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June 2001 vol. XV, no.6 
 

ASSOCIATION BOARD MEETING MAY 31

 

    The association’s board of directors met in Albany on May 31st to discuss the numerous legislative and regulatory issues facing small city districts this year, and to handle several matters of association business. The Treasurer’s report showed that the association finances are in good shape, thus permitting the underwriting of a few new initiatives, i.e., the CFE amicus brief and use of consultant services of Charlie Winters.

 

    The board approved the budget for 2001-2002 and received a report on transfer of association accounts to First Union Securities, pursuant to the cash management plan previously approved.  The association will now be earning interest (approx. 4%) on all its balances, whether operating funds or cash reserves.

 

    The board reviewed its legislative and regulatory priorities for the year and gave final approval of the position paper on charter schools. The paper will be forwarded to the Legislature and educational organizations this month. While we do not expect action on the issues in the short term, the board agreed to keep charter school funding reform as a priority, and to discuss further strategies at the next board meeting in Cooperstown on August 12th.

 

    The board also discussed the Hurd Aid freeze, which both the Senate and Assembly support; the Hurd Aid minimum increase, S.2570/A.2126 by Kuhl and Kolb; OCCED Aid for five non-BOCES small city districts, S.2381/A.6005 by Larkin and Canestrari; the constitutional debt ceiling bill, S.4766/A.8680 by Kuhl and Canestrari; and fingerprinting under Project SAVE. With respect to fingerprinting, the department approved regulations omitting contractor employees from the requirement where, in the board of education’s judgment, there will be no direct student contact, and the Legislature is considering bills to amend the law to allow a 90-day grace period. Nevertheless, there remain many unanswered questions, which, unfortunately may only be answered through experience. The department is aware of this.

 

    The appeal in the Campaign For Fiscal Equity will be heard by the Appellate Division sometime in October. The State’s brief is due in early August and the plaintiff’s brief, and the Amicus brief are due on September 5th. Attorney Michael Rebell, attorney for CFE has urged the Association to submit a brief and to send it to the Court after the State’s brief is due. Charlie Winters will be assisting the association in preparation of the brief and will be coordinating with association counsel, the association board and the state aid and educational programming committees.

 

    Other matters discussed included the upcoming meeting with Commissioner Mills on June 26th, a proposed new small city board member training session, coordinated through NYSSBA (Sue Skidmore and Norma Barton will be working on this), the small city school district breakfast at the NYSSBA Conference in Buffalo on October 19th (new Assembly Majority Leader Paul Tokasz will speak), and proposed by-law changes for the association (see resolution below).  With respect to the by-law changes, the board will be acting on these at the August 12th meeting at the Conference. The changes relate to the board quorum. The board wants to get membership input on these. Any comments, criticisms or suggestions will be appreciated.

 

*Resolution Approving Amendment to the By Laws of the New York State Association

         of Small City School Districts, Inc.      

 

Resolution of the New York State Association of Small City School Districts Inc., at a regular meeting of the Board of Directors held on the _____ day of ______, 2001.

 

Be it resolved that the By Laws of the New York State Association of Small City School Districts Inc., and hereby amended as follows:

 

1)               Article II, Section 7 is amended to read:

 

“Unless otherwise provided in the certificate of incorporation, [majority] one third of entire Board of Directors, provided there are present at least [four] three Superintendents from Small City School Districts in New York State and at least [four] three members of a Board of Education from Small City School Districts in New York State, shall constitute a quorum for the transaction of business or of any specified item of business.”

 

I certify that the above resolution was duly approved by a majority vote of the New York State Association of Small City School Districts, Inc., Board of Directors this ____ day of ______, 2001.

 

 

 

 

_____________________________

Secretary,

 

*There are currently eighteen board members. Amendments must be approved by a majority of board members present and voting.

 

 

   With respect to the meeting with the Commissioner on June 26th, the meetings will start at the offices of DeGraff-Foy at 12:00 (sandwiches provided) and then we will walk up to the Commissioner’s office at 1:00. Thereafter we will have several Legislative meetings planned for any who care to stay. The topics to be discussed include fingerprinting, drop-out reporting, Cornell-Penn State study on the standards and building aid  .Any who wish to join at these meetings please notify Nancy DePaulo, 518-462-5300,518-436-0210(fax) or nd@degraff-foy.com.

 

 

 

DATES TO REMEMBER

 

Date                                   Place                                Event                                     

 

June 26, 2001 12:00            DeGraff-Foy                     preparation for Comr mtg; lunch

                                            Albany

 

June 26, 2001 1:00              Education Building             meeting with Commissioner

                                            Albany

 

June 26, 2001 2:00-4:00      Capitol                             meetings with Legislature

                                            Albany

 

August 12, 13, 2001           Otesaga Hotel                    Summer Conference, Cooperstown

                                                               

October 19, 2001                Buffalo                              Small City District breakfast,    

                                                                                     NYSSBA 

 

 

SUMMER CONFERENCE AUGUST 12th and 13th

 

    The association’s conference this year is focused on Distance Learning and what it will mean to our districts in the coming years. There will be presentations on the use of the “new technology” and the “virtual” school.  Employee relations and other legal issues will be covered as well. In addition, on Sunday night, August 12th, the guest speaker is Cornell University Professor James Garbarino.  He is the well-known author of the best seller, ”Lost Boys”, and a new book, “Parents Under Siege.”  We hope you can join us.

 

 

ALBANY UPDATE

 

    The Senate is set to conclude its regular Legislative session on the 20th as previously announced, without having acted on the State Budget.  The Majority Leader has indicated that the Senate will be returning after that only to negotiate and approve the Budget. Senator Bruno, in conversations with small city school representatives has expressed his concern for the impact of late Budgets on districts and is appreciative of the uncertainty and cost they produce. Nevertheless, no substantial progress appears to have been made by either the Legislature or the Governor in reaching agreement. The Assembly, moreover, has not revealed its intentions, even with respect to the end of the regular session.

 

    The following are the list of priority bills followed by the association for small city districts. If any are of particular concern, please contact Nancy DePaulo to let the association know.

 

 

2001 Both Houses' Bills, Using Bill File: DFHHK /SCSD-GOV, DFHHK /SCSD-RPTX, DFHHK /SCSD-STAID and Priority Codes: 01

Bill No.

 

A120A

Gantt -- Provides various reforms with respect to the enrollment and financing of charter schools

Last Act: 03/15/01 amend and recommit to education 03/15/01 print number 120a

DFHHK / SCSD-GOV

A149

Colman -- Relates to special education on the premises of nonpublic schools

Last Act: 04/18/01 held for consideration in education

DFHHK / SCSD-GOV

A267

Grannis -- Provides that employees of charter schools receive the same health insurance benefits as employees of the public school district where the charter school is located

Last Act: 01/03/01 referred to education

DFHHK / SCSD-GOV

A282

Tokasz (MS) -- Requires any state mandated program imposed on municipalities and school districts to be funded by the state

Last Act: 01/03/01 referred to local governments

DFHHK / SCSD-STAID

A415

Tokasz (MS) -- Increases amount of surplus funds which may be retained by a school district as surplus funds from two percent to five percent

Last Act: 01/03/01 referred to real property taxation

DFHHK / SCSD-STAID

A576

Brodsky -- Makes provisions with respect to the conditions under which school districts are entitled to the apportionment of state funds

Last Act: 01/03/01 referred to education 

DFHHK / SCSD-STAID

A577

Brodsky (MS) -- Adds a regional cost of living factor to state aid to schools formula

 Last Act: 01/03/01 referred to education

DFHHK / SCSD-STAID

A578

Sanders -- Creates a mentor supervisor credential program within the department of education

Last Act: 01/03/01 referred to education

DFHHK / SCSD-GOV

A1089

Lafayette (MS) -- Extends the benefits from the school tax relief (STAR) exemption to eligible tenants of multiple dwellings

Last Act: 01/09/01 referred to real property taxation

DFHHK / SCSD-RPTX

A1305

Budget -- EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

Last Act: 01/16/01 referred to ways and means

DFHHK / SCSD-STAID

A1558

Tocci -- Authorizes apportionment of building aid to Rye city school district for certain construction expenses incurred 7/1/94-6/30/95 despite failure to timely file

Last Act: 01/16/01 referred to education

DFHHK / SCSD-STAID

A1567

Tocci -- Broadens powers of state board of real property services to determine special equalization rates

Last Act: 01/16/01 referred to real property taxation

DFHHK / SCSD-RPTX

A1649

Matusow (MS) -- Adds a regional cost of living factor to state aid to schools formula

Last Act: 01/16/01 referred to education

DFHHK / SCSD-STAID

A1706A

Magee -- Legalizes, validates, ratifies and confirms certain acts and proceedings of the Oneonta city school district with respect to certain transportation contracts

Last Act: 04/27/01 SIGNED CHAP. 16 

DFHHK / SCSD-STAID

A1740

Tonko -- Provides for local approval of charter schools, annual charter school budget votes and annual reporting to local boards of education; repealer

Last Act: 01/16/01 referred to education

DFHHK / SCSD-GOV

A1837

Sidikman -- Relates to refund of tax certiorari claims in the Glen Cove city school district by the county

Last Act: 01/16/01 referred to real property taxation

DFHHK / SCSD-RPTX

A1885

Parment (MS) -- Relates to the total salary for district superintendents

Last Act: 01/16/01 referred to education

DFHHK / SCSD-GOV

A1997A

Budget -- Enacts provisions of law necessary to implement the 2001-2002 Education, Labor and Family Assistance budget pursuant to Article 7 of the Constitution

Last Act: 03/13/01 amend and recommit to ways and means 03/13/01 print number 1997a

DFHHK / SCSD-STAID

A2126

Kolb (MS) -- Provides for increased school aid in cities of less than one hundred twenty-five thousand inhabitants

Last Act: 04/18/01 held for consideration in education

DFHHK / SCSD-STAID

A2192

Crouch (MS) -- Increases amount of surplus funds which may be retained by a school district as surplus funds from two percent to five percent

Last Act: 01/22/01 referred to real property taxation

DFHHK / SCSD-STAID

A2447

Stephens -- Establishes procedures for establishing equalization rates impacting upon school districts

Last Act: 01/23/01 referred to real property taxation

DFHHK / SCSD-RPTX

A2634

Sanders (MS) -- Enacts the "dignity for all students act"

Last Act: 03/20/01 reported referred to codes

DFHHK / SCSD-GOV

A2724

Wirth (MS) -- Modifies provisions pertaining to payments in lieu of taxes arrangements for projects of industrial development agencies with respect to school districts

Last Act: 01/25/01 referred to local governments

DFHHK / SCSD-RPTX

A2811

Luster -- Establishes formula for calculation of state apportionments and payments to school districts for school years commencing on or after July 1, 2001

Last Act: 01/25/01 referred to education

DFHHK / SCSD-STAID

A2819

Faso (MS) -- Establishes limitations on the average annual school district real property tax increase over any 5 year period

Last Act: 01/25/01 referred to real property taxation

DFHHK / SCSD-GOV

A3015

Clark (MS) -- Allows public school principals and chief administrators to enroll academically low-performing students in after-school educational programs

Last Act: 01/29/01 referred to education

DFHHK / SCSD-GOV

A3149

McEneny (MS) -- Relates to pupil transportation and transportation in child safety zones; repealer

Last Act: 01/29/01 referred to education

DFHHK / SCSD-STAID

A3150

McEneny (MS) -- Provides special supplemental apportionment for school age children receiving special education programs and services

Last Act: 01/29/01 referred to education

DFHHK / SCSD-STAID

A3578

Galef (MS) -- Amends provisions relating to the financing of charter schools to provide for financing by the state

Last Act: 02/01/01 referred to education

DFHHK / SCSD-GOV

A3581

Hooper -- Relates to the financing of charter schools located in officially designated poverty areas

Last Act: 02/01/01 referred to education

DFHHK / SCSD-GOV

A3652

McEneny -- Imposes certain conditions on the approval of a charter school application for the conversion of an existing public school to a charter school

Last Act: 02/05/01 referred to education

DFHHK / SCSD-GOV

A3753

Butler (MS) -- Relates to salaries of non-instructional employees of a school district in a contingency budget

Last Act: 05/01/01 held for consideration in education

DFHHK / SCSD-GOV

A3814

Young (MS) -- Requires school districts to provide transportation to children in grades kindergarten through one who live more than 1/2 mile from school

Last Act: 06/12/01 held for consideration in education

DFHHK / SCSD-GOV

A4245

Clark (MS) -- Prohibits school districts from entering into telecommunications contracts as delineated herein

Last Act: 02/08/01 referred to education

DFHHK / SCSD-GOV

A4247

Weinstein (MS) -- Relates to health benefits for certain retired employees

Last Act: 02/27/01 reported referred to ways and means

DFHHK / SCSD-GOV

A4248

Weinstein (MS) -- Relates to health benefits for certain retired employees
Last Act : 05/14/01 signed chap. 31

DFHHK / SCSD-GOV

A4335

Tocci (MS) -- Provides for state to assume all costs of basic quality education; repealer

Last Act: 02/08/01 referred to education

DFHHK / SCSD-STAID

A4678

Winner -- Authorizes school districts to use an insurance reserve fund for losses for which accident and health insurance may be purchased

Last Act: 02/13/01 referred to education

DFHHK / SCSD-GOV

A4679

Winner -- Authorizes the Elmira city school district to use an insurance reserve fund for losses for which accident and health insurance may be purchased

Last Act: 04/03/01 reference changed to education

DFHHK / SCSD-GOV

A4808

Barra (MS) -- Provides that defeated school budgets or propositions may not be put up for a second vote in the same fiscal year; repealer

Last Act: 02/28/01 enacting clause stricken

DFHHK / SCSD-GOV

A5096

Casale (MS) -- Authorizes payment of state aid for students with handicapping conditions; resulting savings to be used to reduce taxes

Last Act: 02/20/01 referred to education

DFHHK / SCSD-STAID

A5100

Casale (MS) -- Allows a school district to vary requirements of transportation of students; requires approval of commissioner of education

Last Act: 02/20/01 referred to education

DFHHK / SCSD-GOV

A5101

Casale -- Reduces area within district for provision of transportation to school children

Last Act: 02/20/01 referred to education

DFHHK / SCSD-GOV

A5106

Galef -- Allows assessing units to grant to nuclear powered electric generating facilities exemption from taxation, special ad valorem levies and special assessments

Last Act: 02/20/01 referred to real property taxation

DFHHK / SCSD-RPTX

A5124

Hayes (MS) -- Authorizes granting of school tax exemption to veterans with at least forty percent disability

Last Act: 02/20/01 referred to veterans affairs

DFHHK / SCSD-RPTX

A5270

McEneny (MS) -- Places additional requirements upon charter school applicants before approval may be granted and the charter school opens

Last Act: 02/21/01 referred to education

DFHHK / SCSD-GOV

A5271

McEneny (MS) -- Excludes for-profit business or corporate entities from applying to establish a charter school

Last Act: 02/21/01 referred to education

DFHHK / SCSD-GOV

A5306

Tokasz -- Relates to excluding increased fuel costs from calculation of total spending increases in a contingency budget

Last Act: 06/11/01 REFERRED TO RULES

DFHHK / SCSD-GOV

A5606

Magee -- Relates to school aid in school districts having a pupil with a handicapping condition

Last Act: 02/27/01 referred to education

DFHHK / SCSD-STAID

A5643

DiNapoli (MS) -- Increases allowable amount of unexpended surplus funds which may be retained by a board of education to four percent of current school year budget

Last Act: 02/27/01 referred to real property taxation

DFHHK / SCSD-GOV

A5671A

Sanders -- Requires appropriate maintenance of local effort for all of the fiscally dependent Big 5 school districts

Last Act: 06/15/01 amend and recommit to ways and means 06/15/01 print number 5671a

DFHHK / SCSD-GOV

A5744

Vitaliano (MS) -- Allows property owners to apply the school tax relief exemption to property which may or may not be considered primary residence for other purposes

Last Act: 02/28/01 referred to real property taxation

DFHHK / SCSD-RPTX

A5881

Kirwan -- Authorizes the city school district of the city of Poughkeepsie to correct incorrect data submitted for determining its age facility index

Last Act: 05/15/01 reported referred to ways and means

DFHHK / SCSD-STAID

A5894

Sanders (MS) -- Creates the crime of aggravated harassment of teachers and school personnel and makes it a class A misdemeanor

Last Act: 03/01/01 referred to codes

DFHHK / SCSD-GOV

A5991

Schimminger -- Provides for the issuance of a superintendent's certificate to persons possessing exceptional qualifications in specific business operations

Last Act: 03/05/01 referred to education

DFHHK / SCSD-GOV

A5992

Sweeney -- Relates to real property tax exemption for first-time homebuyers of newly constructed or renovated homes

Last Act: 06/05/01 RETURNED TO ASSEMBLY

DFHHK / SCSD-RPTX

A6004A

Calhoun -- Provides that commissioner of education shall pay the Newburgh Enlarged City School District for minor maintenance and repairs for the 1998--1999 school year

Last Act: 04/03/01 amend (t) and recommit to education