Joint Budget Committee directs staff to draft limits on BOCES authorizations after hearing about 'enrichment' loophole

The Joint Budget Committee voted to direct staff to draft statutory language narrowing BOCES' authority and to keep a requirement directing the State Board of Education to clarify what counts as instructional time in homeschool enrichment programs.

Andrea Yule, JBC staff, told the committee the draft would create a new category for quarter‑time students and direct the State Board to adopt rules clarifying instructional time, but that the State Board ‘‘does not support’’ the quarter‑time funding change and instead recommended restricting BOCES to operating within their member districts. Yule said the committee’s data show rapid growth coming through a single BOCES and that many small subcontracted programs are being paid at half‑time funding despite providing only about 90 hours per semester.

Yule summarized the problem: ‘‘What is happening here is that we are paying halftime funding for quarter time students’’ and many of the programs authorized through one BOCES ‘‘don’t really resemble public school’’ because they include activities such as sports training, ski lessons and mountaineering.

Members pressed on funding equity and program content. Vice Chair Bridges asked how superintendents justify ‘‘paying twice as much for kids whose parents have chosen not to enroll them in public schools’’ and questioned whether taxpayers should be funding activities like ski passes; he said, ‘‘How in the world can they, with a straight face, ask us to not cut funding for this?’’

Staff said the data are imperfect but warned the scale is substantial: roughly 18,000 students participate statewide in these programs, and about half of that enrollment is submitted through District 49, the BOCES identified as authorizing many programs. Committee members discussed transition timing and possible immediate steps such as a moratorium on new out‑of‑district authorizations while statutes or rules are developed.

The motion instructing staff to draft statutory language limiting BOCES’ geographic authorizing authority, to retain direction to the State Board on defining instructional time, and to refine eligibility language passed 6–0. The committee asked for drafts that consider transition timing so enrolled students and fixed program costs are addressed.

The committee did not adopt a change to funding rates at this meeting; members signaled openness to further review of pay rates and program definitions in future sessions.

Next procedural steps: staff will prepare draft statutory language and options for timing (including possible moratorium or phased transition) for the committee’s review.