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

                                  5115

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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 requiring the board of
  education in the city of Buffalo to submit the school district  budget
  to the voters for approval prior to adoption

  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  2531
to read as follows:
  S 2531. ADOPTION OF THE SCHOOL DISTRICT BUDGET IN THE CITY OF BUFFALO.
1.  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, THE BOARD OF EDUCATION IN
THE CITY OF BUFFALO SHALL PROVIDE FOR THE SUBMISSION  OF  A  BUDGET  FOR
APPROVAL OF THE VOTERS PURSUANT TO THE PROVISIONS OF THIS SECTION.
  2.  THE BOARD OF EDUCATION SHALL CONDUCT ALL ANNUAL AND SPECIAL SCHOOL
DISTRICT MEETINGS FOR THE PURPOSE OF ADOPTING A SCHOOL  DISTRICT  BUDGET
IN  THE  SAME  MANNER AS A UNION FREE SCHOOL DISTRICT IN ACCORDANCE WITH
THE PROVISIONS OF ARTICLE FORTY-ONE OF THIS TITLE, EXCEPT  AS  OTHERWISE
PROVIDED BY THIS SECTION. THE ANNUAL MEETING AND ELECTION OF THE BUFFALO
SCHOOL  DISTRICT SHALL BE HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR,
PROVIDED, HOWEVER THAT SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON
THE SECOND TUESDAY  IN MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL
SCHOOL BOARD CERTIFIES NO LATER THAN  MARCH  FIRST  THAT  SUCH  ELECTION
WOULD  CONFLICT WITH RELIGIOUS OBSERVANCES, AND ANY SCHOOL BUDGET REVOTE
SHALL BE HELD ON THE DATE AND IN THE SAME MANNER SPECIFIED  IN  SUBDIVI-
SION  THREE  OF SECTION TWO THOUSAND SEVEN OF THIS TITLE. THE PROVISIONS
OF SECTION TWENTY-SIX HUNDRED THREE OF THIS TITLE, GOVERNING THE  QUALI-
FICATION  AND  REGISTRATION OF VOTERS, AND PROCEDURES FOR THE NOMINATION
AND ELECTION OF MEMBERS OF THE BOARD  OF  EDUCATION  SHALL  CONTINUE  TO
APPLY, AND SHALL GOVERN THE QUALIFICATION AND REGISTRATION OF VOTERS AND
VOTING  PROCEDURES  WITH  RESPECT  TO  THE ADOPTION OF A SCHOOL DISTRICT
BUDGET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09925-01-1
              

S. 5115                             2

  3. THE BOARD OF EDUCATION SHALL PREPARE  A  PROPOSED  SCHOOL  DISTRICT
BUDGET FOR THE ENSUING YEAR IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVENTEEN  HUNDRED  SIXTEEN  OF  THIS  CHAPTER, INCLUDING ALL PROVISIONS
RELATING TO REQUIRED NOTICES AND APPENDICES TO THE STATEMENT OF EXPENDI-
TURES.  NO  BOARD  OF  EDUCATION SHALL INCUR A SCHOOL DISTRICT LIABILITY
EXCEPT AS AUTHORIZED BY THE  PROVISIONS  OF  SECTION  SEVENTEEN  HUNDRED
EIGHTEEN  OF  THIS  CHAPTER.  SUCH PROPOSED BUDGET SHALL BE PRESENTED IN
THREE COMPONENTS: A PROGRAM COMPONENT, A CAPITAL COMPONENT AND AN ADMIN-
ISTRATIVE COMPONENT WHICH SHALL BE SEPARATELY DELINEATED  IN  ACCORDANCE
WITH  REGULATIONS  OF  THE  COMMISSIONER  AFTER  CONSULTATION WITH LOCAL
SCHOOL DISTRICT OFFICIALS.  THE ADMINISTRATIVE COMPONENT SHALL  INCLUDE,
BUT  NEED NOT BE LIMITED TO, OFFICE AND CENTRAL ADMINISTRATIVE EXPENSES,
TRAVELING EXPENSES AND ALL COMPENSATION, SALARIES AND  BENEFITS  OF  ALL
SCHOOL  ADMINISTRATORS  AND  SUPERVISORS, INCLUDING BUSINESS ADMINISTRA-
TORS, SUPERINTENDS OF SCHOOLS AND DEPUTY, ASSISTANT, ASSOCIATE OR  OTHER
SUPERINTENDENTS  UNDER  ALL  EXISTING EMPLOYMENT CONTRACTS OR COLLECTIVE
BARGAINING AGREEMENTS, ANY AND  ALL  EXPENDITURES  ASSOCIATED  WITH  THE
OPERATION OF THE BOARD OF EDUCATION, THE OFFICE OF THE SUPERINTENDENT OF
SCHOOLS,  GENERAL ADMINISTRATION, THE SCHOOL BUSINESS OFFICE, CONSULTING
COSTS NOT DIRECTLY RELATED TO  DIRECT  STUDENT  SERVICES  AND  PROGRAMS,
PLANNING  AND ALL OTHER ADMINISTRATIVE ACTIVITIES. THE PROGRAM COMPONENT
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL PROGRAM  EXPENDITURES  OF
THE SCHOOL DISTRICT, INCLUDING THE SALARIES AND BENEFITS OF TEACHERS AND
ANY  SCHOOL  ADMINISTRATORS OR SUPERVISORS WHO SPEND A MAJORITY OF THEIR
TIME  PERFORMING  TEACHING  DUTIES,  AND  ALL  TRANSPORTATION  OPERATING
EXPENSES.  THE  CAPITAL COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMITED
TO, ALL TRANSPORTATION CAPITAL, DEBT SERVICE,  AND  LEASE  EXPENDITURES;
COSTS  RESULTING  FROM  JUDGMENTS  IN  TAX CERTIORARI PROCEEDINGS OR THE
PAYMENT OF AWARDS FROM COURT JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED
OR COMPROMISED CLAIMS; AND ALL FACILITIES COSTS OF THE SCHOOL  DISTRICT,
INCLUDING  FACILITIES  LEASE  EXPENDITURES,  THE ANNUAL DEBT SERVICE AND
TOTAL DEBT FOR ALL FACILITIES FINANCED BY BONDS AND NOTES OF THE  SCHOOL
DISTRICT,  AND  THE  COSTS OF CONSTRUCTION, ACQUISITION, RECONSTRUCTION,
REHABILITATION OR IMPROVEMENT OF SCHOOL BUILDINGS,  PROVIDED  THAT  SUCH
BUDGET  SHALL  INCLUDE A RENTAL, OPERATIONS AND MAINTENANCE SECTION THAT
INCLUDES BASE RENT COSTS, TOTAL RENT COSTS,  OPERATION  AND  MAINTENANCE
CHARGES,  COST  PER  SQUARE  FOOT FOR EACH FACILITY LEASED BY THE SCHOOL
DISTRICT, AND ANY AND ALL EXPENDITURES ASSOCIATED WITH  CUSTODIAL  SALA-
RIES  AND  BENEFITS, SERVICE CONTRACTS, SUPPLIES, UTILITIES, AND MAINTE-
NANCE AND REPAIRS OF SCHOOL FACILITIES. EXCEPT AS PROVIDED  IN  SUBDIVI-
SION  FOUR  OF  THIS SECTION, NOTHING IN THIS SECTION SHALL PRECLUDE THE
BOARD, IN ITS DISCRETION, FROM SUBMITTING ADDITIONAL ITEMS  OF  EXPENDI-
TURE  TO  THE VOTERS FOR APPROVAL AS SEPARATE PROPOSITIONS OR THE VOTERS
FROM SUBMITTING PROPOSITIONS PURSUANT TO SECTIONS TWO THOUSAND EIGHT AND
TWO THOUSAND THIRTY-FIVE OF THIS CHAPTER.
  4. IN THE EVENT THE QUALIFIED VOTERS OF THE  BUFFALO  SCHOOL  DISTRICT
REJECT  THE  BUDGET  PROPOSED  PURSUANT  TO  SUBDIVISION  THREE  OF THIS
SECTION, THE BOARD MAY PROPOSE TO THE VOTERS A REVISED  BUDGET  PURSUANT
TO  SUBDIVISION THREE OF SECTION TWO THOUSAND SEVEN OF THIS TITLE OR MAY
ADOPT A CONTINGENCY BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION
AND  SUBDIVISION  FIVE OF SECTION TWO THOUSAND TWENTY-TWO OF THIS TITLE.
THE SCHOOL DISTRICT BUDGET FOR ANY SCHOOL YEAR,  OR  ANY  PART  OF  SUCH
BUDGET  OR  ANY PROPOSITIONS INVOLVING THE EXPENDITURE OF MONEY FOR SUCH
SCHOOL YEAR SHALL NOT BE SUBMITTED FOR A VOTE OF  THE  QUALIFIED  VOTERS
MORE  THAN TWICE. IN THE EVENT THE QUALIFIED VOTERS REJECT THE RESUBMIT-
TED BUDGET, THE BOARD SHALL ADOPT A  CONTINGENCY  BUDGET  IN  ACCORDANCE

S. 5115                             3

WITH  SUBDIVISION  FIVE  OF  THIS  SECTION  AND SUBDIVISION FIVE OF SUCH
SECTION TWO THOUSAND TWENTY-TWO.
  5. IF THE QUALIFIED VOTERS FAIL OR REFUSE TO VOTE THE SUM ESTIMATED TO
BE  NECESSARY  FOR  TEACHERS'  SALARIES  AND  OTHER  ORDINARY CONTINGENT
EXPENSES, THE BOARD SHALL ADOPT A CONTINGENCY BUDGET IN ACCORDANCE  WITH
THIS  SUBDIVISION  AND  SHALL  LEVY  A  TAX FOR THAT PORTION OF SUCH SUM
REMAINING AFTER APPLYING THERETO THE MONEYS RECEIVED OR TO  BE  RECEIVED
FROM STATE, FEDERAL OR OTHER SOURCES, IN THE SAME MANNER AS IF THE BUDG-
ET HAD BEEN APPROVED BY THE QUALIFIED VOTERS; SUBJECT TO THE LIMITATIONS
IMPOSED IN SUBDIVISION FOUR OF SECTION TWO THOUSAND TWENTY-THREE OF THIS
CHAPTER  AND THIS SUBDIVISION. SUCH CONTINGENCY BUDGET SHALL INCLUDE THE
SUM DETERMINED BY THE BOARD TO BE NECESSARY FOR:
  (A) TEACHERS' SALARIES, INCLUDING THE SALARIES OF ALL MEMBERS  OF  THE
TEACHING AND SUPERVISING STAFF;
  (B) ITEMS OF EXPENSE SPECIFICALLY AUTHORIZED BY STATUTE TO BE INCURRED
BY  THE  BOARD OF EDUCATION, INCLUDING, BUT NOT LIMITED TO, EXPENDITURES
FOR TRANSPORTATION TO AND FROM REGULAR SCHOOL PROGRAMS INCLUDED AS ORDI-
NARY CONTINGENT EXPENSES IN SUBDIVISION TWELVE  OF  SECTION  TWENTY-FIVE
HUNDRED  THREE  OF  THIS  CHAPTER,  EXPENDITURES FOR TEXTBOOKS, REQUIRED
SERVICES FOR NON-PUBLIC SCHOOL STUDENTS, SCHOOL HEALTH SERVICES, SPECIAL
EDUCATION SERVICES, KINDERGARTEN AND NURSERY SCHOOL  PROGRAMS,  AND  THE
DISTRICT'S  SHARE  OF  THE  ADMINISTRATIVE  COSTS  AND COSTS OF SERVICES
PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
  (C) ITEMS OF EXPENSE FOR LEGAL OBLIGATIONS OF THE DISTRICT, INCLUDING,
BUT NOT LIMITED TO, CONTRACTUAL OBLIGATIONS, DEBT SERVICE, COURT  ORDERS
OR JUDGMENTS, ORDERS OF ADMINISTRATIVE BODIES OR OFFICERS, AND STANDARDS
AND  REQUIREMENTS OF THE BOARD OF REGENTS AND THE COMMISSIONER THAT HAVE
THE FORCE AND EFFECT OF LAW;
  (D) THE PURCHASE OF LIBRARY BOOKS AND  OTHER  INSTRUCTIONAL  MATERIALS
ASSOCIATED WITH A LIBRARY;
  (E) ITEMS OF EXPENSE NECESSARY TO MAINTAIN THE EDUCATIONAL PROGRAMS OF
THE  DISTRICT,  PRESERVE  THE  PROPERTY  OF  THE DISTRICT OR PROTECT THE
HEALTH AND SAFETY OF STUDENTS AND STAFF, INCLUDING, BUT NOT LIMITED  TO,
SUPPORT  SERVICES,  PUPIL PERSONNEL SERVICES, THE NECESSARY SALARIES FOR
THE  NECESSARY  NUMBER  OF  NON-TEACHING  EMPLOYEES,   NECESSARY   LEGAL
EXPENSES,  WATER  AND UTILITY CHARGES, INSTRUCTIONAL SUPPLIES FOR TEACH-
ERS' USE, EMERGENCY REPAIRS, TEMPORARY  RENTAL  OF  ESSENTIAL  CLASSROOM
FACILITIES,  AND EXPENDITURES NECESSARY TO ADVISE SCHOOL DISTRICT VOTERS
CONCERNING SCHOOL MATTERS; AND
  (F) EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD TRIPS AND OTHER
EXTRACURRICULAR ACTIVITIES; AND
  (G) ANY OTHER ITEM OF EXPENSE DETERMINED BY THE COMMISSIONER TO BE  AN
ORDINARY CONTINGENT EXPENSE IN ANY SCHOOL DISTRICT.
  6.  THE  COMMISSIONER  SHALL DETERMINE APPEALS RAISING QUESTIONS AS TO
WHAT ITEMS OF EXPENDITURE ARE ORDINARY CONTINGENT EXPENSES  PURSUANT  TO
SUBDIVISION  FIVE  OF  THIS  SECTION  IN  ACCORDANCE WITH SECTIONS THREE
HUNDRED TEN AND TWO THOUSAND TWENTY-FOUR OF THIS CHAPTER.
  S 2. This act shall take effect immediately.