Bill Text: NY S04402 | 2011-2012 | General Assembly | Introduced


Bill Title: Increases the qualifications for school business officials, to better ensure fiscal accountability within school districts; school business officials shall be required to have: a post graduate degree in finance, accounting or related field; completed a semester long internship or fellowship focused on school financing or within a school business office; and participated in annual professional development classes; rural and/or small school districts could share school business officials through BOCES or an interschool district agreement, if a full time business official is not required.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S04402 Detail]

Download: New_York-2011-S04402-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4402
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 4, 2011
                                      ___________
       Introduced  by Sen. FLANAGAN -- 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 increasing the  quali-
         fications for school district business officials
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 2116-d
    2  to read as follows:
    3    S 2116-D. SCHOOL DISTRICT BUSINESS OFFICIALS.   1. ON AND  AFTER  JULY
    4  FIRST,  TWO THOUSAND THIRTEEN, THE BOARD OF EDUCATION OR OTHER GOVERNING
    5  BOARD OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
    6  SHALL BE REQUIRED TO EMPLOY A CERTIFIED SCHOOL BUSINESS LEADER WHO MEETS
    7  THE  REQUIREMENTS  OF SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF
    8  THIS CHAPTER AS THE CHIEF SCHOOL  BUSINESS  OFFICIAL  OF  THE  DISTRICT,
    9  EXCEPT  THAT  AN  INCUMBENT  WHO IS SERVING AS THE CHIEF SCHOOL BUSINESS
   10  OFFICIAL ON SUCH DATE AS A DEPUTY, ASSISTANT, OR  ASSOCIATE  SUPERINTEN-
   11  DENT FOR BUSINESS OR OTHER CERTIFIED SCHOOL ADMINISTRATOR HAVING PROFES-
   12  SIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT,
   13  OR  IN  A  POSITION IN THE CLASSIFIED CIVIL SERVICE AS A SCHOOL BUSINESS
   14  MANAGER OR THE EQUIVALENT, MAY CONTINUE TO BE EMPLOYED IN SUCH CAPACITY,
   15  PROVIDED THAT SUCH INDIVIDUAL  SUCCESSFULLY  COMPLETES  THE  EXAMINATION
   16  PRESCRIBED  BY  THE  COMMISSIONER PURSUANT TO PARAGRAPH B OF SUBDIVISION
   17  SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER NO LATER  THAN  JUNE
   18  THIRTIETH, TWO THOUSAND FIFTEEN.
   19    2.  EVERY EMPLOYMENT CONTRACT ENTERED INTO, AMENDED OR EXTENDED BY THE
   20  TRUSTEES OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OR  A  BOARD  OF
   21  COOPERATIVE  EDUCATIONAL  SERVICES  ON OR AFTER JULY FIRST, TWO THOUSAND
   22  ELEVEN WITH A DEPUTY SUPERINTENDENT OF SCHOOLS FOR  BUSINESS,  ASSOCIATE
   23  SUPERINTENDENT  OF  SCHOOLS  FOR  BUSINESS,  ASSISTANT SUPERINTENDENT OF
   24  SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL  RESPONSIBILITY
   25  FOR  THE BUSINESS OPERATION OF THE SCHOOL DISTRICT OR WITH AN INDIVIDUAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09241-02-1
       S. 4402                             2
    1  EMPLOYED IN A CLASSIFIED CIVIL SERVICE POSITION  AS  A  SCHOOL  BUSINESS
    2  MANAGER  OR  THE  EQUIVALENT  SHALL INCLUDE A CLAUSE REQUIRING THAT SUCH
    3  EMPLOYEE  COMPLETE  THE  REQUIRED  CONTINUING  EDUCATION  COURSEWORK  IN
    4  ACCOUNTING  AND/OR FINANCE AND PROFESSIONAL DEVELOPMENT COURSES APPROVED
    5  BY THE COMMISSIONER IN EACH YEAR OF THE CONTRACT.
    6    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
    7  THE  CONTRARY,  ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, EXPENSES
    8  INCURRED BY  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE  EDUCATIONAL
    9  SERVICES  FOR  THE SHARING OF PERSONNEL TO SERVE AS A DEPUTY SUPERINTEN-
   10  DENT OF SCHOOLS FOR BUSINESS, ASSOCIATE SUPERINTENDENT  OF  SCHOOLS  FOR
   11  BUSINESS,  ASSISTANT  SUPERINTENDENT  OF  SCHOOLS  FOR BUSINESS OR OTHER
   12  PERSON HAVING PROFESSIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION  OF
   13  THE  SCHOOL  DISTRICT SHALL NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVI-
   14  SION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE OR  ANY  OTHER
   15  PROVISIONS OF LAW PROVIDING AID FOR THE SHARING OF SERVICES, UNLESS SUCH
   16  SHARED EMPLOYEE IS CERTIFIED AS A SCHOOL DISTRICT BUSINESS LEADER PURSU-
   17  ANT TO SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF THIS CHAPTER.
   18    S  2.  Subdivision 5 of section 3003 of the education law, as added by
   19  chapter 639 of the laws of 1990, is amended and a new subdivision  6  is
   20  added to read as follows:
   21    5.  [The]  FOR CANDIDATES WHO APPLY FOR A CERTIFICATE ON OR BEFORE THE
   22  FIRST DAY OF SEPTEMBER, TWO THOUSAND TEN, THE commissioner  may  provide
   23  for  the  issuance  of  a  certificate as deputy, associate or assistant
   24  superintendent for business to any qualified person who meets all of the
   25  requirements of subdivision one of this section, except those  contained
   26  in paragraph b of subdivision one of this section.
   27    6.  A.  FOR  CANDIDATES  WHO  APPLY  FOR A CERTIFICATE ON OR AFTER THE
   28  SECOND DAY OF SEPTEMBER, TWO THOUSAND  TWELVE,  THE  COMMISSIONER  SHALL
   29  PROVIDE  FOR  THE  ISSUANCE  OF  A  PROFESSIONAL CERTIFICATE AS A SCHOOL
   30  DISTRICT BUSINESS LEADER (DEPUTY SUPERINTENDENT OF SCHOOLS FOR BUSINESS,
   31  ASSOCIATE SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSISTANT  SUPERINTEN-
   32  DENT OF SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPON-
   33  SIBILITY  FOR  THE BUSINESS OPERATION OF THE SCHOOL DISTRICT) IN ACCORD-
   34  ANCE WITH THIS SUBDIVISION TO ANY QUALIFIED PERSON WHO MEETS ALL OF  THE
   35  REQUIREMENTS  OF SUBDIVISION ONE OF THIS SECTION, EXCEPT THOSE CONTAINED
   36  IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, AND THE  REQUIREMENTS
   37  OF THIS SUBDIVISION.
   38    B.  THE  COMMISSIONER SHALL REQUIRE THAT AT LEAST TWENTY-FOUR SEMESTER
   39  HOURS OF THE GRADUATE COURSES REQUIRED UNDER PARAGRAPH A OF  SUBDIVISION
   40  ONE  OF  THIS SECTION BE IN ACCOUNTING AND/OR FINANCE COURSES DETERMINED
   41  BY THE COMMISSIONER TO BE RELEVANT TO THE EFFECTIVE  MANAGEMENT  OF  THE
   42  FISCAL  RESOURCES  OF  A  SCHOOL  DISTRICT.  THE COMMISSIONER SHALL ALSO
   43  REQUIRE CANDIDATES TO SUCCESSFULLY COMPLETE  AN  EXAMINATION  THAT  WILL
   44  ASSESS THE CANDIDATE'S KNOWLEDGE OF BASIC BUDGETING AND ACCOUNTING PRIN-
   45  CIPLES AND THE STATE AND FEDERAL LAWS AND REGULATIONS RELATING TO SCHOOL
   46  FINANCE, WHEN SUCH EXAMINATION BECOMES AVAILABLE. THE COMMISSIONER SHALL
   47  ALSO  REQUIRE THAT CANDIDATES COMPLETE AN INTERNSHIP REQUIREMENT AS PART
   48  OF THEIR GRADUATE PROGRAM THAT INCLUDES A  FULL-TIME  EXPERIENCE  OF  AT
   49  LEAST FIFTEEN WEEKS IN DURATION.
   50    C.  THE  COMMISSIONER  SHALL  ESTABLISH AN ALTERNATIVE PATHWAY TO SUCH
   51  CERTIFICATION, WHEREBY A CANDIDATE WHO FULFILLS ALL  OTHER  REQUIREMENTS
   52  SHALL BE DEEMED TO MEET THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR A
   53  PROFESSIONAL  CERTIFICATE  IF HE OR SHE HOLDS A MASTER'S DEGREE IN BUSI-
   54  NESS ADMINISTRATION OR A MASTER'S DEGREE IN ACCOUNTING.
   55    D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
   56  THE  CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT A WAIVER OF
       S. 4402                             3
    1  THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR  A  PROFESSIONAL  CERTIF-
    2  ICATE TO CANDIDATES WHO, UPON REVIEW OF THEIR TRANSCRIPT AND EXPERIENCE,
    3  ARE  DETERMINED  BY  THE  COMMISSIONER  TO BE EXCEPTIONALLY QUALIFIED TO
    4  SERVE AS A SCHOOL DISTRICT BUSINESS LEADER.
    5    E.  THE COMMISSIONER SHALL ALSO REQUIRE THAT THE PROFESSIONAL DEVELOP-
    6  MENT REQUIRED UNDER THE REGULATIONS OF THE COMMISSIONER OF  ALL  CERTIF-
    7  ICATE  HOLDERS  TO  MAINTAIN  A  PROFESSIONAL  CERTIFICATE  AS  A SCHOOL
    8  DISTRICT  BUSINESS  LEADER  ANNUALLY  INCLUDE  A  MAJORITY  ANNUALLY  OF
    9  APPROVED COURSEWORK IN ACCOUNTING AND/OR FINANCE.
   10    S  3.  This act shall take effect on the first of July next succeeding
   11  the date on which it shall have become a law.
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