Bill Text: NY S05456 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the school district financial accountability act; requires the chief financial officer of each school district to prepare for approval by the trustees or board of trustees a five-year long-range financial plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-21 - PRINT NUMBER 5456B [S05456 Detail]

Download: New_York-2013-S05456-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5456
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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 requiring the appoint-
         ment of a school business official for each school district
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  1604 of the education law is amended by adding a
    2  new subdivision 43 to read as follows:
    3    43. THE TRUSTEES OF A COMMON SCHOOL DISTRICT SHALL EMPLOY AND ASSIGN A
    4  BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION AS  REQUIRED  BY
    5  THE  DEPARTMENT,  OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE.
    6  WITHIN THE POLICY GUIDELINES OF THE BOARD OF  EDUCATION  OF  THE  SCHOOL
    7  DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
    8  CIAL  SHALL  FULFILL  ALL  BUSINESS  AND FINANCIAL DUTIES AND MANAGE ALL
    9  BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
   10    S 2. The education law is amended by adding a new  section  1711-a  to
   11  read as follows:
   12    S  1711-A. BUSINESS OFFICIAL; UNION FREE SCHOOL DISTRICT. THE BOARD OF
   13  EDUCATION OF ANY UNION FREE SCHOOL DISTRICT SHALL EMPLOY  AND  ASSIGN  A
   14  BUSINESS  OFFICIAL  HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY
   15  THE DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY,  AS  APPROPRIATE.
   16  WITHIN  THE  POLICY  GUIDELINES  OF THE BOARD OF EDUCATION OF THE SCHOOL
   17  DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
   18  CIAL SHALL FULFILL ALL BUSINESS AND  FINANCIAL  DUTIES  AND  MANAGE  ALL
   19  BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
   20    S  3.  Section  1804  of  the education law is amended by adding a new
   21  subdivision 13 to read as follows:
   22    13. THE BOARD OF EDUCATION OF ANY CENTRAL SCHOOL DISTRICT SHALL EMPLOY
   23  AND ASSIGN A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIFICATION  AS
   24  REQUIRED  BY  THE  DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS
   25  APPROPRIATE. WITHIN THE POLICY GUIDELINES OF THE BOARD OF  EDUCATION  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10639-01-3
       S. 5456                             2
    1  THE  SCHOOL  DISTRICT  AND  IN COOPERATION WITH THE SUPERINTENDENT, EACH
    2  BUSINESS OFFICIAL SHALL FULFILL ALL BUSINESS AND  FINANCIAL  DUTIES  AND
    3  MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
    4    S  4.  Section  1903  of  the education law is amended by adding a new
    5  subdivision 3 to read as follows:
    6    3. THE BOARD OF EDUCATION OF A  CENTRAL  HIGH  SCHOOL  DISTRICT  SHALL
    7  EMPLOY  AND  ASSIGN  A BUSINESS OFFICIAL HOLDING THE APPROPRIATE CERTIF-
    8  ICATION AS REQUIRED BY THE DEPARTMENT, OR THE  OPERATIVE  CIVIL  SERVICE
    9  AGENCY,  AS  APPROPRIATE.  WITHIN  THE POLICY GUIDELINES OF THE BOARD OF
   10  EDUCATION OF THE SCHOOL DISTRICT AND IN COOPERATION WITH THE SUPERINTEN-
   11  DENT, EACH BUSINESS OFFICIAL SHALL FULFILL ALL  BUSINESS  AND  FINANCIAL
   12  DUTIES AND MANAGE ALL BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
   13    S 5. Subdivision 5 of section 2503 of the education law, as amended by
   14  section  9  of subpart F of part C of chapter 97 of the laws of 2011, is
   15  amended to read as follows:
   16    5. Shall create, abolish, maintain  and  consolidate  such  positions,
   17  divisions,  boards  or bureaus as, in its judgment, may be necessary for
   18  the proper and efficient administration of its work; shall appoint prop-
   19  erly qualified persons to fill such positions, including  a  superinten-
   20  dent  of  schools,  such associate, assistant and other superintendents,
   21  directors,  supervisors,  principals,   teachers,   lecturers,   special
   22  instructors,  medical inspectors, nurses, claims auditors, deputy claims
   23  auditors, attendance officers, secretaries, clerks, custodians, janitors
   24  and other employees and other persons or experts in educational,  social
   25  or  recreational  work or in the business management or direction of its
   26  affairs as said  board  shall  determine  necessary  for  the  efficient
   27  management  of  the  schools and other educational, social, recreational
   28  and business activities; and shall  determine  their  duties  except  as
   29  otherwise provided herein.  THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS
   30  OFFICIAL  HOLDING  THE  APPROPRIATE  CERTIFICATION  AS  REQUIRED  BY THE
   31  DEPARTMENT, OR THE OPERATIVE CIVIL SERVICE AGENCY, AS APPROPRIATE. WITH-
   32  IN THE POLICY GUIDELINES  OF  THE  BOARD  OF  EDUCATION  OF  THE  SCHOOL
   33  DISTRICT AND IN COOPERATION WITH THE SUPERINTENDENT, EACH BUSINESS OFFI-
   34  CIAL  SHALL  FULFILL  ALL  BUSINESS  AND FINANCIAL DUTIES AND MANAGE ALL
   35  BUSINESS AFFAIRS FOR THE SCHOOL DISTRICT.
   36    S 6. Subdivision 2 of section 2554 of the education law, as amended by
   37  chapter 27 of the laws of 2012, is amended to read as follows:
   38    2. To create, abolish, maintain and consolidate such positions,  divi-
   39  sions,  boards  or bureaus as, in its judgment, may be necessary for the
   40  proper and efficient administration of its work;  to  appoint  a  super-
   41  intendent  of  schools,  such  associate,  assistant, district and other
   42  superintendents, examiners, directors, supervisors,  principals,  teach-
   43  ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
   44  tors, attendance officers, secretaries, clerks, custodians, janitors and
   45  other employees and other persons or experts in educational,  social  or
   46  recreational  work  or  in  the  business management or direction of its
   47  affairs as said  board  shall  determine  necessary  for  the  efficient
   48  management  of  the  schools and other educational, social, recreational
   49  and business activities; provided, however,  that  in  the  city  school
   50  districts  of the cities of Buffalo, Rochester, and Syracuse appointment
   51  of associate, assistant and district superintendents, and  other  super-
   52  vising  staff  who  are  excluded from the right to bargain collectively
   53  pursuant to article fourteen of the civil service law shall, within  the
   54  amounts  budgeted  for  such positions, be by the superintendent of such
   55  city school district; and to determine their duties except as  otherwise
   56  provided  herein.  THE BOARD SHALL EMPLOY AND ASSIGN A BUSINESS OFFICIAL
       S. 5456                             3
    1  HOLDING THE APPROPRIATE CERTIFICATION AS REQUIRED BY THE DEPARTMENT,  OR
    2  THE  OPERATIVE  CIVIL  SERVICE AGENCY, AS APPROPRIATE. WITHIN THE POLICY
    3  GUIDELINES OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AND IN COOP-
    4  ERATION  WITH  THE  SUPERINTENDENT, EACH BUSINESS OFFICIAL SHALL FULFILL
    5  ALL BUSINESS AND FINANCIAL DUTIES AND MANAGE ALL  BUSINESS  AFFAIRS  FOR
    6  THE SCHOOL DISTRICT.
    7    S  7.  Subdivision 1 of section 1981 of the education law, as added by
    8  chapter 785 of the laws of 1992, is amended to read as follows:
    9    1. Notwithstanding any other provision of law, school  authorities  of
   10  any  school  district may arrange to share the services of a superinten-
   11  dent, associate superintendent, assistant superintendent, BUSINESS OFFI-
   12  CIAL OR LIKE EMPLOYEE WHO FULFILLS ALL BUSINESS AND FINANCIAL DUTIES FOR
   13  THE SCHOOL DISTRICT AND MANAGES ALL  BUSINESS  AFFAIRS  FOR  THE  SCHOOL
   14  DISTRICT,  or  any  other  employee  with districtwide administrative or
   15  supervisory responsibilities with one or more other school districts.
   16    S 8. This act shall take effect one year after it shall have become  a
   17  law.
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