NYSASCSD NEWSLETTER

May 2003 Vol. XVII, No. 5         NYSASCSD Website:  scsd.neric.org

STATE BUDGET UPDATE

As of the date and time (May 15,2003, 2:30 pm) of the writing of this newsletter the Senate and Assembly are in the process of voting to override the nearly 120 line item vetoes of the “two-way” state budget passed by the Legislature on May 2^nd. The margins of the override votes are substantial, being 62-0 in the Senate and 109-40 in most cases. This historic override vote is comforting news to the education community and to local taxpayers and will have far reaching consequences in Legislative-Executive dynamics in Albany for many years. While the overrides mean that the large program cuts and tax increases which would have resulted under the Governor’s budget have been avoided, the aid restorations do not offset the impact of cost increases experienced this year by most districts from increases in TRS contributions, health insurance, teacher contracts and the like. A detailed analysis of the Legislative Budget will be prepared and distributed to all districts by the Association in the next few days

SUMMER CONFERENCE UPDATE

Preparations for the upcoming summer conference are moving along well. The conference’s two days are being filled with speakers, meetings, seminars and of course opportunities for relaxation.

SUNDAY, AUGUST 10^TH

The early afternoon of Sunday, August 10^th has been set aside for conference registration, hotel check in and recreation. The Annual Board of Directors meeting will be held from 4:15 to 5:00pm and is open to all members. The Thomas Group has once again sponsored the following reception including entertainment by Dick Ford, pianist.

SPEAKER CONFIRMED

Eric J. Cooper, Ed.D.

The Association has confirmed that Eric Cooper, Ed.D., from the National Urban Alliance will be speaking.  Mr. Cooper is the President of the National Urban Alliance for Effective Education at the Council of Great City Schools in Washington, D.C. and the University of Georgia. His educational mission is to support the improvement of education for urban and minority students. He writes, lectures and produces television shows to provide advocacy for children who live in disadvantaged circumstances.

MONDAY, AUGUST 11^TH

Monday, August 11^th is scheduled to begin with breakfast and Annual Meeting to be followed up with the following seminars:

·        “Tech Connect” Moderated by Dr. Ronald Friedman, Long Beach CSD,

·        “International Reading Association” Moderated by Michael Egan, Fulton CSD and

·        “Experts Among Us” roundtable discussions among small city schools sharing their experiences, concerns and expertise on relevant topics.

We are looking forward to another productive and informative conference.

LEGAL CORNER

PER SESSION EMPLOYMENT TO BE INCLUDED IN PUBLIC SCHOOL TEACHERS’ RETIREMENT COMPUTATIONS

The New York State Court of Appeals has ruled that “per session” employment can be added to base salaries of public school teachers and that the addition will be included when retirement benefits are computed. The term “per session” employment refers to summer school, evening classes and extracurricular activities for example. There was a concern that teachers would pad their salaries during the years on which teacher retirement benefits are computed. The Court ruled that the nature of “per session” employment lends itself to close supervisory control and will not introduce such abuses. The Court further ruled that such employment is an integral part of public schools’ obligation to provide education.

LAWSUIT’S ATTEMPT TO FIND CURRENT SYSTEM OF ELECTING REGENTS AS UNCONSTITUTIONAL FAILS IN THREE NEW YORK COURTS

The Supreme Court, the appellate division and a unanimous Court of Appeals all ruled the current system of electing Regents is not unconstitutional as was claimed in LaValle v. Hayden, 98 N.Y.2d 155, 746 N.Y.S.2^nd 125. The Legislative body is charged with filling vacancies on the Board of Regents. When it fails to appoint a given nominee using the usual bicameral procedure, it may then use a “joint session” unicameral procedure where each legislator has one vote. Judge Ciparick of the Court of Appeals says in his opinion the constitution does not require a bicameral process for appointments as it does for lawmaking. Therefore it is constitutional to use the unicameral procedure when the bicameral procedure fails.

RURAL SCHOOLS ASSOCIATION ANNOUNCES AN OPENING FOR THE POSITION OF EXECUTIVE DIRECTOR

The Rural Schools Association’s long time Executive Director, Michael Joseph, has announced his retirement. The Rural Schools Association would like to extend this opening to our members. The Small Cities has worked closely with the Rural Schools over the years. The position is part-time and includes such responsibilities as serving as the Chief Executive Officer for the Board of Directors and directing activity of the Rural Schools Association in all areas of research, legislation and the sharing of information. The complete description of duties, qualifications, salary and instructions for application are included below.

IN MEMORIAM

HARVEY KAUFMAN

HARVEY KAUFMAN passed away March 1, 2003 at the age of 67. He had served as this association’s president and was instrumental in forming the association. He began his distinguished career as a teacher in Nanuet. His move to school administration led him to spend 23 years at the Cortland City Schools first as Superintendent for Business and then the Superintendent of Schools. He also worked as an interim Superintendent at Fulton City Schools. Expressions of sympathy may be sent to the family at 23 Circle Drive, Cortland, NY 13045.

DAVE GUIDO

DAVE GUIDO passed away this March at the age of 66. He served as a Cortland City School District board of education member, 9 years as a member and 8 years as the president. He also had a 33-year career as a teacher of history in the Homer School. John Lutz, Superintendent of Cortland City School District was quoted in the Cortland Standard as saying he did not, “…know anyone who gave more of his heart for children and schools. He was committed totally to doing what was best for the students, staff and taxpayers.”

FEDERAL EDUCATION BUDGET NEWS

The Senate passed the Federal fiscal year budget resolution at the end of March. Education amendments were passed and boosted spending for education by $8.2 billion over the President’s 2004 request. These amendments include money for special education and the No Child Left Behind Act.

The House’s version includes reconciliation instructions to reduce $9.7 billion in mandatory education spending, money coming over ten years from programs such as school lunch.

Please note: all of these recommendations are meant to be guidance for the Appropriations Committees and are not binding.

MEMBER NEWS

DANIEL LOWENGARD UTICA SUPERINTENDENT INVITED TO JOIN THE NEW YORK STATE COMMITTEE OF PRACTITIONERS

Daniel G. Lowengard, Superintendent of Utica City School Districts has been invited by James A. Kadamus, Deputy Commissioner NYS Education Department to join the NYS Committee of Practitioners. This committee is charged with advising New York State in carrying out its responsibilities under the No Child Left Behind Act. Deputy Commissioner Kadamus stated, “With your background and experience, I know that you will bring a needed perspective to the committee deliberations.”

DICESARE LAUDED FOR LEADERSHIP

Small Cities President and Superintendent of Beacon City School District Vito DiCesare was recognized at the annual Black Caucus Legislative Conference for his leadership role in advancing technology-based educational achievements within the district. The event was reported in the Beacon Free Press (October 2, 2002). In the article, Mr. DiCesare was reluctant to take all the credit. He credits the entire administration team, the board of education and staff of the district and says, “It was an honor to be the ambassador of all the hard-working individuals in Beacon.”

REQUEST FOR HELP FROM NEW ROCHELL CITY SCHOOL DISTRICT

REGARDING

DISTRICT’S BUDGET VOTE PROCEEDURE CHANGES

Linda Kelly, Superintendent New Rochelle City School District writes:

Dear Colleagues,

Our city library has been determined by SED to be a school district library and, for the first time, will have a separate proposition/vote, could you please have your business official fax or e-mail a copy of the ballot containing the wording of the library proposition to Thom Ryan, our business official. Thank you for your help.

(914-576-4240 phone, 914-576-5395 fax, email tryan@csdnr.lhric.org)

PRIORITY BILLS

A1892 Sanders (MS) -- Increases the age for mandatory education from 16 to 17 years of age
Same as S 1530 KUHL
BLURB : Ed L. mand. edn. inc. age
SUMM : Amd SS2, 3205, 3206 & 3217, Ed L Increases the age after which a minor may not be required to attend school from sixteen to seventeen; authorizes school officials to require attendance up to eighteen years of age in certain cases.

04/14/03 reported referred to ways and means

DFHHK / SCSD-EDPRO

DFHHK / SCSD-GOV

A2103B           Budget -- EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET
Same as S 1403-B BUDGET BILL
BLURB : Education,labor & family assistan
SUMM : Makes appropriations for the support of government - Education, Labor and Family Assistance Budget.

04/27/03 amend (t) and recommit to ways and means
04/27/03 print number 2103b

DFHHK / SCSD-STAID

A2824 Weinstein (MS) -- Relates to health benefits for certain retired employees
Same as S 1343 FARLEY
BLURB : Retire. hlth bens emps sch dstr
SUMM : Amd S1, Chap 729 of 1994 Extends for one year provisions relating to health benefits for retired employees of school districts and certain boards which prohibit the diminution of health insurance benefits provided to such retired employees unless there is a corresponding diminution of benefits or contributions for the current active group of employees.

04/14/03 reported
04/24/03 advanced to third reading cal.316
04/28/03 substituted by s1343
          S01343     FARLEY
     04/28/03 substituted for a2824
     04/28/03 ordered to third reading cal.316
     04/28/03 passed assembly
     04/28/03 returned to senate

DFHHK / SCSD-GOV

A2828A           Weinstein (MS) -- Makes permanent certain provisions prohibiting the diminution of health insurance benefits for retirees of school districts and certain boards
Same as S 1392-A FARLEY
BLURB : Retire. hlth bens emps sch dstr
SUMM : Amd S1, Chap 729 of 1994 Makes permanent provisions relating to health benefits for retired employees of school districts and certain boards which prohibit the diminution of health insurance benefits provided to such retired employees unless there is a corresponding diminution of benefits or contributions for the current active group of employees.

04/14/03 reported
04/24/03 advanced to third reading cal.317
04/28/03 passed assembly
04/28/03 delivered to senate
04/28/03 REFERRED TO CIVIL SERVICE AND PENSIONS

DFHHK / SCSD-GOV

A7016 Tokasz -- Relates to excluding increased fuel costs from calculation of total spending increases in a contingency budget
Same as S 2023 SALAND
BLURB : Ed L. exclude fuel costs
SUMM : Amd S2023, Ed L Relates to excluding increased fuel costs from calculation of total spending increases in a contingency budget.

04/14/03 reported referred to ways and means

DFHHK / SCSD-GOV

A7922A           Rules (DelMonte) -- Authorizes Niagara Falls City school district to reimburse excess state aid payments over 6 years
Same as S 3926-A BROWN
BLURB : Niagara Falls CSD; excs payment
SUMM : Authorizes the Niagara Falls City school district to reimburse the education department for certain excess school aid payments made during the 1999 - 2000 school year over 6 years, without interest.

04/15/03 amend and recommit to education
04/15/03 print number 7922a

DFHHK / SCSD-GOV

A7976 Rules (Sanders) -- Provides for disregarding certain school district expenditures in calculating total spending for purposes of contingency budget year over year increase limitations
No same as
BLURB : Ed L. cont. bud. spend exclusions
SUMM : Amd S2023, Ed L Provides for disregarding certain school district expenditures in calculating total spending for purposes of contingency budget year over year increase limitations: insurance payments; utility costs; employee benefit accrued liability; and retirement incentive expenditures.

04/14/03 reported referred to ways and means

DFHHK / SCSD-GOV

A8023 Rules (Sanders) -- Relates to the adjournment of school district elections and budget votes in certain school districts until June 3, 2003
Same as S 4286 SALAND
BLURB : Ed L. adjourn school budget votes
SUMM : Amd S2022, Ed L Provides for the adjournment of school district elections and budget votes in common, union free, central, central high school and small city school districts until June 1, 2003.

04/14/03 reported referred to rules
04/14/03 rules report cal.39
04/14/03 ordered to third reading rules cal.39
04/14/03 passed assembly
04/14/03 delivered to senate
04/14/03 REFERRED TO EDUCATION
04/14/03 SUBSTITUTED FOR S4286
04/14/03 3RD READING CAL.468
04/14/03 PASSED SENATE
04/14/03 RETURNED TO ASSEMBLY
04/14/03 delivered to governor
04/18/03 vetoed memo.1
04/18/03 tabled
04/28/03 taken from table
04/28/03 motion to override veto by governor
04/28/03 repassed assembly
04/28/03 returned to senate

DFHHK / SCSD-GOV

A8292 Rules (Destito) -- Relates to permitting a small city school district to accrue as current year revenue uncollected taxes which are levied in the current year and payable in subsequent years
No same as
BLURB : Ed L. accrual of uncollected tax
SUMM : Amd S2503, Ed L Permits a small city school district to accrue as current year revenue uncollected taxes which are levied in the current year and reimbursed in subsequent years by the city.

04/25/03 referred to education

DFHHK / SCSD-RPTX

S548    ANDREWS -- Clarifies provision requiring the maintenance and support of a system of free common schools to make clear that "through grade twelve" is what is meant
Same as A 6715 Perry
BLURB : Const. free schools to grade 12
SUMM : Amd Art 11 S1, Constn Clarifies provision requiring the maintenance and support of a system of free common schools to make clear that "through grade twelve" is what is meant.

04/22/03 OPINION REFERRED TO JUDICIARY

DFHHK / SCSD-STAID

S1343  FARLEY -- Relates to health benefits for certain retired employees
Same as A 2824 Weinstein
BLURB : Retire. hlth bens emps sch dstr
SUMM : Amd S1, Chap 729 of 1994 Extends for one year provisions relating to health benefits for retired employees of school districts and certain boards which prohibit the diminution of health insurance benefits provided to such retired employees unless there is a corresponding diminution of benefits or contributions for the current active group of employees.

04/28/03 substituted for a2824
04/28/03 ordered to third reading cal.316
04/28/03 passed assembly
04/28/03 returned to senate

DFHHK / SCSD-GOV

S1403B           BUDGET -- Education, Labor and Family Assistance
Same as A 2103-B BUDGET BILL
BLURB : Educ; Lab. & Fam. Assist
SUMM : Makes appropriations for the support of government - Education, Labor and Family Assistance Budget.

04/27/03 AMEND (T) AND RECOMMIT TO FINANCE
04/27/03 PRINT NUMBER 1403B

DFHHK / SCSD-STAID

S2512A           SPANO -- Enacts the educational standards and assessment act of 2003, allowing schools to create an alternative assessment procedure
Same as A 619 Brodsky
BLURB : Ed L. ed standards and assess act
SUMM : Add S319, Ed L Enacts the educational standards and assessment act of 2003; allows school districts which have identified either individual students or groups of students suitable therefor to create an alternative assessment procedure; provides requirements for such procedures and provides for regional assessment panels.

04/25/03 AMEND AND RECOMMIT TO EDUCATION
04/25/03 PRINT NUMBER 2512A

DFHHK / SCSD-EDPRO

S3926A           BROWN -- Authorizes Niagara Falls City school district to reimburse excess state aid payments over 6 years
Same as A 7922-A RULES COM DelMonte
BLURB : Niagara Falls CSD; excs payment
SUMM : Authorizes the Niagara Falls City school district to reimburse the education department for certain excess school aid payments made during the 1999 - 2000 school year over 6 years, without interest.

04/15/03 AMEND AND RECOMMIT TO EDUCATION
04/15/03 PRINT NUMBER 3926A

DFHHK / SCSD-GOV

S4286  SALAND -- Relates to the adjournment of school district elections and budget votes in certain school districts until June 3, 2003
Same as A 8023 RULES COM Sanders
BLURB : Ed L. adjourn school budget votes
SUMM : Amd S2022, Ed L Provides for the adjournment of school district elections and budget votes in common, union free, central, central high school and small city school districts until June 1, 2003.

04/14/03 COMMITTEE DISCHARGED AND COMMITTED TO RULES
04/14/03 ORDERED TO THIRD READING CAL.468
04/14/03 SUBSTITUTED BY A8023
          A08023     Rules (Sanders)
     04/14/03 reported referred to rules
     04/14/03 rules report cal.39
     04/14/03 ordered to third reading rules cal.39
     04/14/03 passed assembly
     04/14/03 delivered to senate
     04/14/03 REFERRED TO EDUCATION
     04/14/03 SUBSTITUTED FOR S4286
     04/14/03 3RD READING CAL.468
     04/14/03 PASSED SENATE
     04/14/03 RETURNED TO ASSEMBLY
     04/14/03 delivered to governor
     04/18/03 vetoed memo.1
     04/18/03 tabled
     04/28/03 taken from table
     04/28/03 motion to override veto by governor
     04/28/03 repassed assembly
     04/28/03 returned to senate

DFHHK / SCSD-GOV

S4446  GOLDEN -- Establishes a loan guarantee program for charter schools
Same as A 7204 Hoyt
BLURB : Pub Aut. loan guar. prog. charter
SUMM : Add S1689-h, Pub Auth L; amd S97-sss, St Fin L Establishes a loan guarantee program for charter schools.

04/14/03 REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

DFHHK / SCSD-GOV

S4452  KUHL -- Relates to setting of salary cap for a district superintendent
No same as
BLURB : Ed L. district superinted; salary
SUMM : Amd S1950, Ed L Relates to setting of salary cap for a district superintendent beginning in 2003-2004 which is either 106% of the cap in the preceding year or 98% of the commissioner's salary in the 2003-2004 school year, whichever is less; provides that an employee of a board of cooperative educational services who is appointed district superintendent shall vacate such prior position with the board.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD-GOV

S4469  JOHNSON -- Relates to restrictions on expenditures under a contingency school budget
No same as
BLURB : Ed L. contingency budget; limits
SUMM : Amd S2023, Ed L Provides that a contingency budget shall not result in a percentage increase in total spending over the district's total spending under the school district budget for the prior school year that exceeds the greater of: (i) the result obtained when one hundred twenty percent is multiplied by the percentage increase in the consumer price index, with the result rounded to two decimal places; or (ii) four percent.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD-GOV

S4530  SALAND -- Provides for creating a temporary commission to promote local interagency collaboration for school and community violence prevention and children and family service integration
Same as A 6790 Sanders
BLURB : Exec. temp comm; violence prevent
SUMM : Add Art 49-C SS996 - 996-l, Exec L Enacts the "New York Local Interagency School and Community Violence Prevention and Services Integration Act of 2003", providing for creating a temporary commission to promote local interagency collaboration for school and community violence prevention and children and family service integration; calls for demonstration projects to be run by not-for-profit corporations; provides for expiration on March 31, 2009.

04/14/03 REFERRED TO FINANCE

DFHHK / SCSD-EDPRO

S4536  OPPENHEIMER -- Authorizes payment of building aid to Rye city school district for certain construction expenses incurred 7/1/94-6/30/95
No same as
BLURB : Educ. Rye school building aid
SUMM : Authorizes payment of building aid to the Rye City School District for extraordinary school capital needs program aid expenses incurred for the period July 1, 1994 through June 30, 1995.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD

S4580  FUSCHILLO -- Provides that parent or guardian shall give notice to school district wherein child resides of intent to send child to charter school
Same as A 6438 Galef
BLURB : Ed L. notice,attend chart. school
SUMM : Amd S2854, Ed L Provides that parent or guardian shall give notice to school district wherein child resides of intent to send child to charter school; such notice shall be sent prior to April first in the year that the child is to attend the charter school in September, or within thirty days of establishing residence in the school district.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD-GOV

S4632  ALESI -- Authorizes school district superintendents to expend unanticipated revenues received from the state in the same school year in which received
No same as
BLURB : Ed L. unanticipated revenues; exp
SUMM : Amd S1718, Ed L Authorizes school district superintendents to expend unanticipated revenues received from the state in the same school year in which received; defines unanticipated revenues as those that could not be anticipated due to the failure of the state legislature to act on a state budget within twenty-five days of April first; delineates the purposes for which such revenues may be used; imposes certain prohibitions.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD-GOV

DFHHK / SCSD-STAID

S4705  DEFRANCISCO -- Establishes an operating expense foundation grant as an alternative in the computation of alternate operating aid
No same as
BLURB : Ed L. operating expense foundatin
SUMM : Amd S3602, Ed L Establishes an operating expense foundation grant as an alternative in the computation of alternate operating aid for school districts; establishes calculations therefor; limits the calculation of tax equalization aid to school years prior to the 2004-2005 school year; insures that the transition caps contained in the present law do not apply to funds attributable to the supplemental foundation grant.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD-STAID

S4708  DEFRANCISCO -- Excludes school athletic sports officials from certain fingerprinting requirements
Same as A 6167 Crouch
BLURB : Ed L. sport offic no fingerprints
SUMM : Amd SS305, 1604, 1709, 1804, 1950, 2503, 2554 & 2854, Ed L Excludes school athletic sports officials, including but not limited to, referees, umpires and judges, from certain fingerprinting requirements.

04/14/03 REFERRED TO EDUCATION

DFHHK / SCSD-GOV

DATES TO REMEMBER

JUNE 6, 2003
ASSOCIATION BOARDMEETING
12:00pm
DeGraff, Foy - Albany

AUGUST 10-11, 2003
SUMMER CONFERENCE, ANNUAL MEETING AND BOARD MEETING
Thayer Hotel, West Point