Relates to the powers and duties of boards of cooperative educational services

BILL NUMBER:S3695

Title of bill

An act to amend the education law, in relation to the powers and duties of boards of cooperative educational services

Purpose

To direct the commissioner to establish, by regulation, a process for approval of aidable and nonaidable cooperative services (COSERS); authorize boards of cooperative educational services (BOCES) to enter into contracts as necessary for corporate purposes; extend BOCES leasing authority from 10 to 20 years; and allow charter schools to contract with BOCES

Summary of provisions

Section 1: This section would require that the Commissioner establish, by regulation, a process for approval of aidable and non-aidable cooperative services (COSERS). This process would require an evaluation of the potential cost savings, efficiencies in facilities use, enhancement of educational opportunities, local and regional needs, and other matters which would enhance the opportunities for provision of COSER services regionally. These regulations are not intended to preclude BOCES from entering into inter-municipal agreements as otherwise authorized by law, but rather to establish a more comprehensive, consistent and transparent process. In addition, this section makes a technical amendment which makes consistent references to BOCES COSER agreements in law.

Section 2: Authorizes BOCES to enter into contracts as necessary to carry out the purposes of BOCES, as well as enter into contracts with charter schools.

Sections 3 and 4: Authorizes BOCES to enter into leases with public entities for a period not to exceed twenty years to rent land, classrooms, offices or buildings.

Section 5: This language makes an additional technical amendment which makes consistent references to BOCES COSER agreements in law.

Section 6: Provides the effective date.

Justification

BOCES is uniquely positioned to deliver greater cooperation and efficiencies throughout New York State. This fact has been underscored by both the New York State Commission on Property Tax Relief and the Commission on Local Government Efficiency and Competitiveness. Each Commission points to BOCES as a proven vehicle for achieving greater efficiencies statewide.

This bill would direct the Commissioner to establish by regulation the criteria for aidable and non-aidable COSERs, in order to provide more guidance to BOCES with regard to entering into contracts with

municipalities, school districts and various other organizations to provide services in a more cost-effective manner.

Legislative history

A.1279, 2013 and 2014 referred to education. A.53, 2011 and 2012, referred to education. Same as S.1569, 2011 and 2012 referred to education. A.10131, 2010 referred to education. Same as S.4117-B, 2010 passed Senate

Fiscal implications

None. This bill may allow for savings for component school districts and charter schools.

Effective date

Immediately, provided that the amendments to subparagraph (a) of paragraph p of subdivision 4 of section 1950 of the education law made by section 3 of this act shall be subject to the expiration and reversion of such subparagraph pursuant to section 2 of chapter 374 of the laws of 2014, as amended, when upon such date the provisions of section 4 of this act shall take effect.