What's happening
This bill allows BOCES to contract with out-of-state schools for various educational services, updates language from "common core" to "next generation standards," and extends the authorization until 2024.
Why it matters
Expands BOCES’ reach and revenue potential. By allowing Boards of Cooperative Educational Services (BOCES) to contract with out-of-state schools (not just school districts), including those outside the continental U.S., the bill could increase BOCES’ customer base, generate new revenue streams, and foster educational collaboration beyond New York.
Broader menu of services and modernized offerings. The bill authorizes BOCES to offer a wider range of services to out-of-state schools—such as technology products, software, online courses, and professional development—potentially encouraging innovation and allowing BOCES to leverage existing resources and expertise.
Protects NY students’ access and funding. Safeguards are included to ensure that services for New York schools aren’t reduced by serving out-of-state clients, and any excess revenue from these contracts must be used to lower costs for New York’s component districts, helping to balance external engagement with internal benefit.
Aligns with updated educational standards. By updating references from “common core” to “next generation standards” in both education and child welfare laws, the bill reflects a shift in pedagogical focus and ensures state law is consistent with current educational policy and terminology.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Boards of cooperative educational services (BOCES)
The bill would extend their out-of-state contracting authority to July 1, 2024, broaden eligible customers to include public schools and degree-granting colleges, and add technology products to permitted offerings.
Out-of-state public schools and colleges
They could contract for BOCES services and products, with schools outside the continental United States also eligible for standards-mapping products, online resources, professional development and technology products.
BOCES component school districts
Contracts would remain subject to protections against added costs and service cuts, with payments exceeding service costs applied to reduce shared-service costs.
New York teachers, principals and families
The bill would replace Common Core references with Next Generation references in requirements for state-provided instructional outreach and professional development resources.
Headline styles
Extend Out-of-State School Contracts
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Substituted by A7654A
- Advanced to third reading
- 2nd report cal.
- Amended 5636a
- 1st report cal.1053
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Out-of-State School Contracts
Signed by Governor · Sponsor Ellen C. Jaffee
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5636--A Cal. No. 1053
2019-2020 Regular Sessions
IN SENATE
May 9, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report
AN ACT to amend the education law, in relation to certain contracts with out-of-state schools; to amend the education law and the social services law, in relation to redesignating the common core standards to next generation standards; and to amend chapter 396 of the laws of
2012, amending the education law relating to services to out-of-state school districts by boards of cooperative educational services, in relation to extending the provisions thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 10 of paragraph h of subdivision 4 of section 1950 of the education law, as amended by chapter 28 of the laws of 2014, is amended to read as follows:
(10) To enter into contracts of no more than five years and subject to the sunset date of this subparagraph, with out-of-state [school districts] schools for: (a) special education; and/or (b) career and technical education services [or]; and/or (c) for the use of existing products that demonstrate how to map the [common core] next generation standards to assessments; and/or (d) [provide] providing access to existing webinars or online courses relating to implementation of the [common core] next generation standards [and/or]; for providing professional development to educators; and/or (e) technology products developed for the use of school districts located in New York state, including computer programs and software packages that help students learn and assist districts in achieving greater efficiencies. For purposes of this subparagraph, an out-of-state school shall mean a public elementary or secondary school or a degree granting institution of higher education,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11580-04-9
S. 5636--A 2
located outside of New York state; provided further for purposes of providing services authorized in clauses (c), (d) and (e) of this subparagraph, out-of-state shall also include schools located outside the continental United States. Any contract shall be approved by the commissioner, the board of cooperative educational services and the district superintendent of schools, provided such services are made available to any school district within the supervisory district and that the requirements of this subparagraph are met. Contracts must be executed by the board of cooperative educational services and the trustees or boards of education of such out-of-state [school districts] schools and shall only authorize out-of-state students to participate in an instructional program if such services are available to all eligible students in New York state schools in the component districts and the number of participating out-of-state students only comprises up to five percent of the total number of the total enrolled students in the instructional program at the board of cooperative educational services and that the board of cooperative educational services spends no more than thirty percent of its employees' time on services to out-of-state [districts] schools pursuant to this subparagraph. To be approved by the commissioner, the contract and any business plan, shall demonstrate that any services provided to out-of-state schools pursuant to this subparagraph shall not result in any additional costs being imposed on component school districts and that any payments received by the board of cooperative educational services for services provided in this subparagraph that exceed any cost to the board of cooperative educational services for providing such services shall be applied to reduce the costs of aidable shared services allocated to component school districts pursuant to paragraph d of this subdivision and shall also be applied to reduce the approved cost of services pursuant to subdivision five of this section. Services provided by a board of cooperative educational services to component districts at the time of approval of a contract under this paragraph shall not be reduced or eliminated solely due to a board of cooperative educational services' performance of services to out-of-state [districts] schools pursuant to this paragraph.
§ 2. Subdivisions 50 and 51 of section 305 of the education law, subdivision 50 as added by section 1 of subpart I and subdivision 51 as added by section 1 of subpart J of part AA of chapter 56 of the laws of 2014, are amended to read as follows:
50. The commissioner shall provide instructional tools and outreach materials for parents and families to assist parents and families in understanding the purposes, elements and instructional changes relating to implementation of [common core] next generation learning standards as well as how to best support their child's educational progress and outcomes. Such tools and outreach shall include, but not be limited to, online resources with linguistically and culturally appropriate materials, community outreach, and the dissemination of materials through schools, non-profit organizations, libraries, and other partners.
51. The commissioner shall, in order to assist school districts and boards of cooperative educational services in developing [common core] next generation training programs for teachers and principals, develop professional development tools, resources and materials that school districts, boards of cooperative educational services, teachers and principals may utilize. The commissioner may collaborate with the state university of New York, the city university of New York, and independent colleges and universities to offer effective, data-informed professional development and coaching to meet the needs of implementing the [common
S. 5636--A 3
core] next generation learning standards. Such professional development and coaching shall include necessary materials, age appropriate instruction and resources that provide best practices for the effective implementation of the [common core] next generation learning standards. Such support shall be available for the purpose of providing professional development for teachers and principals, as well as preparation programs for participating school districts, boards of cooperative educational services, charter schools and communities at large, and may include recommendations for how teachers and principals can collaborate on strategies, including but not limited to study groups and coaching, to improve classroom practices. The commissioner shall also identify regional examples of school districts that have successfully implemented the [common core] next generation learning standards, where such examples exist, and shall invite such districts to serve on a voluntary basis as models that principals, teachers and other school professionals within the region may visit and observe. In addition, the commissioner shall include opportunities for teachers and other content-area experts to provide feedback and recommendations for the continuous improvement and development of voluntary [common core] next generation curriculum modules offered by the department.
§ 3. Subparagraph 2 of paragraph (b) of subdivision 3 of section 3602-d of the education law, as added by chapter 792 of the laws of 1990, is amended to read as follows:
(2) linkages between the two years of secondary school preceding graduation and post-secondary study. Such linkage must incorporate a [common core] next generation of required proficiency in an occupationally oriented field leading to an associate degree or certificate in a specific career field;
§ 4. Paragraph (c) of subdivision 5 of section 421 of the social services law, as added by chapter 525 of the laws of 2006, is amended to read as follows:
(c) require all persons assigned to be a supervisor by a child protective service on or after April first, nineteen hundred eighty-six, shall have satisfactorily completed, within the first three months of employment as a supervisor or within three months of the effective date of this paragraph, whichever shall occur first, a course in the fundamentals of child protection developed by the office of children and family services. Such training course shall, among other things, strengthen and expand current training procedures for child protective service supervisors; provide the skills, knowledge and standards to practice effective case planning and case management; provide comprehensive assessment tools needed in critical decision making; require participation in the existing [common core] next generation training required by child protective service caseworkers; strengthen recognition and response to safety and risk indicators; improve skills to promote consistent implementation of training and practice; provide the necessary tools and assistance to build the ability to coach and monitor child protective service caseworkers and model effective investigation practice; increase cultural competency and sensitivity; and establish an annual in service training program specifically focused on child protective service supervisors.
§ 5. Section 4 of chapter 396 of the laws of 2012, amending the education law relating to services to out-of-state school districts by boards of cooperative educational services, as amended by chapter 28 of the laws of 2014, is amended to read as follows:
S. 5636--A 4
§ 4. This act shall take effect immediately and shall expire and be deemed repealed July 1, [2019] 2024.
§ 6. This act shall take effect immediately; provided, however, that the amendments to subparagraph 10 of paragraph h of subdivision 4 of section 1950 of the education law made by section one of this act shall not affect the repeal of such subparagraph and shall be deemed to repeal therewith; provided, further, that any contracts entered into pursuant to this act shall not be impaired or modified by such expiration and repeal.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to certain contracts with out-of-state schools; to amend the education law and the social services law, in relation to redesignating the common core standards to next generation standards; and to amend chapter 396 of the laws of 2012, amending the education law relating to services to out-of-state school districts by boards of cooperative educational services, in relation to extending the provisions thereof
PURPOSE OR GENERAL IDEA OF BILL::
This bill extends for 5 years and expands the provisions of Chapter 396 of the Laws of 2012 and Chapter 28 of the Laws of 2014 to allow BOCES to contract with out-of-state schools to provide: special education; career and technical education services; on line courses relating to implemen- tation of the common cores standard; professional development to educa- tors; and existing technology products including computer programs and software packages that help students learn and assist districts in achieving greater efficiencies.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1 allows BOCES to expand those services to which it is author- ized to contract with out-of- state schools to also include existing technology products, including computer programs and software packages that help students learn and assist districts in achieving greater effi- ciencies. This bill also clarifies that schools include elementary and secondary schools as well as institutions of higher education. The bill further clarifies that an out-of-state school includes those located outside of New York State, including but not limited to those located outside of the continental United States. Further, the bill makes this law permanent.
Section 2 is the effective date.
JUSTIFICATION::
Boards of cooperative educational services (BOCES) are often at the forefront of innovative and cost-saving educational plans, policies, and programs. BOCES, as innovators in the development and delivery of highly successful curricula, professional development for educators and proven education programs, are already providing these programs and services to schools in New York State. Prior to enactment of Chapter 396 of the Laws of 2012, BOCES was not authorized to enter into contracts with out-of- state schools. Since this law was enacted, several BOCES have, and continue to, provide these services to schools located outside of New York. Based on the success, the list of those services that can be contracted should also be expanded to include technology products and the law should be extended for 5 years.
This law allows BOCES to sell certain programs and services and as a result generate revenue in support of BOCES, their component school districts and most importantly the students they serve. Additionally, to the extent practical, it enables BOCES to provide educational services to out- of -state students. To this end, allowing BOCES to provide these services to out-of-state schools has been beneficial not only to the BOCES, but to New York State as a whole.
PRIOR LEGISLATIVE HISTORY::
This is a new bill but it is an extension of both Chapter 396 of the Laws of 2012 and Chapter 28 of the Laws of 2014.
FISCAL IMPLICATIONS::
None
EFFECTIVE DATE::
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.