S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    919
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  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 chapter 296 of the laws of 2016, 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,  including
 approved expenses from the testing of potable water systems of  occupied
 school  buildings under the board's jurisdiction as required pursuant to
 section eleven hundred ten of the public health law,  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 TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02624-02-1

 S. 919                              2
 
 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-
 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.
   § 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

 S. 919                              3
 
 or greater than the level of such overall expenditures per pupil in  the
 preceding school year.
   §  3.  This  act  shall take effect immediately and shall apply to the
 calculation of BOCES aid and aid for career  education  payable  in  the
 2021-2022 school year and years thereafter.