED TO  PERFORM  OR
PROVIDE.
  S  2.  Section  1604  of  the education law is amended by adding a new
subdivision 43 to read as follows:
  43. SHALL HAVE THE  OPTION  TO  AGREE  OR  CONTRACT  WITH  ANY  SCHOOL
DISTRICT  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES TO PERFORM THE
SAME  ADMINISTRATIVE  FUNCTIONS  AND  PROVIDE  THE  SAME  ADMINISTRATIVE
SERVICES  THAT  EACH IS AUTHORIZED TO PERFORM OR PROVIDE.  TO THE EXTENT
THAT ANY SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD  BE  ENTI-
TLED  TO  STATE  AID  IF  SUCH  SERVICES WERE PROVIDED INDIVIDUALLY, THE
COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL
DISTRICTS IN AMOUNTS AGREED TO BETWEEN  THE  SCHOOL  DISTRICTS  AND  THE
COMMISSIONER;  PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL AID
WHICH WOULD  HAVE  BEEN  OTHERWISE  PAYABLE  HAD  EACH  SCHOOL  DISTRICT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05987-05-1

S. 4663--A                          2

PROVIDED  SUCH  SERVICE INDIVIDUALLY. WHERE THE COMMISSIONER DISTRIBUTES
AID IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL  FOR
WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH
SERVICES  NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN DETER-
MINATION WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND  WHETHER
SUCH  DECISION  SHALL HAVE A BINDING EFFECT ON OTHER SIMILAR SITUATIONS.
SUCH DECISIONS SHALL BE REVIEWABLE BY APPEAL TO THE  COMMISSIONER,  AND,
IF  SUCH  APPEAL  IS  NOT  RESOLVED  IN  A SATISFACTORY MANNER, SHALL BE
REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 3. Section 1709 of the education law is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  SHALL  HAVE  THE  OPTION  TO  AGREE  OR  CONTRACT WITH ANY SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  TO  PERFORM  THE
SAME  ADMINISTRATIVE  FUNCTIONS  AND  PROVIDE  THE  SAME  ADMINISTRATIVE
SERVICES THAT EACH IS AUTHORIZED TO PERFORM OR PROVIDE.   TO THE  EXTENT
THAT  ANY  SCHOOL DISTRICTS SHARE SERVICES FOR WHICH THEY WOULD BE ENTI-
TLED TO STATE AID IF  SUCH  SERVICES  WERE  PROVIDED  INDIVIDUALLY,  THE
COMMISSIONER MAY AUTHORIZE THE PAYMENT OF SUCH AID TO ONE OR MORE SCHOOL
DISTRICTS  IN  AMOUNTS  AGREED  TO  BETWEEN THE SCHOOL DISTRICTS AND THE
COMMISSIONER; PROVIDED THAT SUCH AMOUNTS SHALL NOT EXCEED THE TOTAL  AID
WHICH  WOULD  HAVE  BEEN  OTHERWISE  PAYABLE  HAD  EACH  SCHOOL DISTRICT
PROVIDED SUCH SERVICE INDIVIDUALLY. WHERE THE  COMMISSIONER  DISTRIBUTES
AID  IN THE MANNER DESCRIBED ABOVE, IN AN AMOUNT LESS THAN THE TOTAL FOR
WHICH THE DISTRICTS COMBINED WOULD HAVE OTHERWISE BEEN ENTITLED HAD SUCH
SERVICES NOT BEEN SHARED, THE COMMISSIONER SHALL ISSUE A WRITTEN  DETER-
MINATION  WHICH SHALL EXPLAIN THE RATIONALE FOR THE DECISION AND WHETHER
SUCH DECISION SHALL HAVE A BINDING EFFECT ON OTHER  SIMILAR  SITUATIONS.
SUCH  DECISIONS  SHALL BE REVIEWABLE BY APPEAL TO THE COMMISSIONER, AND,
IF SUCH APPEAL IS NOT  RESOLVED  IN  A  SATISFACTORY  MANNER,  SHALL  BE
REVIEWED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 4. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
the  education  law,  as  amended by chapter 474 of the laws of 1996, is
amended to read as follows:
  (1) Aidable shared services. At the request of [component] ANY  school
[districts] DISTRICT, and with the approval of the commissioner, provide
any  of  the  following services on a cooperative basis: ADMINISTRATION,
school nurse teacher, attendance  supervisor,  supervisor  of  teachers,
dental  hygienist, psychologist, teachers of art, music, physical educa-
tion, career education subjects, TRANSPORTATION, guidance  [counsellors]
COUNSELORS, operation of special classes for students with disabilities,
as  such  term  is defined in article eighty-nine of this chapter; pupil
and financial accounting service by means of mechanical equipment; main-
tenance and operation of cafeteria or restaurant service for the use  of
pupils  and  teachers  while  at  school, and such other services as the
commissioner may approve. Such cafeteria or restaurant  service  may  be
used by the community for school related functions and activities and to
furnish  meals  to the elderly residents of the district, sixty years of
age or older. Utilization by elderly residents or school related  groups
shall  be  subject  to  the  approval of the board of education. Charges
shall be sufficient to bear the direct cost of preparation  and  serving
of such meals, exclusive of any other available reimbursements.
  S 5. This act shall take effect immediately.

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Senate Bill S4663

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Jun 16, 2011 - Floor Vote

Floor Vote: Jun 16, 2011

Jan 24, 2012 - Education Committee Vote

Education Committee Vote: Jan 24, 2012

Jun 2, 2011 - Education Committee Vote

Education Committee Vote: Jun 2, 2011

Bill Amendments

2011-S4663 - Details

2011-S4663 - Summary

2011-S4663 - Sponsor Memo

2011-S4663 - Bill Text download pdf

co-Sponsors

2011-S4663A (ACTIVE) - Details

2011-S4663A (ACTIVE) - Summary

2011-S4663A (ACTIVE) - Sponsor Memo

2011-S4663A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4663

Share this bill

Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2011-S4663 - Details

2011-S4663 - Summary

2011-S4663 - Sponsor Memo

2011-S4663 - Bill Text download pdf

co-Sponsors

Hugh T. Farley

Suzi Oppenheimer

2011-S4663A (ACTIVE) - Details

2011-S4663A (ACTIVE) - Summary

2011-S4663A (ACTIVE) - Sponsor Memo

2011-S4663A (ACTIVE) - Bill Text download pdf

Comments