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

                                  7196

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to requiring the appoint-
  ment of a school business official for each school district

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

  Section 1. Section 1604 of the education law is amended  by  adding  a
new subdivision 43 to read as follows:
  43. THE TRUSTEES OF A COMMON SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A
BUSINESS  OFFICIAL  HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY
THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY,  AS  APPROPRIATE.
WITHIN  THE  POLICY  GUIDELINES  OF THE BOARD OF EDUCATION OF THE SCHOOL
DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
CIAL SHALL FULFILL ALL BUSINESS AND  FINANCIAL  DUTIES  AND  MANAGE  ALL
BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
  S  2.  The  education law is amended by adding a new section 1711-a to
read as follows:
  S 1711-A. BUSINESS OFFICIAL; UNION FREE SCHOOL DISTRICT. THE BOARD  OF
EDUCATION  OF  ANY  UNION FREE SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A
BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS  REQUIRED  BY
THE  DEPARTMENT,  OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE.
WITHIN THE POLICY GUIDELINES OF THE BOARD OF  EDUCATION  OF  THE  SCHOOL
DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
CIAL  SHALL  FULFILL  ALL  BUSINESS  AND FINANCIAL DUTIES AND MANAGE ALL
BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
  S 3. Section 1804 of the education law is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13. THE BOARD OF EDUCATION OF ANY CENTRAL SCHOOL DISTRICT SHALL EMPLOY
AND  ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS
REQUIRED BY THE DEPARTMENT, OR THE OPERATIVE CIVIL  SERVICE  AGENCY,  AS
APPROPRIATE.  WITHIN  THE POLICY GUIDELINES OF THE BOARD OF EDUCATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10639-01-3
              

A. 7196                             2

THE SCHOOL DISTRICT AND IN COOPERATION  WITH  THE  SUPERINTENDENT,  EACH
BUSINESS  OFFICIAL  SHALL  FULFILL ALL BUSINESS AND FINANCIAL DUTIES AND
MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
  S  4.  Section  1903  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. THE BOARD OF EDUCATION OF A  CENTRAL  HIGH  SCHOOL  DISTRICT  SHALL
EMPLOY  AND  ASSIGN  A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIF-
ICATION AS REQUIRED BY THE DEPARTMENT, OR THE  OPERATIVE  CIVIL  SERVICE
AGENCY,  AS  APPROPRIATE.  WITHIN  THE POLICY GUIDELINES OF THE BOARD OF
EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTEN-
DENT, EACH BUSINESS OFFICIAL SHALL FULFILL ALL  BUSINESS  AND  FINANCIAL
DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
  S 5. Subdivision 5 of section 2503 of the education law, as amended by
section  9  of subpart F of part C of chapter 97 of the laws of 2011, is
amended to read as follows:
  5. Shall create, abolish, maintain  and  consolidate  such  positions,
divisions,  boards  or bureaus as, in its judgment, may be necessary for
the proper and efficient administration of its work; shall appoint prop-
erly qualified persons to fill such positions, including  a  superinten-
dent  of  schools,  such associate, assistant and other superintendents,
directors,  supervisors,  principals,   teachers,   lecturers,   special
instructors,  medical inspectors, nurses, claims auditors, deputy claims
auditors, attendance officers, secretaries, clerks, custodians, janitors
and other employees and other persons or experts in educational,  social
or  recreational  work or in the business management or direction of its
affairs as said  board  shall  determine  necessary  for  the  efficient
management  of  the  schools and other educational, social, recreational
and business activities; and shall  determine  their  duties  except  as
otherwise provided herein.  THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS
OFFICIAL  HOLDING  THE  APPROPRIATE  CERTIFICATION  AS  REQUIRED  BY THE
DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITH-
IN THE POLICY GUIDELINES  OF  THE  BOARD  OF  EDUCATION  OF  THE  SCHOOL
DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
CIAL  SHALL  FULFILL  ALL  BUSINESS  AND FINANCIAL DUTIES AND MANAGE ALL
BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
  S 6. Subdivision 2 of section 2554 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
  2. To create, abolish, maintain and consolidate such positions,  divi-
sions,  boards  or bureaus as, in its judgment, may be necessary for the
proper and efficient administration of its work;  to  appoint  a  super-
intendent  of  schools,  such  associate,  assistant, district and other
superintendents, examiners, directors, supervisors,  principals,  teach-
ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other employees and other persons or experts in educational,  social  or
recreational  work  or  in  the  business management or direction of its
affairs as said  board  shall  determine  necessary  for  the  efficient
management  of  the  schools and other educational, social, recreational
and business activities; provided, however,  that  in  the  city  school
districts  of the cities of Buffalo, Rochester, and Syracuse appointment
of associate, assistant and district superintendents, and  other  super-
vising  staff  who  are  excluded from the right to bargain collectively
pursuant to article fourteen of the civil service law shall, within  the
amounts  budgeted  for  such positions, be by the superintendent of such
city school district; and to determine their duties except as  otherwise
provided  herein.  THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL

A. 7196                             3

HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT,  OR
THE  OPERATIVE  CIVIL  SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY
GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOP-
ERATION  WITH  THE  SUPERINTENDENT, EACH BUSINESS OFFICIAL SHALL FULFILL
ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL  BUSINESS  AFFAIRS  FOR
THE SCHOOL DISTRICT.
  S  7.  Subdivision 1 of section 1981 of the education law, as added by
chapter 785 of the laws of 1992, is amended to read as follows:
  1. Notwithstanding any other provision of law, school  authorities  of
any  school  district may arrange to share the services of a superinten-
dent, associate superintendent, assistant superintendent, BUSINESS OFFI-
CIAL OR LIKE EMPLOYEE WHO FULFILLS ALL BUSINESS AND FINANCIAL DUTIES FOR
THE SCHOOL DISTRICT AND MANAGES ALL  BUSINESS  AFFAIRS  FOR  THE  SCHOOL
DISTRICT,  or  any  other  employee  with districtwide administrative or
supervisory responsibilities with one or more other school districts.
  S 8. This act shall take effect one year after it shall have become  a
law.

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

                                 7196--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by M. of A. PAULIN -- Multi-Sponsored by -- M. of A. COOK --
  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  establishing  the
  school district financial accountability act

  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 article 78  to
read as follows:
                                ARTICLE 78
                SCHOOL DISTRICT FISCAL ACCOUNTABILITY ACT
SECTION 3817. SHORT TITLE.
        3818. LEGISLATIVE FINDINGS AND INTENT.
        3819. DEFINITIONS.
        3820. LONG RANGE FINANCIAL PLAN.
        3821. PUBLIC ACCESS TO FINANCIAL INFORMATION.
  S  3817.  SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"SCHOOL DISTRICT FISCAL ACCOUNTABILITY ACT."
  S 3818. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS,
DETERMINES AND DECLARES THAT:
  1. SCHOOL DISTRICT FINANCES ARE COMPLEX AND MULTI-FACETED AND  REQUIRE
A  HIGH  LEVEL OF EXPERTISE IN FISCAL MANAGEMENT TO ENSURE THAT TAXPAYER
FUNDS ARE PROPERLY MANAGED AND ALLOCATED.
  2. APPROPRIATELY MANAGED SCHOOL FINANCES ARE CRITICAL TO ENSURING THAT
SCHOOL DISTRICTS HAVE THE RESOURCES NECESSARY TO PROVIDE A  SOUND  BASIC
EDUCATION THAT PREPARES STUDENTS TO BE CAREER AND COLLEGE READY.
  3.  SCHOOL  DISTRICT  FINANCES SHOULD BE TRANSPARENT AND ACCESSIBLE TO
THE PUBLIC SO THEY MAY HAVE A CLEAR PICTURE OF THE FISCAL  CONDITION  OF
THE SCHOOL DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10639-04-4
              

A. 7196--A                          2

  S 3819. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
  1.  "SCHOOL  DISTRICT"  SHALL  MEAN  ANY  SCHOOL DISTRICT ORGANIZATION
DEFINED IN TITLE TWO OF THIS CHAPTER.
  2. "CHIEF FINANCIAL OFFICER" SHALL MEAN ANY SCHOOL  DISTRICT  EMPLOYEE
WITH THE TITLE OF ASSISTANT SUPERINTENDENT FOR BUSINESS, SCHOOL BUSINESS
ADMINISTRATOR,  SCHOOL  BUSINESS OFFICIAL, OR SIMILAR TITLE THAT REPORTS
DIRECTLY TO THE SUPERINTENDENT, AND HOLDS THE APPROPRIATE  CERTIFICATION
AS  REQUIRED BY THE DEPARTMENT OR THE OPERATIVE CIVIL SERVICE AGENCY, AS
APPROPRIATE.
  3. "LONG RANGE FINANCIAL PLAN" SHALL MEAN A PLAN THAT INCLUDES PROJEC-
TIONS FOR THE SUBSEQUENT FIVE YEARS OF THE SCHOOL DISTRICT THAT  COVERS:
(A)  REVENUES,  (B)  EXPENDITURES,  (C)  UNASSIGNED  FUND  BALANCE,  (D)
RESTRICTED FUND BALANCE, (E) CAPITAL PROJECT  PLANNING  OR  IMPLEMENTING
AND  FINANCING THE DISTRICT'S FIVE-YEAR FACILITY PLAN, AND (F) RESOURCES
REQUIRED TO IMPLEMENT AN INSTRUCTIONAL PROGRAM NECESSARY TO ENSURE  THAT
ALL STUDENTS GRADUATE COLLEGE AND CAREER READY.
  S  3820.  LONG  RANGE  FINANCIAL PLAN. EVERY YEAR, COMMENCING WITH THE
PROPOSED BUDGET FOR  THE  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN
SCHOOL  YEAR,  THE CHIEF FINANCIAL OFFICER OF EACH SCHOOL DISTRICT SHALL
PREPARE FOR APPROVAL BY THE TRUSTEES OR BOARD OF  TRUSTEES  A  FIVE-YEAR
LONG-RANGE FINANCIAL PLAN.
  S  3821.  PUBLIC  ACCESS TO FINANCIAL INFORMATION. NOTWITHSTANDING ANY
OTHER LAW TO THE CONTRARY, A SCHOOL DISTRICT MUST POST ON  ITS  WEBSITE,
THE  DISTRICT'S  LONG  RANGE  FINANCIAL  PLAN,  ANNUAL AUDITED FINANCIAL
STATEMENT, INCLUDING ANY CORRECTIVE  ACTION  PLAN,  AND  ADOPTED  ANNUAL
BUDGET.
  S  2. This act shall take effect one year after it shall have become a
law.