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

                                 3885--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by M. of A. NOLAN, JAFFEE, LUPARDO, BRONSON -- 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 the salaries of
  certain teachers and aides employed by boards  of  cooperative  educa-
  tional services

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

  Section 1. Paragraph b of subdivision 5 of section 1950 of the  educa-
tion law, as amended by section 80-a of part A of chapter 58 of the laws
of 2011, is amended to read as follows:
  b.  The  cost of services herein referred to shall be the amount allo-
cated to each component school district  by  the  board  of  cooperative
educational  services to defray expenses of such board, except that 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 shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed  ten  percent
of the total expenses for purposes of this computation. PROVIDED, HOWEV-
ER,  BEGINNING  WITH  EXPENSES  INCURRED IN THE TWO THOUSAND SIXTEEN-TWO
THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, THAT PART OF  THE  SALARY
PAID  TO ANY TEACHER, SUPERVISOR OR OTHER EMPLOYEE OF A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES WHICH IS IN EXCESS OF THE LESSER OF THE ACTU-
AL SALARY OR THE AVERAGE STATEWIDE SALARY FOR SUCH TEACHING,  SUPERVISO-
RY, OR OTHER POSITION AS ESTABLISHED BY THE COMMISSIONER SHALL NOT BE AN
APPROVED  EXPENSE, AND FURTHER PROVIDED THAT ADMINISTRATIVE AND CLERICAL
EXPENSES SHALL NOT EXCEED TEN PERCENT OF THE TOTAL EXPENSES FOR PURPOSES
OF THIS COMPUTATION. Any gifts, donations  or  interest  earned  by  the
board  of  cooperative educational services or on behalf of the board of
cooperative educational services by the dormitory authority or any other
source shall not be deducted in determining the cost of  services  allo-
cated  to  each component school district. Any payments made to a compo-

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07766-03-6

A. 3885--A                          2

nent school district by the board of  cooperative  educational  services
pursuant to subdivision eleven of section six-p of the general municipal
law  attributable  to  an  approved cost of service computed pursuant to
this  subdivision  shall be deducted from the cost of services allocated
to such component  school  district.    The  expense  of  transportation
provided  by  the  board of cooperative educational services pursuant to
paragraph q of subdivision four of this section shall  be  eligible  for
aid  apportioned  pursuant  to  subdivision  seven of section thirty-six
hundred two of this chapter and  no  board  of  cooperative  educational
services  transportation  expense  shall be an approved cost of services
for the  computation  of  aid  under  this  subdivision.  Transportation
expense  pursuant  to  paragraph  q  of subdivision four of this section
shall be included in the computation of the ten  percent  limitation  on
administrative and clerical expenses.
  S  2.  Paragraph  b of subdivision 10 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57  of  the  laws  of
2007, is amended to read as follows:
  b.  Aid  for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year for  pupils
in  grades ten through twelve in attendance in career education programs
as such programs are  defined  by  the  commissioner,  subject  for  the
purposes  of this paragraph to the approval of the director of the budg-
et, an amount for each such pupil to  be  computed  by  multiplying  the
career  education aid ratio by [three thousand nine hundred dollars] THE
DISTRICT'S SELECTED FOUNDATION AID AS DETERMINED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION. Such aid  will  be  payable  for  weighted  pupils
attending  career education programs operated by the school district and
for weighted pupils for whom such school district contracts with  boards
of  cooperative educational services to attend career education programs
operated by a board of cooperative educational services. Weighted pupils
for the purposes of this paragraph shall mean the sum of the  attendance
of  students  in grades ten through twelve in career education sequences
in trade, industrial, technical, agricultural or  health  programs  plus
the  product  of  sixteen  hundredths  multiplied  by  the attendance of
students in grades ten through twelve in career education  sequences  in
business  and  marketing  as defined by the commissioner in regulations.
The career education aid ratio shall be computed by subtracting from one
the product obtained by multiplying fifty-nine percent by  the  combined
wealth  ratio. This aid ratio shall be expressed as a decimal carried to
three places without rounding, but not less than thirty-six percent.
  Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education  programs  in
the current year.
  A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion  reduced  in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal  to
or  greater than the level of such overall expenditures per pupil in the
preceding school year.
  S 3. This act shall take effect immediately and  shall  apply  to  the
calculation  of  BOCES  aid  and aid for career education payable in the
2017-2018 school year and years thereafter.