S T A T E O F N E W Y O R K
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5253
2013-2014 Regular Sessions
I N S E N A T E
May 15, 2013
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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 the New York state
center for independent and religious schools establishment 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 12-B
to read as follows:
ARTICLE 12-B
NEW YORK CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS OVERSIGHT BOARD
SECTION 571. SHORT TITLE.
572. LEGISLATIVE FINDINGS AND INTENT.
573. DEFINITIONS.
574. NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS
SCHOOLS.
575. NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS
OVERSIGHT BOARD ESTABLISHED.
576. AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR.
577. RULES AND REGULATIONS.
S 571. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS ESTAB-
LISHMENT ACT".
S 572. LEGISLATIVE FINDINGS AND INTENT. 1. THE STATE HAS RECOGNIZED
THE NEED FOR THE CONTINUED SUSTAINABILITY OF INDEPENDENT AND RELIGIOUS
SCHOOLS AS THESE SCHOOLS PLAY A VITAL ROLE IN THE EDUCATION OF CHILDREN
WITHIN THE MANY COMMUNITIES THROUGHOUT THE STATE.
2. IN RECOGNITION OF THE NEED TO SUPPORT ALL SCHOOLS, THE STATE
PROVIDES FUNDING TO SUPPORT AN ARRAY OF SERVICES INTENDED TO BENEFIT
STUDENTS IN ALL SCHOOLS INCLUDING BUT NOT LIMITED TO FUNDING FOR
INSTRUCTIONAL MATERIALS, SCHOOL HEALTH AND SAFETY MEASURES, ACADEMIC
INTERVENTION SERVICES AND TRANSPORTATION SERVICES. THE ADMINISTRATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10879-01-3
S. 5253 2
PROGRAMS AND SERVICES INTENDED TO BENEFIT THE STUDENTS IN INDEPENDENT
AND RELIGIOUS SCHOOLS FALLS MOST OFTEN TO THE PUBLIC SCHOOL DISTRICTS IN
WHICH SUCH INDEPENDENT OR RELIGIOUS SCHOOLS ARE LOCATED OR THE SCHOOL
DISTRICTS IN WHICH SUCH INDEPENDENT AND RELIGIOUS SCHOOL STUDENTS
RESIDE. THE STATE RECOGNIZES THE SUBSTANTIAL ADMINISTRATIVE BURDEN
PLACED ON PUBLIC SCHOOL DISTRICTS CHARGED WITH ADMINISTERING SERVICES
FOR STUDENTS OVER WHOM SUCH DISTRICTS HAVE LITTLE DIRECT RESPONSIBILITY.
THE STATE FURTHER RECOGNIZES THE INEFFICIENCIES THAT EXIST AND THE CHAL-
LENGES FACED BY INDEPENDENT AND RELIGIOUS SCHOOL ADMINISTRATORS WHO MUST
WORK WITH MULTIPLE SCHOOL DISTRICTS IN ORDER TO ARRANGE SERVICES AND
PROGRAMS INTENDED TO BENEFIT THEIR STUDENTS.
3. THE STATE RECOGNIZES THE NEED TO CREATE THE NEW YORK STATE CENTER
FOR INDEPENDENT AND RELIGIOUS SCHOOLS SO THAT THE STATE MAY ALLEVIATE
THE ADMINISTRATIVE BURDEN PLACED ON PUBLIC SCHOOL DISTRICTS; PROVIDE A
MORE EFFICIENT AND COST-EFFECTIVE MEANS OF ADMINISTERING PROGRAMS AND
SERVICES TO THE BENEFIT OF STUDENTS; AND AVOID EXCESSIVE ENTANGLEMENT OF
GOVERNMENT ENTITIES WITH RELIGIOUS AND INDEPENDENT INSTITUTIONS.
S 573. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "CENTER" SHALL MEAN THE NEW YORK STATE CENTER FOR INDEPENDENT AND
RELIGIOUS SCHOOLS, ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE;
2. "BOARD" SHALL MEAN THE NEW YORK STATE CENTER FOR INDEPENDENT AND
RELIGIOUS SCHOOLS OVERSIGHT BOARD, ESTABLISHED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE;
3. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF EDUCATION;
4. "DIRECTOR" SHALL MEAN THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE
CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS; AND
5. "INDEPENDENT AND RELIGIOUS SCHOOL" SHALL MEAN ANY NONPUBLIC ELEMEN-
TARY OR SECONDARY SCHOOL IN THE STATE WHICH (A) PROVIDES INSTRUCTION IN
ACCORDANCE WITH ARTICLE SEVENTEEN AND SECTION THIRTY-TWO HUNDRED FOUR OF
THIS CHAPTER, (B) HAS NOT BEEN FOUND TO BE IN VIOLATION OF TITLE VI OF
THE CIVIL RIGHTS ACT OF NINETEEN HUNDRED SIXTY-FOUR, 78 STAT. 252, 42
U.S.C. S 2000(D), AND (C) WHICH IS ENTITLED TO A TAX EXEMPTION UNDER
SECTION FIVE HUNDRED ONE (A) AND FIVE HUNDRED ONE (C)(3) OF THE FEDERAL
INTERNAL REVENUE CODE OF NINETEEN HUNDRED FIFTY-FOUR, AS AMENDED.
S 574. NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS.
THE NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS IS HERE-
BY ESTABLISHED TO DISBURSE SAFETY EQUIPMENT FUNDS MADE AVAILABLE FOR
SUCH PURPOSE; TO PROVIDE AND COORDINATE SERVICES AND PROGRAMS AS
PROVIDED FOR BY THIS CHAPTER, REGULATIONS OF THE COMMISSIONER, AND THAT
MAY BE IDENTIFIED BY THE BOARD TO THE BENEFIT OF INDEPENDENT AND RELI-
GIOUS SCHOOL STUDENTS AND PERSONNEL; AND TO DISSEMINATE INFORMATION AND
CARRY OUT OTHER ACTIVITIES FOR THE BENEFIT OF INDEPENDENT AND RELIGIOUS
SCHOOL STUDENTS AND PERSONNEL. THE COMMISSIONER SHALL, WITHIN THE FACIL-
ITIES OF THE STATE EDUCATION DEPARTMENT, PROVIDE OFFICE SPACE AS WELL AS
TECHNICAL AND RELATED ADMINISTRATIVE RESOURCES TO SUCH CENTER.
S 575. NEW YORK STATE CENTER FOR INDEPENDENT AND RELIGIOUS SCHOOLS
OVERSIGHT BOARD ESTABLISHED. 1. THE BOARD SHALL PROVIDE ADVICE AND
DIRECTION FOR THE WORK OF THE CENTER PURSUANT TO THIS ARTICLE AND SHALL
ENSURE THAT THE WORK OF THE CENTER IS TRANSPARENT TO THE PUBLIC AT
LARGE. THE BOARD SHALL: (A) ELECT A CHAIRPERSON AND DESIGNATE OFFICERS
AND COMMITTEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE BOARD
AND CENTER; (B) APPOINT AN EXECUTIVE DIRECTOR, BASED ON CRITERIA TO BE
DETERMINED BY THE BOARD, TO OVERSEE THE DAY-TO-DAY OPERATIONS OF THE
CENTER; (C) HAVE THE AUTHORITY TO ACCEPT AND RECEIVE ANY GRANTS, AWARDS,
APPROPRIATIONS OR OTHER FUNDS AS MAY BE MADE AVAILABLE TO THE CENTER;
S. 5253 3
AND (D) PROVIDE FINAL APPROVAL OR DISAPPROVAL OF THE AWARDING OF GRANTS
AND THE DISBURSEMENT OF ANY AND ALL FUNDS ADMINISTERED BY THE CENTER.
THE BOARD SHALL COMMENCE ITS WORK AND SHALL BE CONSIDERED FUNCTIONING
WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
2. THE OVERSIGHT BOARD SHALL COMPRISE: (A) THE MEMBERS OF THE COMMIS-
SIONER'S ADVISORY COUNCIL OF NONPUBLIC SCHOOLS AS MAY BE APPOINTED TO
SUCH COUNCIL BY THE COMMISSIONER; (B) AT LEAST ONE REPRESENTATIVE OF THE
COMMISSIONER; AND (C) AT LEAST ONE REPRESENTATIVE OF THE OFFICE OF THE
STATE COMPTROLLER. IN ADDITION, THE BOARD MAY INCLUDE UP TO THREE ADDI-
TIONAL MEMBERS OF WHOM ONE WOULD BE APPOINTED BY THE GOVERNOR, ONE
APPOINTED BY THE MAJORITY LEADER OF THE SENATE, AND ONE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY.
3. MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION BUT MAY BE REIM-
BURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
4. THE BOARD SHALL PROVIDE FOR AN ANNUAL AUDIT THAT SHALL BE COMPLETED
BY THE FIRST DAY OF SEPTEMBER OF THE YEAR FOLLOWING THE YEAR IN WHICH
THIS ARTICLE SHALL HAVE TAKEN EFFECT AND ANNUALLY THEREAFTER, OR ON
ANOTHER DATE SET BY THE BOARD. THE AUDIT SHALL INCLUDE, AT THE MINIMUM,
AN ACCOUNTING FOR BOTH THE RECEIPT AND EXPENDITURE OF ALL FUNDS ADMINIS-
TERED BY THE CENTER DURING THE PREVIOUS CALENDAR YEAR. THE AUDIT SHALL
ALSO INCLUDE A REPORT OF ALL THE CENTER'S ANNUAL ACCOUNTS AND THE STATUS
OF ANY AND ALL GRANTS THAT THE BOARD HAS APPROVED DURING THE PREVIOUS
CALENDAR YEAR. THE AUDIT SHALL BE MADE AVAILABLE TO THE PUBLIC AND BE
FILED WITH THE OFFICE OF THE STATE COMPTROLLER. THE OFFICE OF THE STATE
COMPTROLLER MAY REQUIRE ADDITIONAL FILING REQUIREMENTS TO BE COMPLETED
BY THE CENTER.
S 576. AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR. 1. THE EXECU-
TIVE DIRECTOR SHALL BE APPOINTED BY THE BOARD AND SHALL HAVE AUTHORITY
AND DUTY TO OVERSEE THE DAY-TO-DAY OPERATIONS OF THE CENTER. THE DIREC-
TOR SHALL ESTABLISH AND MAINTAIN DISTINCT ACCOUNTS, TO BE APPROVED BY
THE BOARD, TO ADMINISTER FUNDS APPORTIONED TO THE CENTER. SUCH ACCOUNTS
MUST, AT MINIMUM, SEPARATE PUBLIC FUNDS FROM FUNDS THE CENTER MAY
ACQUIRE THROUGH PRIVATE DONATIONS AND OTHER SOURCES. THE DIRECTOR, WITH
THE APPROVAL OF THE BOARD, IS EMPOWERED TO ENTER INTO ANY AGREEMENT OR
CONTRACT WITH ANY PRIVATE OR PUBLIC AGENCIES, CORPORATIONS, OR INDIVID-
UALS NECESSARY OR CONVENIENT TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE, INCLUDING THE HIRING OF ADMINISTRATIVE STAFF NECESSARY TO CARRY OUT
THE FUNCTIONS OF THE CENTER. THE DIRECTOR SHALL DRAFT FOR THE BOARD AN
ANNUAL AUDIT AND SHALL FULFILL ALL NECESSARY FILING REQUIREMENTS NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. THE DIRECTOR SHALL BE
RESPONSIBLE FOR TRANSMITTING TO THE BOARD ANY INFORMATION NECESSARY FOR
THE BOARD TO CARRY OUT ITS DUTIES AND ANY OTHER INFORMATION AS THE BOARD
MAY REQUEST.
2. THE DIRECTOR SHALL AWARD GRANTS AND/OR MAKE PAYMENTS BASED ON
CRITERIA PREPARED BY THE DIRECTOR AND APPROVED BY THE BOARD, TO ELIGIBLE
INDEPENDENT AND RELIGIOUS SCHOOLS OR SERVICE PROVIDERS. THE DIRECTOR
SHALL DETERMINE IN WHAT MANNER AND AT WHAT TIME SUCH GRANTS AND/OR
PAYMENTS SHALL BE DISBURSED.
3. COMPENSATION OF THE DIRECTOR ANY PAYMENT OF OTHER ADMINISTRATIVE
AND NECESSARY EXPENSES SHALL BE DETERMINED BY THE BOARD AND SHALL BE
ALLOCATED OUT OF FUNDS ADMINISTERED BY THE CENTER.
S 577. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE ANY
RULES OR REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE.
S 2. This act shall take effect immediately.