Nonpublic School Reimbursement Program for Certain Security Services

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Tuesday, July 19, 2016
Download Copy of Adopted Rule (.pdf): 

 

Statement of Basis and Purpose of Rules

On January 5, 2016, Local Law 2 of 2016 (“the Law”) was enacted.  The Law empowers the Mayor of the City of New York (“the Mayor”) to authorize a program to reimburse qualifying nonpublic schools for the cost of procuring certain security services.  By letter dated March 30, 2016, the Mayor authorized this reimbursement program for the 2016-17 school year.  The Law also authorizes the Mayor to designate an agency or agencies to administer the reimbursement program.  By letter dated March 10, 2016, the Mayor designated the Department of Citywide Administrative Services (“DCAS”) as the Law’s administering agency.  Finally, the Law authorizes DCAS to promulgate rules for the administration of the reimbursement program.  These rules:

  • Set forth the criteria and process governing the selection of qualified providers of security services;
  • Define the eligibility criteria applicable to nonpublic schools that seek to participate in the reimbursement program; and
  • Establish a process for schools to obtain reimbursement for procuring security guard services.

DCAS’s authority for these rules is found in sections 811 and 1043 of the New York City Charter and sections 10-172(c) and 10-172(m) of the Administrative Code of the City of New York.

In response to comments received following the publication of the proposed rules, the following changes were made to the proposed rules, which are reflected in the adopted rules:

  • Moved the insurance requirement from section 14-02(b)(7) to section 14-05(c), and added a requirement for Security Guard Companies to obtain worker’s compensation, employer’s liability and disability benefits insurance;
  • Added a requirement that Security Guard Companies retain records supporting their payment of prevailing wages and supplements to section 14-02(h);
  • Added a definition of pre-kindergarten students to section 14-03(ii);
  • Revised the start date for the school’s eligibility to seek reimbursement in section 14-05(a); and
  • Clarified that additional training requested by participating schools is not eligible for reimbursement in section 14-06(c).