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

                                  7150

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

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 recognizing boards  of
  cooperative educational services as regional leaders and to expand the
  provision  of  services by boards of cooperative educational services,
  authorizing school library systems to serve charter school  libraries,
  expanding  the authority of boards of cooperative educational services
  to provide services to charter schools, authorizing boards of  cooper-
  ative  educational  services  to  enter  into  contracts  with library
  systems for high-speed telecommunications services, authorizing boards
  of cooperative educational services to enter into contracts with state
  agencies for the administration  of  certain  instructional  services,
  authorizing  the office of mental health to meet its educational obli-
  gations for certain children by contracting for such services with the
  board of cooperative educational services, providing school  districts
  with  flexibility  in  carrying out their claims auditing function and
  expanding the authority of boards of cooperative educational  services
  to process fingerprints

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

  Section 1. Legislative findings. The legislature  finds  and  declares
that  boards  of cooperative educational services serve a critical func-
tion as regional leaders essential in supporting the State's  commitment
to  implementing  the reforms in the State's Race to the Top Application
and in assisting the State in carrying out the State's educational poli-
cies, including but not limited to the reform agenda  of  the  board  of
regents.  The  role  of the board of cooperative educational services is
essential to the State's effective implementation of  a  common  set  of
K-12  standards that are built on college and career readiness; develop-
ing  and  implementing  common,  high-quality   assessments;   assisting
districts in fully implementing a statewide longitudinal data system and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-01-3
              

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improving  teacher  and  principal effectiveness using a rigorous State-
wide evaluation system and ensuring accountability.
  S  2. Section 282 of the education law, as added by chapter 348 of the
laws of 1984, is amended to read as follows:
  S 282. Establishment of school library systems.   The commissioner  is
authorized  to approve the establishment of school library systems, each
system to be composed of school districts which  are  located  within  a
board  of  cooperative  educational  services area, or a school district
serving a city with a population of one hundred twenty-five thousand  or
more, or combinations thereof. The systems may include non-public school
libraries as defined in regulations to be promulgated by the commission-
er  AND  CHARTER  SCHOOL  LIBRARIES.    Upon  establishment, such school
library systems shall be governed by either their respective  boards  of
cooperative  educational  services,  by  boards  of  education in school
districts serving cities with populations  of  one  hundred  twenty-five
thousand  or  more, or by a governing body established under the plan to
be submitted to the commissioner in cases of systems serving a  combina-
tion of areas.
  S 3. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 11 to read as follows:
  (11)  TO  ENTER INTO CONTRACTS WITH CHARTER SCHOOLS LOCATED WITHIN THE
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO  PROVIDE
SUCH  CHARTER  SCHOOLS,  AT COST, WITH ANY SERVICES THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES PROVIDES TO SCHOOL DISTRICTS. CONTRACTS  MUST
BE  EXECUTED  BY  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE
BOARD OF TRUSTEES OF SUCH CHARTER SCHOOLS AND SHALL ONLY AUTHORIZE CHAR-
TER SCHOOL STUDENTS TO PARTICIPATE IN AN INSTRUCTIONAL PROGRAM  IF  SUCH
SERVICES  ARE  AVAILABLE  TO  ALL  ELIGIBLE  STUDENTS  IN  THE COMPONENT
DISTRICTS. TO BE APPROVED BY THE COMMISSIONER, THE  CONTRACT,  INCLUDING
ANY BUSINESS PLAN, SHALL DEMONSTRATE THAT ANY SERVICES PROVIDED TO CHAR-
TER  SCHOOLS PURSUANT TO THIS SUBPARAGRAPH SHALL NOT RESULT IN ANY ADDI-
TIONAL COSTS BEING IMPOSED ON COMPONENT SCHOOL DISTRICTS  AND  THAT  ANY
PAYMENTS  RECEIVED  BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR
SERVICES PROVIDED IN THIS SUBPARAGRAPH THAT EXCEED ANY COST TO THE BOARD
OF COOPERATIVE EDUCATIONAL SERVICES FOR PROVIDING SUCH SERVICES SHALL BE
APPLIED TO REDUCE THE COSTS OF  AIDABLE  SHARED  SERVICES  ALLOCATED  TO
COMPONENT  SCHOOL  DISTRICTS PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION
AND SHALL ALSO BE APPLIED TO REDUCE THE APPROVED COST OF SERVICES PURSU-
ANT TO SUBDIVISION FIVE OF THIS SECTION. SERVICES PROVIDED BY A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT DISTRICTS AT THE  TIME  OF
APPROVAL  OF  A  CONTRACT  UNDER  THIS PARAGRAPH SHALL NOT BE REDUCED OR
ELIMINATED SOLELY DUE TO A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES'
PERFORMANCE OF SERVICES TO CHARTER SCHOOLS PURSUANT TO THIS PARAGRAPH.
  S 4. Subparagraph 2 of paragraph h of subdivision 4 of section 1950 of
the  education  law,  as  amended by chapter 422 of the laws of 2012, is
amended to read as follows:
  (2) To enter into contracts with the United  States  of  America,  the
State of New York, any school district, community college, public insti-
tution  of higher education, independent institution of higher education
eligible for aid under section sixty-four hundred one of  this  chapter,
public  libraries,  or  public  agency in relation to the program of the
board of cooperative  educational  services,  AND  PUBLIC  LIBRARIES  OR
PUBLIC  LIBRARY  SYSTEMS  TO PROVIDE TELECOMMUNICATIONS SERVICES TO SUCH
PUBLIC LIBRARIES OR SYSTEMS, INCLUDING, BUT NOT LIMITED  TO,  HIGH-SPEED
INTERNET  SERVICES,  and  any  such  school district, community college,
institution of higher education, PUBLIC LIBRARY, PUBLIC  LIBRARY  SYSTEM

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or  public  agency  is hereby authorized and empowered to do and perform
any and all acts necessary or convenient in relation to the  performance
of any such contracts.
  S 5. Subparagraph 9 of paragraph h of subdivision 4 of section 1950 of
the  education law, as added by section 1 of part M of chapter 56 of the
laws of 2012, is amended to read as follows:
  (9) To enter into contracts with the commissioner  of  the  office  of
mental  health,  to  provide  [special  education  and related services]
EDUCATIONAL SERVICES, in accordance with subdivision  six-b  of  section
thirty-two  hundred  two  of  this  chapter  to patients hospitalized in
hospitals operated by the office of mental health who  are  between  the
ages of five and twenty-one who have not received a high school diploma;
PROVIDED  HOWEVER  THAT  EDUCATIONAL SERVICES FOR SUCH STUDENTS SHALL BE
LIMITED TO THE PROVISION OF SPECIAL EDUCATION AND RELATED  SERVICES  FOR
STUDENTS  WITH  DISABILITIES  UNLESS  THE  COMMISSIONER OF THE OFFICE OF
MENTAL HEALTH DETERMINES THAT REASONABLE EFFORTS WERE MADE  TO  CONTRACT
WITH A SCHOOL DISTRICT FOR THE PROVISION OF REGULAR EDUCATIONAL SERVICES
PURSUANT  TO SUBDIVISION SIX-B OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER BUT AN AGREEMENT COULD NOT  BE  REACHED.    [Any  such  proposed
contract  shall be subject to the review by the commissioner and his and
her  determination  that  it  is  an  approved  cooperative  educational
service.  Services]
  (I)  PRIOR TO ENTERING ANY SUCH CONTRACT, AND ANNUALLY THEREAFTER, THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL SUBMIT  TO  THE  COMMIS-
SIONER,  THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND THE DIVI-
SION OF THE BUDGET A PROPOSED OPERATING PLAN AND PROPOSED  BUDGET  BASED
UPON  THE  REQUEST  FOR  SERVICES  RECEIVED FROM THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH.
  (II) THE EDUCATIONAL SERVICES THAT ARE  CONTAINED  IN  SUCH  OPERATING
PLAN  SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER UPON A DETER-
MINATION THAT SUCH SERVICES ARE NECESSARY  TO  SATISFY  THE  OBLIGATIONS
PURSUANT  TO  SECTION  33.11  OF  THE  MENTAL HYGIENE LAW OR SECTION ONE
HUNDRED TWELVE OF THIS TITLE.
  (III) THE PROPOSED BUDGET ACCOMPANYING AN OPERATING PLAN  APPROVED  BY
THE  COMMISSIONER  SHALL  CONFORM  TO  THE REQUIREMENT THAT ANY SERVICES
provided pursuant to [such contracts]  A  CONTRACT  AUTHORIZED  BY  THIS
SUBPARAGRAPH shall be provided at cost and [approved by the commissioner
of  the  office of mental health and the director of the division of the
budget, and] the board of cooperative educational services shall not  be
authorized  to  charge  any costs incurred in providing such services to
its component school districts.
  (IV) SERVICES PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
TO  COMPONENT DISTRICTS AT THE TIME OF APPROVAL OF A CONTRACT UNDER THIS
SUBPARAGRAPH SHALL NOT BE REDUCED OR ELIMINATED SOLELY DUE TO A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES' PERFORMANCE OF  SERVICES  PURSUANT  TO
THIS SUBPARAGRAPH.
  S 6. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 12 to read as follows:
  (12)  TO  ENTER  INTO  CONTRACTS WITH STATE AGENCIES THAT HAVE SCHOOLS
MAINTAINED FOR CHILDREN IN FACILITIES OPERATED  OR  SUPERVISED  BY  SUCH
AGENCIES  AND  ARE RESPONSIBLE FOR THE EDUCATION OF SUCH CHILDREN, OTHER
THAN THE STATE AGENCIES TO WHICH SUBPARAGRAPH  EIGHT  OR  NINE  OF  THIS
PARAGRAPH  APPLY,  TO  PROVIDE  SUCH  CHILDREN  WITH  ANY  INSTRUCTIONAL
SERVICES PROVIDED BY THE BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  TO
SCHOOL  DISTRICTS,  INCLUDING, BUT NOT LIMITED TO, SPECIAL EDUCATION AND
RELATED SERVICES. ANY SUCH PROPOSED CONTRACT SHALL  BE  SUBJECT  TO  THE

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REVIEW  AND  APPROVAL OF THE COMMISSIONER. SERVICES PROVIDED PURSUANT TO
SUCH CONTRACTS SHALL BE PROVIDED AT COST TO SUCH STATE AGENCIES AND  THE
BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES SHALL NOT BE AUTHORIZED TO
CHARGE  ANY  COSTS  INCURRED IN PROVIDING SUCH SERVICES TO ITS COMPONENT
SCHOOL DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH
STATE AGENCIES ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL  ACTS
NECESSARY   OR  CONVENIENT  IN  RELATION  TO  THE  PERFORMANCE  OF  SUCH
CONTRACTS.
  S 7. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 13 to read as follows:
  (13) TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR THE PURPOSE  OF
PROVIDING  TREASURER  AND  PURCHASING  AGENT  SERVICES  TO  SUCH  SCHOOL
DISTRICTS. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH  STATE
SCHOOLS  ARE HEREBY AUTHORIZED TO DO AND PERFORM ANY AND ALL ACTS NECES-
SARY OR CONVENIENT IN RELATION TO THE PROVISION OF SUCH SERVICES.
  S 8. Subdivision 4 of section 1950 of the education law is amended  by
adding a new paragraph oo to read as follows:
  OO.  TO PROCESS FINGERPRINTS TO BE UTILIZED IN CRIMINAL HISTORY RECORD
CHECKS FOR PROSPECTIVE EMPLOYEES OF NONPUBLIC ELEMENTARY  AND  SECONDARY
SCHOOLS  AND  CHARTER  SCHOOLS PURSUANT TO SUBDIVISION THIRTY OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER AND  TO  ENTER  CONTRACTS  WITH  SUCH
SCHOOLS  FOR  SUCH  PURPOSE,  AND  TO  PROCESS FINGERPRINTS FOR CRIMINAL
HISTORY RECORDS SEARCHES PURSUANT TO SECTION THREE THOUSAND  THIRTY-FIVE
OF  THIS CHAPTER FOR APPLICANTS FOR TEACHER CERTIFICATION AND FOR APPLI-
CANTS FOR A CHARTER AS A CHARTER SCHOOL PURSUANT TO SUBDIVISION FOUR  OF
SECTION  TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS CHAPTER. SUCH PROCESSING
SERVICES SHALL BE PROVIDED AT COST AND THE BOARD OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN
PROVIDING SUCH SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. THE BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES IS HEREBY AUTHORIZED TO DO AND PERFORM
ANY AND ALL ACTS NECESSARY OR CONVENIENT IN RELATION TO THE PROVISION OF
SUCH SERVICES.
  S 9. Subdivision 6-b of section 3202 of the education law, as added by
section 2 of part M of chapter 56 of the laws of  2012,  is  amended  to
read as follows:
  6-b. The commissioner of mental health may meet his or her obligations
under  section  33.11  of the mental hygiene law AND SECTION ONE HUNDRED
TWELVE OF THIS CHAPTER by contracting pursuant to this  subdivision  for
educational  services  for children between the ages of five and twenty-
one who do not hold a high school diploma and who  are  hospitalized  in
hospitals  operated  by the office of mental health with the trustees or
board of education of any school district for  educational  services  or
with  a  board  of cooperative educational services for the provision of
EDUCATIONAL SERVICES TO SUCH CHILDREN, INCLUDING  BUT  NOT  LIMITED  TO,
special education and related services to [such] children WITH DISABILI-
TIES in accordance with their individualized education programs.
  (1)  The  costs  of such education shall not be a charge upon a school
district pursuant to section 33.11 of the mental hygiene law.
  [(1) The education department shall reimburse the school  district  or
board of cooperative educational services providing educational services
pursuant  to this subdivision for the full cost of all services pursuant
to the terms of such contract.]
  (2) The commissioner of mental health, with the approval of the direc-
tor of the division of the budget,  shall  be  authorized  to  [transfer
funding  to  the  commissioner  of  education to the extent necessary to
reimburse  school  districts  and  boards  of  cooperative   educational

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services  for  services  and educational programming provided under such
contracts] ESTABLISH THE TERMS OF THE  CONTRACT,  INCLUDING  THE  AGREED
UPON  CHARGE FOR THE SERVICES TO BE PROVIDED, WHICH SHALL CONFORM TO THE
REQUIREMENTS CONTAINED WITHIN SUBPARAGRAPH NINE OF PARAGRAPH H OF SUBDI-
VISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER.
  (3)  Notwithstanding  any provision of law to the contrary, nothing in
this subdivision or subparagraph nine of paragraph h of subdivision four
of section nineteen hundred fifty of this chapter shall be construed  as
requiring participation by any local school district or board of cooper-
ative educational services.
  S  10.  This  act shall take effect July 1, 2013, provided however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2013, provided further that the amendments to subparagraph
9  of  paragraph h of subdivision 4 of section 1950 of the education law
made by section five of this act shall not affect  the  repeal  of  such
subparagraph  and shall be deemed repealed therewith, and the amendments
to subdivision 6-b of section 3202 of the education law made by  section
nine  of  this  act  shall not affect the repeal of such subdivision and
shall be deemed repealed therewith.