S T A T E   O F   N E W   Y O R K
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                                  4395

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 third party  contract-
  ing  for  technology services as aidable shared services and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision  4  of  section  1950 of the education law is
amended by adding a new paragraph oo to read as follows:
  OO. TO CONTRACT WITH  THIRD  PARTY  VENDORS  FOR  APPROVED  TECHNOLOGY
ACTIVITIES  AND SERVICES AT THE REQUEST OF TWO OR MORE SCHOOL DISTRICTS,
IN CONJUNCTION WITH A CONTRACT FOR THE PURCHASE OF TECHNOLOGY  EQUIPMENT
PURSUANT TO PARAGRAPH JJ OF THIS SUBDIVISION OR ANY OTHER SHARED SERVICE
AUTHORIZED  UNDER  THIS  SUBDIVISION.  THE COMMISSIONER MAY APPROVE SUCH
TECHNOLOGY ACTIVITIES AND SERVICES AS AIDABLE SHARED SERVICES,  PROVIDED
THAT  THE  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES DEMONSTRATES THAT
SUCH  ACTIVITIES  AND  SERVICES  REQUIRED  CANNOT  BE  SUPPLIED  THROUGH
FULL-TIME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DUE
TO  INSUFFICIENT  QUALIFIED  STAFF OR LACK OF REQUIRED SPECIAL SKILLS OR
EXPERTISE.
  S 2. Subdivision 5 of section 1950 of the education law is amended  by
adding a new paragraph i to read as follows:
  I.  FOR  THE  PURPOSES OF COMPUTING THE APPORTIONMENT PURSUANT TO THIS
SUBDIVISION, THE  AIDABLE  COST  OF  SERVICES  FOR  APPROVED  TECHNOLOGY
SERVICES PROVIDED THROUGH CONTRACTUAL AGREEMENT BETWEEN A BOARD OF COOP-
ERATIVE  EDUCATIONAL SERVICES AND A THIRD PARTY VENDOR PURSUANT TO PARA-
GRAPH OO OF SUBDIVISION FOUR OF THIS SECTION, EXCLUSIVE OF ANY COSTS FOR
THE PURCHASE OF TECHNOLOGY EQUIPMENT OR SUPPLIES, SHALL EQUAL THE  PROD-
UCT  OF  SUCH  COSTS ALLOCATED TO EACH COMPONENT SCHOOL DISTRICT BY SUCH
BOARD OF COOPERATIVE EDUCATIONAL SERVICES MULTIPLIED BY THE QUOTIENT  OF
THE  TOTAL  AMOUNT  ALLOCATED  TO ALL COMPONENT SCHOOL DISTRICTS FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10477-01-1
              

S. 4395                             2

COST OF ALL OTHER AIDABLE SHARED SERVICES, EXCLUDING THAT  PART  OF  THE
SALARY  PAID  ANY  TEACHER, SUPERVISOR OR OTHER EMPLOYEE OF THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES WHICH IS IN EXCESS OF  THIRTY  THOUSAND
DOLLARS,  DIVIDED  BY THE TOTAL AMOUNT ALLOCATED TO ALL COMPONENT SCHOOL
DISTRICTS FOR THE COST  OF  ALL  SUCH  OTHER  AIDABLE  SHARED  SERVICES,
INCLUDING  THAT PART OF THE SALARY PAID ANY TEACHER, SUPERVISOR OR OTHER
EMPLOYEE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  WHICH  IS  IN
EXCESS OF THIRTY THOUSAND DOLLARS.
  S  3.  This  act  shall  take  effect  July 1, 2012, provided that the
provisions of this act shall expire and be deemed repealed July 1, 2014.