Recognizing boards of cooperative educational services as regional leaders

The proposed legislation expands the scope of services provided by boards of cooperative educational services (BOCES) to authorize school library systems to serve charter school libraries, expand the authority of BOCES to provide services to charter schools and allow BOCES to enter into certain contracts with State agencies that have schools maintained for children in facilities operated or supervised by such agencies, including the Office of Mental Health ("OMH)". It also authorizes the Office of Mental Health ("OMH") to meet its obligations for educational services for children ages 5 through 21 years of age who do not hold a high school diploma and who are in hospitals operated by the OMH by contracting with the board of cooperative educational services to provide such educational services to these children. It also provides school districts with flexibility in carrying out their auditing function. Overall, this bill and the Department's regional high school bill (SED No. 4) will allow BOCES to continue to serve as regional leaders by providing shared services to allow for the effective and efficient delivery of educational services in New York State. These alternative models of service delivery will be more efficient and cost- effective, which will, in turn, result in cost savings to districts. It is anticipated that these costs savings will be applied toward student programs and services, which will help enhance the educational opportunities for students in the State.

Summary of the Provisions of the Bill:

Section 1 makes legislative findings relating to the role of the BOCES as educational leaders in the various regions of the State.

Section 2 would amend Education Law § 282 to authorize the inclusion of charter school libraries to school library systems authorized to be established pursuant to such section of law.

Section 3 would add a new subparagraph 12 to Education Law 1950(4)(h) to authorize a BOCES to enter into contracts with charter schools located within the area in which BOCES serves to provide such charter schools with any service the BOCES would provide to its respective school districts. Such services would be provided to charter schools at cost. The Commissioner of Education would be required to approve the proposed contracts, subject to a determination

as to whether such contracts would disrupt the level of services provided to component school districts and whether such contracts would benefit the charter schools and their students.

Section 4 of the bill would amend subparagraph 9 of Education Law 1950(4)(h) to authorize the Commissioner of the OMH to enter into contracts with BOCES to provide educational services to patients hospitalized in hospitals operated by the OMH who are between the ages of 5 and 21 and do not hold a high school diploma; provided however that educational services for such students shall be limited to the provision of special education and related services unless the Commissioner of the OMH determines that reasonable efforts were made to contract with a school district for the provision of regular educational services but an agreement could not be reached. Prior to entering into any such contract, and annually thereafter, the BOCES shall submit to the Commissioner of Education, the OMH Commissioner and the Division of the Budget a proposed operating plan and proposed budget based upon the request for services. The operating plan must be approved by the Commissioner and any services provided pursuant to such contract must be provided at cost and the BOCES shall not be authorized to charge any costs to its component school districts. Provided, however, that services provided by BOCES to component districts shall not be reduced or eliminated.

Section 5 of the bill would add a new subparagraph 13 to Education Law § 1950(4)(h), to authorize BOCES to enter into contracts with State agencies, other than State agencies to which subparagraphs 8 or 9 apply, that have schools maintained for children in facilities operated or supervised by such agencies and are responsible for the education of such children that provide such children with any instructional services provided by BOCES, including, but not limited to, special education and related services. The Commissioner of Education would be required to approve such contracts. Services provided pursuant to these contracts would be provided to the agencies at cost, and BOCES would not be authorized to charge any costs incurred in providing such services to its component school districts.

Section 6 of the bill would add a new subparagraph 14 to Education Law § 1950(4)(h) to authorize BOCES to enter into contracts with school districts for the purpose of providing treasurer and purchasing agent services to such school districts.

Section 7 of the bill would authorize the Commissioner of the OMH to meet his or her obligations under Mental Hygiene Law § 33.11 and Education Law § 112 by contracting with a BOCES to provide educational services for children between the ages of 5 and 21 who do not hold a high school diploma and who are hospitalized in hospitals operated by the OMH for the provisions of the educational services to such children, including but not limited to special education and related services to children with disabilities in accordance with the individualized education programs. This section also eliminates the requirement that the Department reimburse the school district or BOCES providing services for the full cost of services provided under this contract. Instead, the Commissioner of the OMH, with the approval of the Director of the Division of the Budget, shall be authorized to establish the terms of the contract, including the agreed upon charge

for the services to be provided, consistent with Education Law 1950(4) (h) (9).

Section 8 is the effective date.

Statement in Support of the Bill:

BOCES help increase the effective and efficient delivery of educational services in New York State by providing shared services to school districts outside of the Big Five large city school districts. BOCES are increasingly being asked to serve as regional leaders as well as regional service providers. This bill would expand the authority of BOCES to provide a broader range of services to entities other than component school districts, including charter schools and state agencies that operate schools, consistent with the growing role of BOCES as regional service providers.

The bill would expand BOCES authority to assist charter schools. The bill would authorize BOCES to provide to charter schools any of the services it provides to school districts, including special education and related services, rather than just the career education and data processing services BOCES are authorized to provide under current law. It would permit charter school libraries to participate in school library systems, which are administered by BOCES. It would also explicitly authorize BOCES to provide fingerprinting services to charter schools for use in conducting criminal history record checks of their prospective employees and to provide fingerprinting services to applicants for a charter as a charter school.

The bill would expand BOCES authority to provide instructional services, including special education and related services to the Office for People with Developmental Disabilities and other state agencies that operate schools. In addition, the bill would authorize the Commissioner of the OMH to meet his or her obligations under Mental Hygiene Law § 33.11 and Education Law § 112 by contracting with a BOCES to provide educational services for children between the ages of 5 and 21 who do not hold a high school diploma and who are hospitalized in hospitals operated by the OMH, which is responsible for providing educational services to such children.

The provisions of the bill that would expand the authority of BOCES to serve various individuals and entities other than school districts and authorizes each BOCES to provide such services at cost. Such individuals and entities would purchase such services from the BOCES, and there would be no cost to component school districts and no BOCES aid generated by such services.

Budgetary Implications of the Bill:

This bill would result in overall cost savings to school districts and other educational entities by streamlining the provision of services to students by and through shared resources and services. The amount of such savings is not known, though it is expected to be substantial if this bill is enacted in entirety.

Prior Legislative History:

Portions of this bill were submitted as SED Proposal No. 6 for 2013. SED Proposal No. 6 was introduced in the Senate as S.5567 and was referred to the Education Committee. It was also introduced in the Assembly as A.1150 and was referred to the Education Committee. No further action was taken.

Effective Date:

This act would take effect July 1, 2014, provided, however, that if this act shall become a law after such date, and shall be deemed to have been in full force and effect on and after July 1, 2014.