S T A T E O F N E W Y O R K
________________________________________________________________________
9396
I N S E N A T E
May 24, 2022
___________
Introduced by Sen. RATH -- 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 establishing the
"build back BOCES act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "build back
BOCES act".
§ 2. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by chapter 130 of the laws of 2022, 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 provided that such
expenses for testing of potable water systems are not reimbursable from
another state or federal source, except that that part of the salary
paid any teacher, supervisor or other employee of the board of cooper-
ative educational services which is in excess of [thirty] EITHER THE
AVERAGE TEACHER SALARY IN THE RESPECTIVE SCHOOL DISTRICT, OR FORTY-FIVE
thousand dollars, WHICHEVER IS LOWER, 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 compu-
tation. Any gifts, donations or interest earned by the board of cooper-
ative 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 allocated to
each component school district. Any payments made to a component school
district by the board of cooperative educational services pursuant to
subdivision eleven of section six-p of the general municipal law attrib-
utable to an approved cost of service computed pursuant to this subdivi-
sion shall be deducted from the cost of services allocated to such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15951-01-2
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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.
§ 3. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by section two of this act, 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 provided that such
expenses for testing of potable water systems are not reimbursable from
another state or federal source, except that that part of the salary
paid any teacher, supervisor or other employee of the board of cooper-
ative educational services which is in excess of either the average
teacher salary in the respective school district, or [forty-five] SIXTY
thousand dollars, whichever is lower, 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 compu-
tation. Any gifts, donations or interest earned by the board of cooper-
ative 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 allocated to
each component school district. Any payments made to a component school
district by the board of cooperative educational services pursuant to
subdivision eleven of section six-p of the general municipal law attrib-
utable to an approved cost of service computed pursuant to this subdivi-
sion 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.
§ 4. The education law is amended by adding three new sections 1953,
1954 and 1959 to read as follows:
§ 1953. ANNUAL CAREER AND TECHNICAL EDUCATION REPORT. 1. THE DEPART-
MENT, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, SHALL
TRACK THE NUMBER OF STUDENTS WHO HAVE PARTICIPATED IN A BOCES OR CTE
CURRICULUM EACH YEAR AND THE EMPLOYMENT OBTAINED BY SUCH STUDENTS AFTER
GRADUATING FROM HIGH SCHOOL, OR AFTER ATTAINING A HIGH SCHOOL EQUIVALENT
DEGREE.
2. BEGINNING ON THE FIRST OF JULY NEXT OCCURRING AFTER THE FIRST FULL
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER,
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND
FINANCE, SHALL CREATE A REPORT ON THE NUMBER OF STUDENTS FORMERLY
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ENROLLED IN A BOCES OR CTE CURRICULUM WHO OBTAINED PART-TIME OR FULL-
TIME EMPLOYMENT IN A QUALIFYING FIELD WITHIN ONE YEAR OF HIGH SCHOOL
GRADUATION OR ATTAINMENT OF A HIGH SCHOOL EQUIVALENT DEGREE. FORMER
STUDENTS WHO OBTAIN PART-TIME EMPLOYMENT IN A QUALIFYING FIELD WHILE
ATTENDING A TWO-YEAR OR FOUR-YEAR POST-SECONDARY EDUCATION PROGRAM SHALL
NOT BE INCLUDED IN SUCH REPORTED NUMBERS. SUCH REPORT SHALL BE SUBMITTED
TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,
AND THE CHAIRS AND RANKING MEMBERS ON THE SENATE AND ASSEMBLY STANDING
COMMITTEES ON EDUCATION. SUCH REPORT SHALL ALSO BE MADE PUBLICLY AVAIL-
ABLE ON THE DEPARTMENT'S WEBSITE.
§ 1954. BOCES ENHANCED PIPELINE PILOT PROGRAM. 1. BEGINNING IN THE TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, THE COMMIS-
SIONER SHALL ESTABLISH A "BOCES ENHANCED PIPELINE PILOT PROGRAM" UNDER
WHICH THE NEW YORK STATE PUBLIC SCHOOLS WITH THE TOP TWENTY HIGHEST
NUMBER OF FORMER STUDENTS WHO WERE ENROLLED IN BOCES OR CTE CURRICULA
AND WHO OBTAINED PART-TIME OR FULL-TIME EMPLOYMENT IN A QUALIFYING FIELD
WITHIN ONE YEAR OF HIGH SCHOOL GRADUATION OR ATTAINMENT OF A HIGH SCHOOL
EQUIVALENT DEGREE, AS DETERMINED IN THE REPORT SUBMITTED PURSUANT TO
SECTION NINETEEN HUNDRED FIFTY-THREE OF THIS ARTICLE, SHALL RECEIVE AN
INCREASE IN WEIGHTED FUNDING PER EACH SUCH FORMER STUDENT. FORMER
STUDENTS WHO OBTAIN PART-TIME EMPLOYMENT IN A QUALIFYING FIELD WHILE
ATTENDING A TWO-YEAR OR FOUR-YEAR POST-SECONDARY EDUCATION PROGRAM SHALL
NOT BE INCLUDED IN THE CALCULATION OF SUCH TOP TWENTY SCHOOLS, OR IN THE
WEIGHTED INCREASE IN FUNDING PURSUANT TO THIS SUBDIVISION.
2. THE INCREASE IN WEIGHTED FUNDING UNDER SUBDIVISION ONE OF THIS
SECTION SHALL BE SUBJECT TO THE DISCRETION OF THE COMMISSIONER, PROVIDED
HOWEVER THAT THE MINIMUM INCREASE IN SUCH FUNDING SHALL BE NO LESS THAN
A FIFTEEN PERCENT INCREASE OVER THE PREVIOUS SCHOOL YEAR'S WEIGHTED
FUNDING PER STUDENT. SUCH FUNDING INCREASE SHALL BE PROVIDED FOR ONLY
THE IMMEDIATELY FOLLOWING SCHOOL YEAR. AT THE CONCLUSION OF SUCH SCHOOL
YEAR, EACH SCHOOL'S FUNDING SHALL RETURN TO THE BASE WEIGHTED FUNDING
PER STUDENT, UNLESS SUCH SCHOOL HAS BEEN AWARDED A SUBSEQUENT FUNDING
INCREASE UNDER SUBDIVISION ONE OF THIS SECTION FOR THE FOLLOWING SCHOOL
YEAR. FUNDING FOR THE AWARDS PURSUANT TO THIS SECTION SHALL BE APPROPRI-
ATED ANNUALLY IN THE NEW YORK STATE BUDGET SUBJECT TO THE DISCRETION OF
THE DIRECTOR OF THE DIVISION OF THE BUDGET.
3. UPON THE CONCLUSION OF THE TWO THOUSAND THIRTY-FIVE--TWO THOUSAND
THIRTY-SIX SCHOOL YEAR, THE DEPARTMENT SHALL CONDUCT AN AUDIT OF THE
BOCES ENHANCED PIPELINE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION. THE DEPARTMENT SHALL CREATE A REPORT OF ITS
FINDINGS PURSUANT TO SUCH AUDIT, AND SHALL SUBMIT SUCH REPORT NO LATER
THAN ONE YEAR AFTER THE BEGINNING OF SUCH AUDIT TO THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE CHAIRS AND
RANKING MEMBERS OF THE SENATE AND ASSEMBLY STANDING COMMITTEES ON EDUCA-
TION.
4. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND/OR
REGULATIONS HE OR SHE SHALL DEEM NECESSARY FOR THE IMPLEMENTATION OF THE
PROVISIONS OF THIS SECTION.
§ 1959. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "BOCES" MEANS A BOARD OF COOPERATIVE EDUCATIONAL SERVICES ESTAB-
LISHED PURSUANT TO SECTION NINETEEN HUNDRED FIFTY OF THIS ARTICLE.
2. "CAREER AND TECHNICAL EDUCATION" OR "CTE" MEANS A CURRICULUM
DESIGNED TO PROVIDE STUDENTS WITH CERTAIN SKILLS THAT WILL ENABLE THEM
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TO PURSUE A CAREER IN CERTAIN DISCIPLINES, INCLUDING BUT NOT LIMITED TO,
AGRICULTURAL EDUCATION, BUSINESS AND MARKETING, FAMILY AND CONSUMER
SCIENCES, HEALTH OCCUPATIONS, TECHNOLOGY AND TRADE, OR TECHNICAL AND
INDUSTRIAL EDUCATION.
3. "QUALIFYING FIELD" MEANS A FIELD OF EMPLOYMENT IN WHICH BOCES OR
CTE PROGRAMS ARE INTENDED TO PREPARE STUDENTS FOR EMPLOYMENT, INCLUDING
BUT NOT LIMITED TO: WELDING; AUTOMOTIVE DESIGN AND REPAIR; NEW VISIONS
HEALTH PROFESSIONS; PRODUCT DESIGN; CULINARY ARTS; DIGITAL MEDIA; EXER-
CISE MEDICINE AND SCIENCE; ADVANCED MANUFACTURING; BUILDING AND
CONSTRUCTION TRADES; NURSE ASSISTING; HEAVY EQUIPMENT OPERATING AND
REPAIR; BUSINESS ADMINISTRATION; PHYSICAL THERAPY PROFESSIONS; LAB TECH-
NICIAN; CHILD AND FAMILY SERVICES; HEALTH OCCUPATIONS; ENVIRONMENTAL
CONSERVATION; CRIMINAL JUSTICE; NATURAL RESOURCE SCIENCE; AGRICULTURAL
SCIENCES; COSMETOLOGY; VETERINARY PRACTICES; DIGITAL GAMING; SOFTWARE
DESIGN; INFORMATION TECHNOLOGY; OFFSHORE WIND; STERILE PROCESSING TECH-
NICIAN; HVAC-R; DENTAL ASSISTANT; CYBER TECHNOLOGY; EMERGENCY MEDICAL
SERVICES; COMPUTER PROGRAMMING; DIAGNOSTIC MEDICAL SONOGRAPHER; AUTOMAT-
IC HEATING; AND ANY OTHER FIELD DETERMINED BY THE COMMISSIONER TO BE A
"QUALIFYING FIELD".
§ 5. This act shall take effect immediately; provided however that the
provisions of section two of this act shall apply to the 2023--2024
school year, and school years thereafter; and provided further that
section three of this act shall take effect January 1, 2030.