(2) Notwithstanding any inconsistent provision of law in no event
shall the total salary including amounts paid pursuant to section
twenty-two hundred nine of this chapter for district superintendents for
the two thousand nineteen--two thousand twenty school year or any
subsequent school year exceed: (i) one hundred six percent of the salary
cap applicable in the preceding school year, or (ii) ninety-eight
percent of that earned by the commissioner in the two thousand
thirteen--two thousand fourteen state fiscal year, whichever is less. In
no event shall any district superintendent be permitted to accumulate
vacation or sick leave credits in excess of the vacation and sick leave
credits managerial/confidential employees of the state are permitted to
accumulate pursuant to regulations promulgated by the state civil
service commission, nor may any district superintendent at the time of
separation from service be compensated for accrued and unused vacation
credits or sick leave, or use accrued and unused sick leave for
retirement service credit or to pay for health insurance in retirement,
at a rate in excess of the rate permitted to managerial/confidential
employees of the state pursuant to regulations of the state civil
service commission. In addition to the payment of supplementary salary,
a board of cooperative educational services may provide for the payment
of all or a portion of the cost of insurance benefits for the district
superintendent of schools, including but not limited to health
insurance, disability insurance, life insurance or any other form of
insurance benefit made available to managerial/confidential employees of
the state; provided that any such payments for whole life, split dollar
or other life insurance policies having a cash value shall be included
in the total salary of the district superintendent for purposes of this
subparagraph, and provided further that any payments for the employee
contribution, co-pay or uncovered medical expenses under a health
insurance plan also shall be included in the total salary of the
district superintendent. Notwithstanding any other provision of law,
payments for such insurance benefits may be based on the district
superintendent's total salary or the amount of his or her supplementary
salary only. Any payments for transportation or travel expenses in
excess of actual, documented expenses incurred in the performance of
duties for the board of cooperative educational services or the state,
and any other lump sum payment not specifically excluded from total
salary pursuant to this subparagraph, shall be included in the total
salary of the district superintendent for purposes of this subparagraph.
Nothing herein shall prohibit a district superintendent from waiving any
rights provided for in an existing contract or agreement as hereafter
prohibited in favor of revised compensation or benefit provisions as
permitted herein. In no event shall the terms of the district
superintendent's contract, including any provisions relating to an
increase in salary, compensation or other benefits, be contingent upon
the terms of any contract or collective bargaining agreement between the
board of cooperative educational services and its teachers or other
employees. The commissioner may adopt regulations for the purpose of
implementing the provisions of this paragraph.
(3) Notwithstanding any provision of law to the contrary, any employee
of a board of cooperative educational services who is appointed as the
district superintendent of schools shall vacate his or her prior
position with the board of cooperative educational services upon
appointment as district superintendent, and no district superintendent
shall have a contract of employment with the board of cooperative
educational services other than a contract entered pursuant to this
paragraph.
b. (1) Prepare, prior to the annual meeting of members of the boards
of education and school trustees, held as provided in paragraph o of
this subdivision, a tentative budget of expenditures for the program
costs, a tentative budget for capital costs, and a tentative budget for
the administration costs of the board of cooperative educational
services. Such budgets shall include the proposed budget for the
upcoming school year, the previous school year's actual costs and the
current school year's projected costs for each object of expenditure.
Such program, capital and administrative budgets shall be separately
delineated in accordance with the definition of program, capital and
administrative costs which shall be promulgated by the commissioner
after consultation with school district officials and the director of
the budget. Personal service costs for each budget shall include the
number of full-time equivalent positions funded and total salary and,
except as noted herein, fringe benefit costs for such positions by
program. Each program budget shall also include the local and statewide
unit costs of such programs and services proposed for the upcoming
school year, such actual unit costs for the previous school year, and
the current school year's projected unit costs, all established in
accordance with paragraph d of this subdivision. The capital budget
shall include facility construction and lease expenditures authorized
pursuant to paragraphs p, t and u of this subdivision, payments for the
repayment of indebtedness related to capital projects, payments for the
acquisition or construction of facilities, sites or additions, provided
that such budget shall contain a rental, operations and maintenance
section that will include base rent costs, total rent costs, operations
and maintenance charges, cost per square foot for each facility rented
or leased by such board of cooperative educational services, and any and
all expenditures associated with custodial salaries and benefits,
service contracts, supplies, utilities, maintenance and repairs for such
facilities, and that such budget shall include the annual debt service
and total debt for all facilities financed by bonds or notes of the
component districts, annual rental and lease payments and total rental
and lease costs for all facilities rented by such board; such capital
budget shall also include expenditures resulting from court judgments
and orders from administrative bodies or officers, and, to the extent a
board's administrative budget has been adopted, one-time costs incurred
in the first year in which an employee retires. The administrative
budget shall include, but need not be limited to, office and central
administrative expenses, traveling expenses and salaries and benefits of
supervisors and administrative personnel necessary to carry out the
central administrative duties of the supervisory district, any and all
expenditures associated with the board, the office of district
superintendent, general administration, central support services,
planning, and all other administrative activities. Such administrative
budget shall also specify the amount of supplementary salary and
benefits, if any, which the board determines should be paid to the
district superintendent of schools and the board shall append to such
budget a detailed statement of the total compensation to be paid the
district superintendent of schools by the board, including a delineation
of the salary, annualized cost of benefits and any in-kind or other form
of remuneration to be paid, plus, commencing with the presentation of
the budget for the nineteen hundred ninety-seven--ninety-eight school
year, a list of items of expense eligible for reimbursement on expense
accounts in the ensuing school year and a statement of the amount of
expenses paid to the district superintendent of schools in the prior
year for purposes of carrying out his or her official duties.
(2) The board of cooperative educational services shall provide copies
of such tentative budgets and attachments to the trustees or board of
education of each component school district of the board of cooperative
educational services at least ten days prior to the annual meeting held
pursuant to paragraph o of this subdivision. Such trustees or boards of
education shall make such budgets available to the residents of their
respective school districts upon request.
(3) The board of cooperative educational services shall comply with
any reasonable requests for additional information not contained in such
budgets which may be requested prior to the annual meeting held pursuant
to paragraph o of this subdivision.
(4) The board of cooperative educational services shall give public
notice of the annual meeting held pursuant to paragraph o of this
subdivision by publishing a notice once each week within the two weeks
preceding the annual meeting held as provided in paragraph o of this
subdivision, the first publication to be at least fourteen days before
such meeting, in two newspapers if there be two, or in one newspaper if
there shall be but one, having general circulation within the board of
cooperative educational services. If no newspaper shall have general
circulation therein, said notice shall be posted in at least twenty of
the most public places in the board of cooperative educational services
at least fourteen days before such meeting. Such notice shall state that
the tentative budgets will be presented by the board of cooperative
educational services to the trustees or board of education of each
component school district of the board of cooperative educational
services in attendance at such meeting. Such notice shall also include a
summary of the tentative administrative, capital and program budgets in
a form prescribed by the commissioner. The summary of the administrative
budget shall include, but shall not be limited to, the salary and
benefits of supervisors and administrative personnel of the board of
cooperative educational services and the total compensation payable to
the district superintendent of schools. Such notice shall also indicate
when a copy of the tentative budgets will be available for inspection by
the public during regular business hours at one or more locations
specified in the notice.
(5) The trustees or board of education of each component school
district of the board of cooperative educational services shall adopt a
public resolution which shall approve or disapprove such tentative
administrative budget at a regular or special meeting to be held within
the component district on the date designated pursuant to subdivision
two-a of this section as the date for election of members of the board
of cooperative educational services, or in the case of the board of
education of a central high school district on the regular business day
next following such designated date.
If the resolutions adopted by the trustees or boards of education of a
majority of the component school districts of the board of cooperative
educational services actually voting approve the tentative
administrative budget, the board of cooperative educational services may
adopt the tentative administrative budget without modification. If a
majority of the component school districts actually voting fail to adopt
resolutions approving such tentative administrative budget, or if the
number of component school districts approving the budget equals the
number of school districts disapproving the budget, the board of
cooperative educational services shall prepare and adopt a contingency
administrative budget which shall not exceed the amount of the
administrative budget of the board of cooperative educational services
for the previous school year except to accommodate expenditure increases
attributable to supplemental retirement allowances payable pursuant to
section five hundred thirty-two of this chapter and section
seventy-eight of the retirement and social security law.
(6) Notwithstanding any other provision of this section, any component
school district which will be transferred to a new supervisory district
as of July first next succeeding the date designated for the vote on the
tentative administrative budget shall vote on the administrative budget
of the board of cooperative educational services to which it will be
transferred, as if such transfer had already occurred. Where the
commissioner has issued an order for the merger of two or more
supervisory districts to take effect on July first, in the school year
immediately preceding the merger, the boards of cooperative educational
services to be merged shall jointly prepare a program, administrative
and capital budget for the merged board of cooperative educational
services and shall jointly conduct a vote on the tentative
administrative budget of the merged board of cooperative educational
services in accordance with this paragraph as if the merger was already
in effect. In the event such a merger does not take effect on July
first, the commissioner shall be authorized to order the boards of
cooperative educational services to be merged to develop program,
administrative and capital budgets and conduct a vote on administrative
budgets in the manner prescribed by this section on dates other than
those specified in this section.
(7) Each component school district shall transmit the resolution
either approving or disapproving the board of cooperative educational
services' tentative administrative budget no later than one business day
after the adoption of such resolution. The board of cooperative
educational services shall, no later than the fifteenth day of May,
adopt the final program, capital and administrative budgets for the
ensuing year. Except as provided in paragraph d of this subdivision,
subparagraph (a) of paragraph p of this subdivision, and subdivision one
of section nineteen hundred fifty-one of this article, such
administrative and capital budgets, when so adopted, after deducting
state aid applicable thereto, shall be a charge against all of the
component school districts in the supervisory district and each
component school district's proportionate share shall be determined by
the board of cooperative educational services according to weighted
average daily attendance or according to true valuation or according to
resident public school district enrollment as defined in paragraph n of
subdivision one of section thirty-six hundred two of this chapter except
that only one method shall be applied among the component districts of a
board of cooperative educational services in any year, unless otherwise
provided by law. In a merged supervisory district in the county of
Suffolk each component school district's proportionate share of such
administrative and capital budgets may be determined according to
weighted average daily attendance, according to true valuation, or
according to using the weighted average daily attendance for a certain
percentage of the cost and true valuation for a certain percentage of
administrative and capital costs. Such costs, in a merged supervisory
district in the county of Suffolk, apportioned by using weighted average
daily attendance and true valuation shall be subject to adjustment by
the board of cooperative educational services in a manner that will
minimize the annual change in costs for the greatest number of component
districts. Such percentages shall be established by the board of
cooperative educational services upon the approval of the component
districts subject to the final approval of the commissioner. It is
further provided that such administrative budget approved by the board
shall be subject to review by the commissioner to determine: (i) the
level of administrative savings achieved by the merger and (ii) if such
administrative savings equals or exceeds the level identified by the
merger planning task force appointed by the district superintendent. If
the board of cooperative educational services determines to change the
method of apportioning administrative costs and capital expenses from
that followed in the previous year, such determination may be made only
if the board of cooperative educational services has conducted a hearing
at a regular or special meeting of such board which all members of
boards of education and school trustees have been invited to attend,
such hearing to be held at least thirty days prior to the annual meeting
of members of boards of education and school trustees. In the
Putnam/North Westchester board of cooperative educational services, each
component district's proportionate share of such administrative and
capital budgets may also be determined by using the weighted average
daily attendance for a certain percentage and the true valuation for a
certain percentage. Such percentages shall be applied according to
clause (i) of this subparagraph.
(i) The three methods of apportionment of administrative and capital
expenses are as follows: (1) in accordance with the ratio which the
component school district's total full or true valuation in effect at
the time of the adoption of the budget bears to the total true or full
valuation of all of the component school districts within the board of
cooperative educational services, (2) by dividing the total amount of
such administrative and capital expenses by the total weighted average
daily attendance of pupils residing in all component school districts
contained within the board of cooperative educational services and
attending a public school and multiplying by the weighted average daily
attendance of such resident pupils in each of the component school
districts, or (3) by dividing the total amount of such administrative
and capital expenses by the total resident public school district
enrollment of all component school districts contained within the board
of cooperative educational services and multiplying by the resident
public school district enrollment of the component school districts. In
addition, in a merged supervisory district in the county of Suffolk,
where a combination of the first and second methods could be applied as
provided in the opening paragraph of this subparagraph may be utilized.
In the Putnam/North Westchester board of cooperative educational
services, where a combination of the first and second methods is
utilized, the percentages shall be used as follows: for the two thousand
five-two thousand six school year, ninety percent using true valuation
and ten percent using the weighted average daily attendance; for the two
thousand six-two thousand seven school year, eighty percent using true
valuation and twenty percent using the weighted average daily
attendance; for the two thousand seven-two thousand eight school year,
seventy percent using true valuation and thirty percent using the
weighted average daily attendance; for the two thousand eight-two
thousand nine school year, sixty percent using true valuation and forty
percent using the weighted average daily attendance; and for the two
thousand nine-two thousand ten school year and any school year
thereafter, fifty percent using true valuation and fifty percent using
the weighted average daily attendance.
(ii) If the board of cooperative educational services chooses to
apportion administrative costs and capital expenses according to full or
true valuation, special school districts authorized to receive state aid
in accordance with chapter five hundred sixty-six of the laws of
nineteen hundred sixty-seven, as amended, shall have their full value
for purposes of this section computed by multiplying the resident
weighted average daily attendance by the state average full valuation
per pupil as established by the commissioner for the year in which the
budget is adopted. The school authorities of each component school
district shall add such amount to the budget of such component districts
and shall pay such amount to the treasurer of the board of cooperative
educational services and shall be paid out by the treasurer upon the
orders of the board of cooperative educational services issued and
executed in pursuance of a resolution of said board.
c. Make or cause to be made surveys to determine the need for
cooperative educational services in the supervisory district and present
the findings of their surveys to local school authorities. Each board of
cooperative educational services shall prepare long range program plans,
including special education and career education program plans, to meet
the projected need for such cooperative educational services in the
supervisory district for the next five years as may be specified by the
commissioner, and shall keep on file and make available for public
inspection and review by the commissioner such plans and thereafter
annual revisions of such plans on or before the first day of December of
each year, provided that such plans may be incorporated into a board of
cooperative educational services district-wide comprehensive plan.
d. (1) Aidable shared services. At the request of component school
districts, and with the approval of the commissioner, provide any of the
following services on a cooperative basis: school nurse teacher,
attendance supervisor, supervisor of teachers, dental hygienist,
psychologist, teachers of art, music, physical education, career
education subjects, guidance counsellors, operation of special classes
for students with disabilities, as such term is defined in article
eighty-nine of this chapter; pupil and financial accounting service by
means of mechanical equipment; maintenance and operation of cafeteria or
restaurant service for the use of pupils and teachers while at school,
and such other services as the commissioner may approve. Such cafeteria
or restaurant service may be used by the community for school related
functions and activities and to furnish meals to the elderly residents
of the district, sixty years of age or older. Utilization by elderly
residents or school related groups shall be subject to the approval of
the board of education. Charges shall be sufficient to bear the direct
cost of preparation and serving of such meals, exclusive of any other
available reimbursements.
* (2) Certain services prohibited. Commencing with the nineteen
hundred ninety-seven--ninety-eight school year, the commissioner shall
not be authorized to approve as an aidable shared service pursuant to
this subdivision any cooperative maintenance services or municipal
services, including but not limited to, lawn mowing services and
heating, ventilation or air conditioning repair or maintenance or trash
collection, or any other municipal services as defined by the
commissioner. On and after the effective date of this paragraph, the
commissioner shall not approve, as an aidable shared service, any new
cooperative maintenance or municipal services for the nineteen hundred
ninety-six--ninety-seven school year, provided that the commissioner may
approve the continuation of such services for one year if provided in
the nineteen hundred ninety-five--ninety-six school year. No service
provided to an out-of-state school district pursuant to subparagraph ten
of paragraph h of this subdivision shall be eligible for aid.
* NB Effective until July 1, 2024
* (2) Certain services prohibited. Commencing with the nineteen
hundred ninety-seven--ninety-eight school year, the commissioner shall
not be authorized to approve as an aidable shared service pursuant to
this subdivision any cooperative maintenance services or municipal
services, including but not limited to, lawn mowing services and
heating, ventilation or air conditioning repair or maintenance or trash
collection, or any other municipal services as defined by the
commissioner. On and after the effective date of this paragraph, the
commissioner shall not approve, as an aidable shared service, any new
cooperative maintenance or municipal services for the nineteen hundred
ninety-six--ninety-seven school year, provided that the commissioner may
approve the continuation of such services for one year if provided in
the nineteen hundred ninety-five--ninety-six school year.
* NB Effective July 1, 2024
(2-a) Cost effectiveness of instructional and non-instructional
technology. Notwithstanding any other provision of this section to the
contrary, expenditures incurred pursuant to purchase and/or installation
contracts entered into on or after January fifteenth, two thousand, for
the following categories of instructional and non-instructional
technology purchase and installation:
(i) computer equipment,
(ii) conduits,
(iii) wiring,
(iv) powering and testing of hardware installations,
(v) all costs associated with lease or purchase of local or wide area
network hardware located on district property, and
(vi) incidental costs for original purchase and installation of
hardware, including installation of basic operating systems software
required for hardware testing,
shall not be considered an aidable shared service unless the component
school district is able to demonstrate that such shared service would be
more cost-effective than would otherwise be possible if such services
were to be purchased without the involvement of a board of cooperative
educational services. Any aid that may be payable for such shared
service pursuant to subdivision five of this section shall be excluded
in the demonstration and determination of cost-effectiveness and cost
savings pursuant to this subdivision. The commissioner shall issue
guidelines to advise component school districts in their determination
of cost-effectiveness. Notwithstanding any other provision of law, if a
component school district determines that any instructional and
non-instructional technology purchase and installation from the board of
cooperative educational services are not cost effective, as determined
pursuant to this paragraph, the commissioner shall, upon request, assist
the school district to enter into a cooperative service agreement
(CO-SER) with another BOCES, which is cost effective in the provision of
such technology purchases and installations.
(3) Requests for shared services; operating plan; required notice.
Requests for such shared services shall be filed by component school
districts with the board of cooperative educational services not later
than the first day of February of each year, provided that such requests
shall not be binding upon the component school district. The board of
cooperative educational services shall submit its proposed annual
operating plan for the ensuing school year to the department for
approval not later than the fifteenth day of February of each year. Such
board shall, through its executive officer, notify each component school
district on or before the tenth day of March concerning the services
which have been approved by the commissioner to be made available for
the ensuing school year. Such notice shall set forth the local uniform
cost of each such service, based on (i) anticipated participation in the
ensuing school year, or (ii) participation in the current year, or (iii)
a two or three year average including participation in the current year,
which unit cost shall be the same for all participating component
districts and shall be based upon a uniform methodology approved
annually by at least three-quarters of the participating component
school districts after consultation by local school officials with their
respective boards; provided, however, such unit cost shall be subject to
final adjustment for programs for students with disabilities based on
actual participation in accordance with regulations of the commissioner.
Notwithstanding the determination of the local uniform unit cost
methodology selected in accordance with this paragraph, each board of
cooperative education services shall annually report to the commissioner
the budgeted unit cost and, when available, the actual unit cost of such
programs and services, in accordance with both the local uniform unit
cost methodology and a statewide uniform unit cost methodology
prescribed by the commissioner by regulation, where the budgeted
statewide unit cost shall be based on the anticipated participation in
the ensuing year and the actual statewide unit cost shall be based on
actual participation through the end of each year.
(4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May following such
notification notify the board of cooperative educational services of its
intention to participate or not to participate in such shared services
and the specific services which such district elects to utilize. Each
participating component school district shall be required to pay the
board of cooperative educational services for the cost of the services
set forth in such notification, except for adjustments caused by
subsequent unanticipated changes in the district's enrollment. The board
of cooperative educational services shall enter into contracts with its
component school districts for such requested services. A copy of each
executed contract for such purpose shall be filed with the commissioner
by the board of cooperative educational services on or prior to the
first day of August of each year. Notwithstanding the provisions of
paragraph b of this subdivision, any component school district which
does not elect to participate in any such specific cooperative services
authorized under this paragraph shall not be required to pay any share
of the moneys provided in the budget as salaries of teachers or other
personnel employed in providing such service, for equipment and supplies
for such service or for transportation of pupils to and from the place
where such service is maintained. Provided, further, that a board of
cooperative educational services may allocate the cost of such services
to component school districts in accordance with terms agreed upon
between such board and three-quarters of the boards of education and
trustees of local school districts participating in the service.
(5) Operating plan and budget; unanticipated shared services. The
board of cooperative educational services shall submit to the
commissioner on or before the first day of June an operating plan and
budget based upon the request for services which it has received from
its component school districts. Such submission shall include the
budgeted unit cost of programs and services based on both the local and
the statewide uniform unit cost methodologies for each program and
service offered by the board of cooperative educational services. A
board of cooperative educational services which receives requests for
unanticipated shared services subsequent to the adoption of its budget
shall submit an amended operating plan including such additional shared
services to the commissioner, together with a statement from the chief
school administrator of each school district which has requested such
services indicating the availability of funds in the budget of the
school district to pay for such district's share of the cost of such
additional services. Such amended plan shall be submitted in the manner
and form prescribed by regulations of the commissioner. The board of
cooperative educational services shall allocate the cost of providing
such additional shared services among the component school districts
which have requested such services, and shall contract with the
component school districts for such services. A copy of each contract
for this purpose shall be filed by the board of cooperative educational
services with the commissioner not more than thirty days from its
execution. An annual program report and evaluation for each school year
as prescribed by the commissioner, shall be submitted by the board of
cooperative educational services to the commissioner on or before the
first day of September following such school year.
e. Upon the recommendation of the district superintendent, employ such
administrative assistants, teachers, supervisors, clerical help and
other personnel as may be necessary to carry out its program.
f. Receive all reimbursements from public funds on account of the
cooperative educational services performed under its jurisdiction, and
allocate the costs of cooperative educational activities and shared
services including administrative and clerical costs against the
component school districts and receive and disburse the same, and to
apportion surpluses and assessments for services on the basis of
participation to those components and to those school districts outside
the board of cooperative educational services contracting for such
programs, and to apportion surpluses and assessments for administrative
expenses to all component districts. All such apportionments shall be
made annually.
g. Borrow money in anticipation of revenue due the board of
cooperative educational services.
h. (1) Arrange cooperative educational services with and if necessary
make contracts covering same with other public agencies for shared
services and to produce educational television materials and programs,
and to own or lease television facilities and to enter into appropriate
contracts concerning the same.
(2) To enter into contracts with the United States of America, the
State of New York, any school district, community college, public
institution of higher education, independent institution of higher
education eligible for aid under section sixty-four hundred one of this
chapter, public libraries, or public agency in relation to the program
of the board of cooperative educational services, and any such school
district, community college, institution of higher education, or public
agency is hereby authorized and empowered to do and perform any and all
acts necessary or convenient in relation to the performance of any such
contracts.
(3) To enter into contracts with school districts which are component
districts in the board of cooperative educational services for the
education by such component school district or districts of children who
reside within the board of cooperative educational services in the
program of the board of cooperative educational services, and for all
purposes of this chapter in such event such children shall be deemed
attending classes maintained by the board of cooperative educational
services. School districts are hereby authorized and empowered to do and
perform any and all acts necessary or convenient in relation to the
performance of any such contracts.
(4) To enter into contracts with nonpublic schools to provide data
processing services for pupil personnel records and other administrative
records of the nonpublic schools and the processing of fingerprints
utilized in criminal history record checks for those nonpublic schools
that elect to require such criminal history record checks pursuant to
paragraph (a) of subdivision thirty of section three hundred five of
this chapter.
(5) To enter into contracts with the United States of America, the
state of New York, any community college, agricultural and technical
college or other public agency for the purpose of providing career
education programs to such agencies. Any such proposed contract shall be
subject to the review and approval of the commissioner, who may only
approve such proposed contract when, in his opinion, such contract will
result in a more economical utilization of existing career and career
education resources than would be achieved were such contract not
approved. The commissioner shall issue a finding in writing in making
all determinations pursuant to this article.
(6) To enter into contracts with not-for-profit corporations to
participate in federal programs relating to career training and
experience. Any such proposed contract shall be subject to review and
approval of the commissioner, who may approve such proposed contract
only when in his opinion such contract will result in increased or
improved career opportunities. The commissioner shall issue a finding in
writing in making all determinations pursuant to this subparagraph.
(7) To enter into contracts with the state of New York, any community
college, agricultural and technical college, or public agency for the
purpose of providing electronic data processing services to such
agencies. Any such proposed contract shall be subject to the review and
approval of the commissioner, who may only approve such proposed
contract when, in his opinion, such contract will not disrupt the level
of services provided to component school districts and will result in a
more economical utilization of existing board of cooperative educational
services computer facilities. The commissioner shall issue a finding in
writing in making all determinations pursuant to this subparagraph.
(8) To enter into contracts with the commissioner of the office of
children and family services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to such office, for
the benefit of youth in its custody, any special education programs,
related services, career and technical education services and music, art
and foreign language programs provided by the board of cooperative
educational services to component school districts. Any such proposed
contract shall be subject to the review and approval of the commissioner
to determine that it is an approved cooperative educational service.
Services provided pursuant to such contracts shall be provided at cost,
and the board of cooperative educational services shall not be
authorized to charge any costs incurred in providing such services to
its component school districts.
* (10) To enter into contracts of no more than five years and subject
to the sunset date of this subparagraph, with out-of-state schools for:
(a) special education; and/or (b) career and technical education
services; and/or (c) for the use of existing products that demonstrate
how to map the next generation standards to assessments; and/or (d)
providing access to existing webinars or online courses relating to
implementation of the next generation standards; for providing
professional development to educators; and/or (e) technology products
developed for the use of school districts located in New York state,
including computer programs and software packages that help students
learn and assist districts in achieving greater efficiencies. For
purposes of this subparagraph, an out-of-state school shall mean a
public elementary or secondary school or a degree granting institution
of higher education, located outside of New York state; provided further
for purposes of providing services authorized in clauses (c), (d) and
(e) of this subparagraph, out-of-state shall also include schools
located outside the continental United States. Any contract shall be
approved by the commissioner, the board of cooperative educational
services and the district superintendent of schools, provided such
services are made available to any school district within the
supervisory district and that the requirements of this subparagraph are
met. Contracts must be executed by the board of cooperative educational
services and the trustees or boards of education of such out-of-state
schools and shall only authorize out-of-state students to participate in
an instructional program if such services are available to all eligible
students in New York state schools in the component districts and the
number of participating out-of-state students only comprises up to five
percent of the total number of the total enrolled students in the
instructional program at the board of cooperative educational services
and that the board of cooperative educational services spends no more
than thirty percent of its employees' time on services to out-of-state
schools pursuant to this subparagraph. To be approved by the
commissioner, the contract and any business plan, shall demonstrate that
any services provided to out-of-state schools pursuant to this
subparagraph shall not result in any additional costs being imposed on
component school districts and that any payments received by the board
of cooperative educational services for services provided in this
subparagraph that exceed any cost to the board of cooperative
educational services for providing such services shall be applied to
reduce the costs of aidable shared services allocated to component
school districts pursuant to paragraph d of this subdivision and shall
also be applied to reduce the approved cost of services pursuant to
subdivision five of this section. Services provided by a board of
cooperative educational services to component districts at the time of
approval of a contract under this paragraph shall not be reduced or
eliminated solely due to a board of cooperative educational services'
performance of services to out-of-state schools pursuant to this
paragraph.
* NB Repealed July 1, 2024
(11) To enter into contracts with individual public libraries or
public library systems for the purpose of providing high-speed
telecommunications services including, but not limited to, high-speed
internet services. Any such proposed contract shall be subject to the
review and approval of the commissioner, who may only approve such
proposed contract when, in such commissioner's opinion, such contract:
(a) will result in a more economical utilization of existing boards of
cooperative educational services high-speed telecommunications services
or resources than would be achieved were such contract not approved; (b)
will not disrupt the level of services to component school districts;
and (c) will result in a more economical utilization of existing library
resources. The commissioner shall issue a finding, in writing, making
any determination pursuant to this subparagraph. Such services to public
libraries and library systems shall be provided at cost and shall not be
eligible for aid pursuant to subdivision five of this section.
(12) To enter into contracts with preschool special education program
providers approved pursuant to section forty-four hundred ten of this
chapter to process services relating to online application systems for
educators.
(13) To establish, upon local interest from one or more component
school districts and subject to approval by the BOCES board of
education, an agriculture program that is designed to provide students
with the skills required to work in, and help sustain New York's
agriculture industry. Such program may include, but not be limited to,
a partnership with farms and other agriculture entities in the state
that provide students with hands-on experience combined with other
educational opportunities.
i. Make such reports as are required by the commissioner of education.
j. Appoint one of its members as president, one of its members or
another qualified voter in a district within the supervisory district as
clerk and another qualified voter in a district within the supervisory
district as treasurer. The duties of the clerk and treasurer shall be
the same as those established by statute and regulations of the
commissioner of education for clerks and treasurers of union free school
districts.
k. Designate a depositary within the territorial limits of any
component district for the deposit of money in the manner provided by
section ten of the general municipal law. The receipt, deposit,
investment and disbursement of moneys, and all procedures relating
thereto, including, but not limited to the requirements for signatures,
the appointment of a claims auditor to approve claims for purchases, and
the optional use of claim forms, and the establishment of an internal
audit function, shall be subject to the laws relating to union free
school districts.
m. At the request of officials of school districts, created by
legislative act, within the territory of a board of cooperative
educational services, provide services as outlined in paragraph d of
this subdivision. For such districts, there shall be apportioned from
state funds to the board of cooperative educational services a sum equal
to one-half the total cost of the approved services provided to such
school district.
n. In those counties where taxes other than those on real property are
applied to school purposes, the tax rate shall be deemed to be that
which would result if such taxes had not been applied to school
purposes.
o. A meeting of members of the boards of education and school trustees
of the component districts shall be held during the month of April on or
before the fifteenth day of April, on a date and at a place and hour
designated by the president of the board of cooperative educational
services. The tentative administrative capital and program budgets of
the board of cooperative educational services shall be available for
inspection of the boards of education and school trustees at such
meeting. Notice of the date, time and place of such meeting shall be
given to each of the members of the boards of education and trustees and
to the clerk of each of the component school districts by mail addressed
to the last known address of such persons at least fourteen days prior
to the meeting.
p. * (a) To rent suitable land, classrooms, offices or buildings upon
or in which to maintain and conduct such cooperative educational
services and administrative offices for a period not to exceed ten years
for leases entered into with public entities and twenty years for leases
entered into with non-public entities and to improve, alter, equip and
furnish such land, classrooms, offices or buildings in a suitable manner
for such purposes, provided that: (1) before executing any lease, the
board shall adopt a resolution determining that such agreement is in the
best financial interests of the supervisory district and stating the
basis of that determination; (2) the rental payment shall not be more
than the fair market value as determined by the board and provided to
the commissioner; (3) The board discloses any conflict of interest
pursuant to subparagraph (c) of this paragraph, or any other potential
or perceived conflict of interest, to the commissioner, and in the event
of a conflict of interest or a potential or perceived conflict of
interest, provides detailed documentation to the commissioner
demonstrating that the cost of the lease is not more than fair market
value; and (4) upon the consent of the commissioner, renewal of such
lease may be made for a period of up to ten years. Nothing contained
herein shall prevent the board from entering into a lease agreement
which provides for the cancellation of the same by such board upon: (i)
a substantial increase or decrease in pupil enrollment; or (ii) a
substantial change in the needs and requirements of a board of
cooperative educational services with respect to facilities; or (iii)
any other change which substantially affects the needs or requirements
of a board of cooperative educational services or the community in which
it is located. No lease or other contract for the occupancy of such
land, classrooms, offices or buildings shall be enforceable against the
board of cooperative educational services unless and until the same
shall have been approved in writing by the commissioner. In the case of
a lease longer than ten years, the commissioner's written approval must
include a finding that the proposed lease complies with all requirements
of this paragraph and would be more cost-effective than a lease of ten
years or fewer.
* NB Effective until July 1, 2024
* (a) To rent suitable land, classrooms, offices or buildings upon or
in which to maintain and conduct such cooperative educational services
and administrative offices for a period not to exceed ten years and to
improve, alter, equip and furnish such land, classrooms, offices or
buildings in a suitable manner for such purposes (1) before executing
any lease, the board shall adopt a resolution determining that such
agreement is in the best financial interests of the supervisory district
and stating the basis of that determination; (2) the rental payment
shall not be more than the fair market value as determined by the board;
and (3) upon the consent of the commissioner, renewal of such lease may
be made for a period of up to ten years. Nothing contained herein shall
prevent the board from entering into a lease agreement which provides
for the cancellation of the same by such board upon: (i) a substantial
increase or decrease in pupil enrollment; or (ii) a substantial change
in the needs and requirements of a board of cooperative educational
services with respect to facilities; or (iii) any other change which
substantially affects the needs or requirements of a board of
cooperative educational services or the community in which it is
located. No lease or other contract for the occupancy of such land,
classrooms, offices or buildings shall be enforceable against the board
of cooperative educational services unless and until the same shall have
been approved in writing by the commissioner.
* NB Effective July 1, 2024
(b) To lease unneeded facilities to public or private agencies,
individuals, partnerships, or corporations, with the approval of the
commissioner of education, and for a term not to exceed five years,
which shall be renewable with the approval of the commissioner of
education.
* (c) if any member of the board of education of the board of
cooperative educational services, officer or employee of the board of
cooperative educational services has a financial interest, either direct
or indirect, in any lease to which the board of cooperative educational
services is, or is to be, a party, such interest shall be disclosed to
the board of education of such board of cooperative educational services
in writing and shall be set forth in the minutes of the board of
education of the board of cooperative educational services. The member,
officer or employee having such interest shall not participate in any
action by the board of cooperative educational services with respect to
such lease.
* NB Repealed July 1, 2024
q. To provide transportation for pupils to and from classes maintained
by such board of cooperative educational services at the request of one
or more school districts. School districts and boards of cooperative
educational services are authorized to enter into contracts with one or
more school districts, private contractors, and one or more boards of
cooperative educational services and any municipal corporation and
authority to provide such transportation. Boards of cooperative
educational services may operate joint or regional transportation
systems for the transportation authorized by articles seventy-three and
eighty-nine of this chapter. Such transportation, except when provided
by a political subdivision or a board of cooperative educational
services, shall be subject to the requirements of subdivision fourteen
of section three hundred five of the education law.
r. With the approval of the district superintendent of schools and of
the commissioner of education to furnish any of the educational services
provided for in this section or any other section of law which
authorizes such board to provide services to school districts outside of
the supervisory district, upon such terms as may be agreed upon pursuant
to contracts executed by such board of cooperative educational services
and the trustees or boards of education of such school districts.
s. Provide workmen's compensation coverage as provided in the
workmen's compensation law for all teachers and other employees for
injuries incurred in actual performance of duty.
t. When authorized by the qualified voters of the board, to purchase
or otherwise acquire buildings, sites or additions thereto, to purchase
or otherwise acquire real property for any lawful purpose and to
construct buildings thereon.
u. To purchase necessary furniture, equipment, implements, apparatus
and supplies.
v. To accept gifts of real and personal property.
w. To furnish any of the services provided for in this section or any
other section of law which authorizes such board to provide services to
school districts outside of the board of cooperative educational
services, with the approval of the commissioner of education and of the
district superintendent of schools or superintendents of schools having
jurisdiction of such school districts for a period of not to exceed five
years, upon such terms as may be agreed upon pursuant to contracts
executed by the board of cooperative educational services and the
trustees or boards of education of such school districts.
x. To sell, when authorized by the qualified voters of the board of
cooperative educational services, any real property the title of which
is vested in the board of cooperative educational services and buildings
thereon and appurtenances or any part thereof at such price and upon
such terms as shall be prescribed in such resolution; also, when so
authorized, to exchange real property belonging to the board of
cooperative educational services for the purpose of improving or
changing school sites. The proceeds of such sale shall be applied as
provided by the resolution authorizing such sale.
* y. To enter into agreements for the lease of personal property.
Before executing any such agreement, the board shall adopt a resolution
determining that such agreement is in the best financial interests of
the board of cooperative educational services, which resolution shall
state the basis for that determination. Such agreements shall be subject
to the bidding requirements of the general municipal law. No agreement
for the lease of personal property may be made for a term in excess of
five years, beginning with the time of receipt of possession of the
subject of the lease.
* NB There are 2 par. y's
* y. Notwithstanding any other provision of this section and with the
consent of the commissioner, the board of cooperative educational
services of the county of Oswego may enter into contracts with the
county of Oswego to provide transportation for handicapped children in
the county of Oswego to and from any facility or institution for
educating handicapped children within or without such county.
* NB There are 2 par. y's
z. To furnish, with the approval of the commissioner of education, for
an amount not less than the cost thereof, any of the instructional
support services provided to component school districts, including but
not limited to audio-visual materials and related media services,
curricular materials, in-service education programs and pupil personnel
services for the diagnosis of handicapping conditions, to any nonpublic,
not-for-profit elementary or secondary school in the state of New York
which provides the instruction required by section thirty-two hundred
four and article seventeen of this chapter, and which is chartered by
the regents or registered with or subject to examination and inspection
by the state education department.
aa. Notwithstanding any other provision of law, a board of cooperative
educational services may, with the prior written approval of the
commissioner, contract to accept from a leasing company which has
qualified as lowest bidder pursuant to the provisions of the general
municipal law a sum sufficient to purchase data processing equipment
from the manufacturer thereof, pay such sum to the manufacturer of said
equipment, receive the equipment and title thereto and convey the same
to the leasing company with a simultaneous lease of the equipment from
such leasing company to the board of cooperative educational services
for a specified period of years. Before any such agreement shall be
executed, the board of cooperative educational services shall adopt a
resolution determining that such agreement is in the best financial
interest of the board. Such lease may be renewed for a further specified
period of years with the prior approval of the commissioner of
education.
bb. Boards of cooperative educational services may provide academic
and other programs and services in the school year on a cooperative
basis, including summer programs and services. (1) Requests to provide
such programs and services shall be filed annually with the commissioner
for approval.
(2) The commissioner may approve such programs and services only if
they (a) are requested by two or more component school districts; (b)
will provide additional opportunities for pupils; (c) will be expected
to result in a cost savings to the two or more component school
districts requesting the programs and services; (d) will provide greater
opportunity for pupils, including those with handicapping conditions, to
earn credit for academic subjects and (e) will insure a greater or more
appropriate use of facilities by boards of cooperative educational
services.
(3) Such programs and services may include, but shall not be limited
to (a) expansion of itinerant teaching services in advanced academic
subject courses; (b) academic course offerings at regular board of
cooperative educational services centers or at leased sites during the
school year or summer school periods, as requested by component
districts; (c) block scheduling to enable students to attend classes at
a board of cooperative educational services center for an entire school
day; (d) satellite offerings of specific concentrations or
specializations sponsored by boards of cooperative educational services
at local schools, with cross-contracting for services; (e) expanded use
of interactive television and other technologies to offer academic
courses on site or at component school districts; and (f) programs of
academic intervention services approved by the commissioner designed to
fulfill the academic intervention services requirement imposed by the
regulations of the commissioner, provided that in approving such
programs and services for the two thousand--two thousand one school year
or thereafter, the commissioner shall assure that the program or service
results in a cost savings to all participating districts, disregarding
any aid pursuant to subdivision five of this section.
(4) Such programs or services if approved by the commissioner, shall
be eligible for aid pursuant to subdivision five of this section.
(5) A teacher whose position in a school district is abolished as the
result of a takeover of an academic program by a board or boards of
cooperative educational services shall be accorded the rights provided
by section thirty hundred fourteen-a of this chapter.
(6) To implement a program or service approved under this paragraph, a
school district may transport pupils to the site of a board of
cooperative educational services program in those cases where a pupil
otherwise would be entitled to transportation but for the fact that the
program is at the board of cooperative educational services and not at a
school of the district. Under these circumstances, for those purposes of
article seventy-three of this chapter, the board of cooperative
educational services site shall be considered a school.
cc. Upon approval by a vote of the board of cooperative educational
services, establish and maintain a program of reserves not to exceed
three per centum of the annual budget of the district to cover property
loss and liability claims. Separate funds shall be established for
property losses and for liability claims, and the separate identity of
each such fund shall be maintained whether its assets consist of cash or
investments or both. The money in such funds shall be deposited and
secured in the manner provided by section ten of the general municipal
law. The moneys so deposited shall be accounted for separate and apart
from all other funds of the district, in the same manner as provided in
subdivision ten of section six-c of the general municipal law. The
moneys in such funds may be invested in the manner provided by section
eleven of the general municipal law. Any interest earned or capital gain
realized on the money so deposited shall accrue and become part of such
funds. Such reserve funds shall not be reduced to amounts less than the
total of the amounts estimated to be necessary to cover incurred but
unsettled claims or suits including expenses in connection therewith
other than by payments for losses for which such reserve amounts were
established, except that such board may authorize use of such funds
other than amounts allocated for unsettled claims or suits including
expenses in connection therewith to pay premiums for insurance policies
purchased to insure subsequent losses in areas previously self-insured,
in the event of dissolution of the self-insurance plan.
dd. Provide for activities and services pertaining to the arts at the
request of one or more school districts. Such activities and services
shall be eligible for aid and shall include, but not be limited to,
programs with, and performances by, artists or organizations approved by
the commissioner of education. Boards of cooperative educational
services are authorized to enter into contracts with one or more school
districts, or boards of cooperative educational services.
ee. Upon approval by a vote of the board of cooperative educational
services and of the boards of education of a majority of the school
districts participating in the instructional program of such board,
establish a career education instructional equipment reserve fund for
the replacement and purchase of advanced technology equipment used in
instructional programs conducted by the board of cooperative educational
services. Subject to a limitation imposed by regulation of the
commissioner on the amount of money which may be maintained in equipment
reserve funds established pursuant to this paragraph, moneys for such
funds shall be obtained by including depreciation expenses for the
career education instructional equipment used in providing instructional
services on a cooperative basis in the computation of the cost of such
services pursuant to paragraph d of this subdivision. Proceeds from the
sale of career education instructional equipment used in the
instructional programs of the board and any income earned on money
deposited in a reserve fund shall become part of such fund. The moneys
in such funds shall be deposited and secured in the manner provided by
section ten of the general municipal law. The moneys so deposited shall
be accounted for separate and apart from all other funds of the
district, in the same manner as provided in subdivision ten of section
six-c of the general municipal law. The moneys in such funds may be
invested by the board of cooperative educational services in the manner
provided by section eleven of the general municipal law. In the event a
career education instructional equipment reserve fund is liquidated, the
moneys in such fund shall be allocated to the school districts
participating in the instructional programs of the board of cooperative
educational services in proportion to the value of the contributions to
the fund made by the participating districts. The commissioner may
promulgate regulations pertaining, but not limited, to the amount of
money to be retained in such reserve funds, the types of equipment for
which depreciation expenses may be charged and for which expenditures
may be made from the reserve fund, and required documentation of
transactions relating to such funds.
ff. In its discretion, to purchase insurance against personal injuries
incurred by an authorized participant in a school volunteer program,
including but not limited to, those authorized participants who assist
on school buses, school sponsored transportation to and from school, or
on school sponsored field trips or any other school sponsored activity;
provided, however, that the injuries were incurred while the authorized
participant was functioning either within the scope of his or her
authorized volunteer duties or under the direction of the board of
education, trustee, or board of cooperative educational services, or
both.
gg. Notwithstanding any other provision of law, a board of cooperative
educational services may provide training for employment to adults on a
space available basis, with consideration given to occupations and
industries in demand, and establish reduced adult tuition rates for such
training. For the purposes of this section, training for employment for
adults shall be offered through state approved sequences or parts
thereof of secondary career education instruction. Adults may
participate in such instruction and be awarded certificates of
completion, but they may not earn credit based on their participation
towards a high school diploma. Pursuant to section forty-six hundred two
of this chapter, a board of cooperative educational services may
establish such reduced rates for participation of adults provided that
participation is limited to assigned instructional staff and currently
used facilities in scheduled secondary career education programs, and
provided further that such rates may not be less than fifty percent of
the tuition rates charged to school districts for the participation of
secondary students in the same programs, unless waived by the
commissioner based on application of the board of cooperative
educational services. This participation of adults at reduced tuition
rates shall be in accordance with terms agreed upon by the board of
cooperative educational services and the component school districts
receiving such services but in no case shall such rates result in
extraordinary costs assigned to such component school districts. Boards
of cooperative educational services which provide such training to
adults shall submit to the commissioner annually a report which shall
include but not be limited to the number of adults served, referral
source, training sequences or parts thereof taken by adult participants,
the tuition rates charged to them, and the gross revenues realized
therefrom. For the purpose of this paragraph, "adult" shall mean any
person under the age of twenty-one who has received a high school
diploma or any person twenty-one years of age or older, whether or not
they have received a high school diploma.
hh. Provide for activities and services pertaining to environmental
education at the request of more than one school district. Such
activities and services each of which shall not exceed three weeks
duration to be eligible for aid and shall include programs with and
performances by individuals or organizations with special skills
essential to the activity or service, but not appropriate to full time
boards of cooperative educational services staff. Boards of cooperative
educational services are authorized to enter into contracts with
individuals, public agencies, and not-for-profit corporations to carry
out the provisions of this paragraph, subject to the approval of the
commissioner.
ii. Enter into agreements with one or more financing agencies to
provide for the acceptance by such board of credit cards as a means of
payment of course fees or tuition when required for instructional
programs offered by such board of cooperative educational services. Any
such agreement shall govern the terms and conditions upon which a credit
card proffered as a means of payment of such fees or tuition shall be
accepted or declined and the manner in and conditions upon which the
financing agency shall pay to such board the amount of such fees or
tuition paid by means of a credit card pursuant to such agreement. Any
such agreement may provide for the payment by such board to such
financing agency of fees for the services provided by such financing
agency. For purposes of this paragraph, the following terms shall have
the following meanings:
(1) "Credit card" means any credit card, credit plate, charge plate,
courtesy card, debit card or other identification card or device issued
by a person to another person which may be used to obtain a cash advance
or a loan or credit or to purchase a lease property or services on the
credit of the person issuing the credit card or a person who has agreed
with the issuer to pay obligations arising from the use of a credit card
issued to another person.
(2) "Financing agency" means any agency defined as such in subdivision
eighteen of section four hundred one of the personal property law;
(3) "Person" means an individual, partnership, corporation or any
other legal or commercial entity.
jj. To contract to furnish any of the services provided for in this
section to component school districts of the board of cooperative
educational services, with the approval of the commissioner, for a
period not to exceed five years, upon such terms as may be agreed upon
pursuant to such contracts executed by the board of cooperative
educational services and the trustees or boards of education of such
school districts, provided that any such contract entered into, extended
or amended on or after July first, nineteen hundred ninety-six shall be
consistent with the requirements of paragraph d of this subdivision and
subdivision one of section nineteen hundred fifty-one of this article
regarding the allocation of costs to component school districts based
upon the local uniform unit cost of each such service.
kk. For the nineteen hundred ninety-seven--ninety-eight school year
and thereafter, the board of cooperative educational services (BOCES)
shall prepare a BOCES report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies of the
proposed administrative budget made publicly available as required by
law, making it available for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the board of
cooperative educational services, on a school by school or program by
program basis, and measures of the fiscal performance of the supervisory
district, as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these measures to
statewide averages for all boards of cooperative educational services.
Such report card shall include any information required by the
commissioner.
ll. a. Shall require, for purposes of a criminal history record check,
the fingerprinting of all prospective employees pursuant to section
three thousand thirty-five of this chapter, who do not hold valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law. Prior to initiating the
fingerprinting process, the prospective employer shall furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of this chapter and shall obtain the
applicant's consent to the criminal history records search. Every set of
fingerprints taken pursuant to this paragraph shall be promptly
submitted to the commissioner for purposes of clearance for employment.
b. Upon the recommendation of the district superintendent, the board
may conditionally appoint a prospective employee. A request for
conditional clearance shall be forwarded to the commissioner along with
the prospective employee's fingerprints, as required by paragraph a of
this subdivision. Such appointment shall not commence until notification
by the commissioner that the prospective employee has been conditionally
cleared for employment and shall terminate forty-five days after such
notification of conditional clearance or when the prospective employer
is notified of a determination by the commissioner to grant or deny
clearance, whichever occurs earlier, and may not be extended or renewed
unless the commissioner issues a new conditional clearance after finding
that there was good cause for failing to obtain clearance within such
period, provided that if clearance is granted, the appointment shall
continue and the conditional status shall be removed. Prior to
commencement of such conditional appointment, the prospective employer
shall obtain a signed statement for conditional appointment from the
prospective employee, indicating whether, to the best of his or her
knowledge, he or she has a pending criminal charge or criminal
conviction in any jurisdiction outside the state.
c. Upon the recommendation of the district superintendent, the board
may make an emergency conditional appointment when an unforeseen
emergency vacancy has occurred. When such appointment is made, the
process for conditional appointment pursuant to paragraph b of this
subdivision must also be initiated. Emergency conditional appointment
may commence prior to notification from the commissioner on conditional
clearance but shall terminate twenty business days from the date such
appointment commences or when the prospective employer is notified by
the commissioner regarding conditional clearance, whichever occurs
earlier, provided that if conditional clearance is granted, the
appointment shall continue as a conditional appointment. Prior to the
commencement of such appointment, the prospective employer must obtain a
signed statement for emergency conditional appointment from the
prospective employee, indicating whether, to the best of his or her
knowledge, he or she has a pending criminal charge or criminal
conviction in any jurisdiction. An unforeseen emergency vacancy shall be
defined as: (i) a vacancy that occurred less than ten business days
before the start of any school session, including summer school, or
during any school session, including summer school, without sufficient
notice to allow for clearance or conditional clearance; (ii) when no
other qualified person is available to fill the vacancy temporarily; and
(iii) when emergency conditional appointment is necessary to maintain
services which the district is legally required to provide or services
necessary to protect the health, education or safety of students or
staff. The provisions of subparagraph (i) of this paragraph shall not
apply if the board finds that the district has been unable to fill the
vacancy despite good faith efforts to fill such vacancy in a manner
which would have allowed sufficient time for clearance or conditional
clearance.
d. Shall develop a policy for the safety of the children who have
contact with an employee holding conditional appointment or emergency
conditional appointment.
mm. Shall upon commencement and termination of employment of an
employee by the board, provide the commissioner with the name of and
position held by such employee.
nn. Notwithstanding any other provision of this section and with the
consent of the commissioner, the Madison-Oneida board of cooperative
educational services may enter into a contract or contracts not to
exceed a total period of two years with the Madison Cortland ARC to
provide transportation maintenance and repair services on buses owned
and operated by the Madison Cortland ARC. The Madison-Oneida board of
cooperative educational services shall not charge any portion of costs
incurred pursuant to this paragraph to its component school districts.
oo. Notwithstanding any other provision of law, a board of cooperative
educational services is authorized to enter into a memorandum of
understanding with the trustees or board of education of a non-component
school district, including city school districts of cities with one
hundred twenty-five thousand inhabitants or more, to participate in a
recovery high school program operated by the board of cooperative
educational services for a period not to exceed five years upon such
terms as such trustees or board of education and the board of
cooperative educational services may mutually agree, provided that such
agreement may provide for a charge for administration of the recovery
high school program including capital costs, but participating
non-component school districts shall not be liable for payment of
administrative expenses as defined in paragraph b of this subdivision.
Costs allocated to a participating non-component school district
pursuant to a memorandum of understanding shall be aidable pursuant to
subdivision five of this section to the same extent and on the same
basis as costs allocated to a component school district.
4-a. The board of cooperative educational services shall develop a
plan to ensure that all instructional materials to be used in the
programs of the board of cooperative educational services are available
in a usable alternative format for each student with a disability, as
defined in section forty-four hundred one of this chapter, and for each
student who is a qualified individual with a disability as defined in
the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701)
as amended, in accordance with his or her educational needs and course
selection, at the same time as such instructional materials are
available to non-disabled students. As part of such plan, the board of
cooperative educational services shall amend its procurement policies to
give a preference in the purchase of instructional materials to vendors
who agree to provide materials in alternative formats. For purposes of
this subdivision, "alternative format" shall mean any medium or format
for the presentation of instructional materials, other than a
traditional print textbook, that is needed as an accommodation for a
disabled student enrolled in a program of the board of cooperative
educational services, including but not limited to Braille, large print,
open and closed captioned, audio, or an electronic file in an approved
format, as defined in the regulations of the commissioner. When an
electronic file is provided, the plan shall specify how the format will
be accessed by students and/or how the district shall convert to an
accessible format. Such plan shall identify the needs of students
enrolled in a program of the board of cooperative educational services
for alternative format materials. Such plan shall also specify ordering
timelines to ensure that alternative format materials are available at
the same time as regular format materials. Such plans shall include
procedures to address the need to obtain materials in alternative format
without delay for disabled students who enroll in a program of a board
of cooperative educational services during the school year.
5. a. Upon application by a board of cooperative educational services,
there shall be apportioned and paid from state funds to each board of
cooperative educational services an amount which shall be the product of
the approved cost of services actually incurred during the base year
multiplied by the sharing ratio for cooperative educational services aid
which shall equal the greater of: (i) an amount equal to one minus the
quotient expressed as a decimal to three places without rounding of
eight mills divided by the tax rate of the local district computed upon
the actual valuation of taxable property, as determined pursuant to
subdivision one of section thirty-six hundred two of this chapter and
notwithstanding section three thousand six hundred three, expressed in
mills to the nearest tenth as determined by the commissioner, provided,
however, that where services are provided to a school district which is
included within a central high school district or to a central high
school district, such amount shall equal one minus the quotient
expressed as a decimal to three places without rounding of three mills
divided by the tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid ratio
of each school district for the current year, which shall be such
component school district's board of cooperative educational services
aid ratio and which shall be not less than thirty-six percent converted
to decimals and shall be not more than ninety percent converted to
decimals. For the purposes of this paragraph, the tax rate of the local
district computed upon the actual valuation of taxable property shall be
the sum of the amount of tax raised by the school district plus any
payments in lieu of taxes received by the school district pursuant to
section four hundred eighty-five of the real property tax law, divided
by the actual valuation of the school district, provided, however that
the tax rate for a central high school district shall be the sum of the
amount of tax raised by the common and union free school districts
included within the central high school district for the support of the
central high school district plus any payments in lieu of taxes received
for the support of the central high school district pursuant to section
four hundred eighty-five of the real property tax law, divided by the
actual valuation of the central high school district. The tax rate for
each common or union free school district which is included within a
central high school district shall be the sum of the amount raised for
the support of such common or union free school district plus any
payments in lieu of taxes received for the support of the school
district pursuant to section four hundred eighty-five of the real
property tax law, exclusive of the amount raised for the central high
school district, divided by the actual valuation of such common or union
free school district.
b. The cost of services herein referred to shall be the amount
allocated to each component school district by the board of cooperative
educational services to defray expenses of such board, including
approved expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant to
section eleven hundred ten of the public health law provided that such
expenses for testing of potable water systems are not reimbursable from
another state or federal source, except that that part of the salary
paid any teacher, supervisor or other employee of the board of
cooperative educational services which is in excess of thirty thousand
dollars shall not be such an approved expense, and except also that
administrative and clerical expenses shall not exceed ten percent of the
total expenses for purposes of this computation. Any gifts, donations or
interest earned by the board of cooperative educational services or on
behalf of the board of cooperative educational services by the dormitory
authority or any other source shall not be deducted in determining the
cost of services allocated to each component school district. Any
payments made to a component school district by the board of cooperative
educational services pursuant to subdivision eleven of section six-p of
the general municipal law attributable to an approved cost of service
computed pursuant to this subdivision shall be deducted from the cost of
services allocated to such component school district. The expense of
transportation provided by the board of cooperative educational services
pursuant to paragraph q of subdivision four of this section shall be
eligible for aid apportioned pursuant to subdivision seven of section
thirty-six hundred two of this chapter and no board of cooperative
educational services transportation expense shall be an approved cost of
services for the computation of aid under this subdivision.
Transportation expense pursuant to paragraph q of subdivision four of
this section shall be included in the computation of the ten percent
limitation on administrative and clerical expenses.
c. The "tax rate" as herein referred to shall not include a special
tax levied for debt service in an existing district of a central school
district or a consolidated district.
d. Nothing in this act shall prevent school districts or boards of
cooperative educational services with the approval of the commissioner
of education from providing cooperative educational services for which
no application for state aid is to be made.
e. Any aid apportioned in accordance with section two hundred thirteen
of the education law to a board of cooperative educational services in
connection with the production of educational television materials and
programs, or the acquisition by purchase, lease or otherwise of
television facilities or operational expenses in connection therewith
shall not be utilized in connection with computing the apportionment to
such board of cooperative educational services. Any aid apportioned or
paid by the state to a board of cooperative educational services for
experimental or special programs shall not be utilized in connection
with computing the apportionment to such board of cooperative
educational services.
f. The sum of the amounts determined for each component school
district as the apportionment to the board of cooperative educational
services pursuant to the provisions of this section shall not be less
than the amount which would have been apportioned during the nineteen
hundred sixty-seven--sixty-eight school year under the provisions of
this subdivision as in effect on December thirty-first, nineteen hundred
sixty-six to the board of cooperative educational services of which the
district was a component member for which such apportionment was made,
except that such minimum apportionment shall be reduced in any year in
which the expenditures of the component district for board of
cooperative educational purposes fall below the expenditure on which the
nineteen hundred sixty-seven--sixty-eight apportionment to the board of
cooperative educational services was based, such reduction to be made on
a proportionate basis.
g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of
cooperative educational services to acquire or construct a school
facility of the board of cooperative educational services, and any
payments for rental of facilities by a board of cooperative educational
services shall, for the purposes of apportionment of public moneys to
the board of cooperative educational services by the state of New York,
be deemed to be an administrative or capital expense, as designated by
the commissioner, but the entire amount of such payment shall be
utilized in making such apportionment and the limitation of ten percent
of the total expenses contained in this subdivision shall not be
applicable. Any expense designated by the commissioner as a capital
expense shall be included in the capital budget of the board of
cooperative educational services and, except as otherwise provided in
this paragraph, shall be aided in the same manner as an administrative
expense. Any such payment shall not be considered part of the total
expenses of the board for purposes of determining the administrative and
clerical expenses not to exceed ten percent otherwise eligible for aid
under this subdivision, and such payments shall be considered for the
purpose of apportionment during the current school year such payment is
made. The apportionment for such payments shall be determined by
multiplying the amount of such payment allocated to each component
school district in the board of cooperative educational services by the
aid ratio, and shall be not more than ninety percent converted to
decimals, of each such component computed pursuant to subdivision three
of section thirty-six hundred two and used to apportion aid to that
district in that current school year; provided, however, the
apportionment for the construction, acquisition, reconstruction,
rehabilitation, or improvement of board of cooperative educational
services facilities, including payments to the dormitory authority and
payments under any lease agreement, shall be based upon the cost of the
board of cooperative educational services school facilities but not to
exceed the cost allowance set forth in subdivision six of section
thirty-six hundred two of the education law and payments for rental
facilities shall be subject to the approval of the commissioner.
h. Each board of cooperative educational services receiving a payment
pursuant to paragraph a of this subdivision and section thirty-six
hundred nine-d of this chapter shall be required to set aside from such
payment an amount not less than the amount of state aid received
pursuant to paragraph a of this subdivision in the base year that was
attributable to cooperative services agreements (CO-SERs) for career
education, as determined by the commissioner, and shall be required to
use such amount to support career education programs in the current
year.
5-a. Financial assistance for school districts first joining a board
of cooperative educational services (BOCES). a. Eligibility. Any school
district first joining a BOCES on or after July first, nineteen hundred
ninety-five and prior to July second, nineteen hundred ninety-seven
shall be eligible to apply to the commissioner for financial assistance
pursuant to the provisions of this subdivision and subdivision five of
this section.
b. Financial assistance. Financial assistance shall mean an interest
free loan available upon application in the current year which shall not
exceed the product of (i) the applicable percent defined in paragraph c
of this subdivision and (ii) the sum of the local share and any
repayment due for the prior year loan. Such local share shall equal the
positive remainder resulting when aid payable on behalf of the district
in the current year pursuant to subdivision five of this section is
subtracted from the district's BOCES expenses which are or would be
aidable in the current year or the next year pursuant to such
subdivision five. The annual application for such a loan shall be in a
form prescribed by the commissioner and shall accompany the submission
of the final set of state aid forms required of the BOCES each year and
shall be certified by the district superintendent of the BOCES. The
amount of the loan in any year shall be determined by the commissioner
and the payment and repayment of the loan shall be in accordance with
the provisions of paragraph d of this subdivision.
c. Applicable percent. The applicable percent shall be determined by
the number of years that an eligible district has been a component
district of a BOCES. In the first year, such percent shall be equal to
the district's BOCES and building aid ratio for aid payable in the first
year in which the district joins the BOCES, each year thereafter, such
percent shall be reduced by ten percent until such percent would drop
below ten percent at which time it shall be deemed to be zero.
d. Payment and repayment. Notwithstanding any inconsistent provisions
of section thirty-six hundred nine-a of this chapter, the loan amounts
determined by the commissioner pursuant to paragraph b of this
subdivision shall be paid to each eligible school district on or before
June fifteenth, commencing with the first year of eligibility, but only
to the extent that the repayment of the base year loan has been secured.
Notwithstanding any inconsistent provision of law, the state comptroller
shall deduct the amount of any base year loan from any monies due such
school district in March of the current year. Should the amount of any
monies due such school district in March be insufficient to repay the
total amount of the base year loan to the school district, the state
comptroller shall deduct any balance due the state from any other monies
payable to such district. Should the total amount of monies due to or on
behalf of such school district be insufficient to repay the total amount
of the base year loan determined in paragraph b of this subdivision,
such school district shall make a direct payment to the state before
March first of the current year and such payment shall be credited to
the general fund local assistance account of the department.
6. The board of cooperative educational services is hereby created a
body corporate. All property which is now vested in, or shall hereafter
be transferred to the board of cooperative educational services, shall
be held by them as a corporation.
7. In the event that two or more entire supervisory districts for
which boards of cooperative educational services have been established
shall become a single supervisory district by the redistricting of
supervisory districts pursuant to section twenty-two hundred one of this
chapter, the boards of cooperative educational services theretofore
established shall nevertheless remain in existence until August first
next following such redistricting for the purpose of carrying out the
programs for the current school year. For all other purposes, from and
after the effective date of such redistricting such boards of
cooperative educational services shall constitute a single board of
cooperative educational services for the supervisory district as then
constituted in the same manner as though such board had been established
for such supervisory district pursuant to subdivision one of this
section, and shall have all of the powers and duties of such boards
under this chapter. The members of such boards shall continue to serve
until the expiration of the terms of office for which they were elected.
No election shall be held to fill vacancies on such board as the terms
of members expire until such date as the terms of sufficient members
have expired to cause the membership of such board to be not less than
five nor more than fifteen, such number to be determined at the annual
meeting of the trustees and members of boards of education of such
supervisory district held in the month of April following such
redistricting. Thereafter members of such board shall be elected
annually to fill vacancies occurring by expiration of term.
Notwithstanding any other provision of law, a board of cooperative
educational services may fill a vacancy on such board at the annual
board election immediately following such annual meeting and may accept
nominations pursuant to subdivision two-a of this section in
anticipation that one or more vacancies will exist once such annual
meeting so establishes the number of the membership of the board,
provided that the election ballot shall state that nominations have been
accepted in anticipation of possible vacancies and that the clerk of the
board of cooperative educational services will advise the component
boards in writing of the actual number of vacant offices to be filled at
the election, if any, no later than one business day after the annual
meeting. Should such a supervisory district for which a board of
cooperative educational services has been established be divided by the
commissioner in the redistricting thereof, on August first next
following such redistricting, after paying all outstanding obligations
of such board, any balance of funds remaining in the treasury of such
board shall be allocated to the credit of the component school districts
in accordance with the ratio which the proportion of the cost allocated
to each component school district bears to the total cost of services of
such board of cooperative educational services during the last full
school year of its operation. In the event that a board of cooperative
educational services shall have been established for the supervisory
district of which such component district is then a part, the amount of
such balance allocated to such district shall be paid to the board of
cooperative educational services established for such supervisory
district and any member of the board of cooperative educational services
for such divided district who resides in the territory so transferred
shall on and after the date of such redistricting become a member of the
board of cooperative educational services of the supervisory district to
which the school district in which he or she resides has been
transferred and shall serve as such member until the expiration of the
term of office for which he or she was elected. In the event that there
is no board of cooperative educational services for any component
district the amount of such balance allocated to such district shall be
paid to the treasurer of such district. In such event the state aid
authorized by subdivision five of this section for the last year of
operation of such board of cooperative educational services shall be
distributed to the component school districts in the amounts which would
have accrued to such board of cooperative educational services by reason
of their participation.
8. Notwithstanding any other provision of this chapter, with the
approval of the commissioner of education, at the request of boards of
education of union free school districts having a population of four
thousand five hundred or more and employing a superintendent of schools,
where such school districts lie within towns included in the supervisory
district or supervisory districts comprising the territory served by a
board of cooperative educational services, such union free school
districts may upon the consent of the board of cooperative educational
services be included as component districts for the purposes of this
section and shall have all of the rights and obligations of such
component districts under this section. Notwithstanding any other
provision of this chapter, and with the consent of the commissioner,
likewise, at the request of the board of education of any city school
district, having a population of less than one hundred twenty-five
thousand inhabitants, such city school district may, upon the consent of
the board of cooperative educational services, be included as a
component district for the purpose of this section and shall have all
the rights and obligations of such component districts under this
section.
8-a. Notwithstanding any other provision of this section and with the
consent of the commissioner, the city school district of the city of
Syracuse may, upon consent of the board of cooperative educational
services for the sole supervisory district for Onondaga and Madison
counties, be included as a component district for the sole purpose of
operating a combined program and/or constructing a combined facility for
children with developmental disabilities in the city of Syracuse and the
county of Onondaga. Such city school district shall add an amount to its
budget and levy, collect and pay the same to such board of cooperative
educational services to defray the proportional expenses of constructing
and operating such facility for such children. Such city school district
shall not be liable for payment of administrative expenses as provided
for in paragraph b of subdivision four of this section nor shall such
city school district be eligible for the payment of state aid under this
section except such city school district shall receive state aid based
on its proportionate share of building expenses related to this program
as determined by the commissioner.
Such city school district shall continue to receive aid under
subdivision five of section thirty-six hundred two for the attendance of
children in this program.
8-b. Notwithstanding any other provisions of this section and with the
consent of the commissioner, city school districts of cities in excess
of one hundred twenty-five thousand inhabitants but less than one
million inhabitants, upon consent of the board of cooperative
educational services approved by the commissioner may be included as a
component district of such board of cooperative educational services for
the sole purpose of purchasing student information system services
consistent with standards established by the commissioner from such
board of cooperative educational services. Each such city school
district shall add an amount to its budget and shall levy, collect and
pay the costs of such program to such board of cooperative educational
services to defray their portion of the expenses of such a program. Such
city school district shall not be liable for payment of administrative
expenses as provided for in paragraph b of subdivision four of this
section nor shall such city school district be eligible for payment of
state aid under this section.
8-c. Notwithstanding any other provision of this section, any school
district not a component of the board of cooperative educational
services of the supervisory district serving its geographic area,
including a city school district in a city having a population in excess
of one hundred twenty-five thousand inhabitants, upon consent of the
board of cooperative educational services and with the approval of the
commissioner, may be treated in the same manner as a component school
district of the board of cooperative educational services of the
supervisory district serving its geographic area, or an adjoining board
of cooperative educational services in the case of a city school
district in a city having one million inhabitants or more, for the sole
purpose of purchasing instructional support services, as defined by the
commissioner. Each such school district shall add an amount to its
budget and shall levy, collect and pay the costs of such program to such
board of cooperative educational services to defray its portion of the
expenses of such program, including a charge for administration not to
exceed the restricted indirect cost rate, provided that the board of
cooperative educational services shall not charge any portion of the
administrative costs incurred pursuant to this subdivision to its
component school districts. Such school districts shall not be liable
for payment of administrative expenses as provided for in paragraph b of
subdivision four of this section and subdivision one of section nineteen
hundred fifty-one of this article. In the case of city school districts
in a city with a population in excess of one hundred twenty-five
thousand inhabitants, such participation shall be in addition to the
participation authorized by subdivisions eight-a and eight-b of this
section. In the case of a city school district in a city with a
population of one hundred twenty-five thousand inhabitants or more, in
lieu of participation as a component district of an adjoining board of
cooperative educational services, the city school district may opt to
provide such support services as shared services directly or in
collaboration with one or more institutions of higher education. The
approved costs of such services shall be eligible for state aid in
accordance with the provisions of subdivision twenty of section
thirty-six hundred two of this chapter, and shall not be eligible for
aid pursuant to subdivision five of this section.
8-d. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region, may purchase from
such board as a non-component school district, services required by
article nineteen of the education law.
9. No person shall be eligible to be elected to the office of member
of a board of cooperative educational services who is an employee of a
school district in the supervisory district.
9-a. No person shall be eligible to hold the office of member of a
board of cooperative educational services who does not reside within the
boundaries of a component school district of any such board.
10. Notwithstanding any other provisions of this chapter or of any
other general or special law to the contrary, if and when two or more
supervisory districts shall be combined into a new supervisory district
pursuant to the provisions of section twenty-two hundred one of this
chapter, as a result of which the boards of cooperative educational
services for such supervisory districts shall become a single board of
cooperative educational services for such redistricted supervisory
district, such single board of cooperative educational services for such
redistricted supervisory district shall, in such case, allocate the
appropriate amounts of payments required to be made to the dormitory
authority for rental of facilities or otherwise to the school districts
contained, respectively, in such former boards of cooperative
educational services for such supervisory districts, as if such boards
continued to exist in law for the sole purpose of making such payments.
11. With the approval of the commissioner, one or more boards of
cooperative educational services and one or more school districts may
enter into an agreement or agreements to provide for sharing costs of
construction of or leases for facilities acquired for the purpose of
housing services to be provided by a board or boards of cooperative
educational services for provision of which services such facilities are
constructed or leased, provided, however that no new agreements for the
sharing of costs of construction or leases of facilities may be entered
into pursuant to this subdivision on or after July first, two thousand
three. No such agreement may be for a longer term than is required to
retire any obligations issued by one or more of the parties to such
agreement for the purpose of acquiring such facilities, or to pay the
dormitory authority in full for the acquisition of such facilities.
13. a. A board of cooperative educational services and the component
school districts of such board of cooperative educational services may
enter into an agreement providing for the acquisition from the dormitory
authority of facilities designed to house services to be provided by
such board of cooperative educational services and for the sharing of
the cost of such acquisition. Such agreement in addition to providing
for all other matters deemed necessary and proper shall (i) set forth
the cost of such acquisition which shall be the amount certified by the
dormitory authority as sufficient to pay the principal of, the
redemption premium, if any, and interest to the earliest of either the
maturity date or the next redemption date on all obligations of the
dormitory authority issued in relation to providing such facilities,
including all incidental expenses in relation thereto, and (ii) provide
for an allocation and apportionment of the cost of such acquisition
among the component school districts on such equitable basis as the
parties thereto shall determine and agree, and the proportion of the
total cost to be provided by each such district in accordance with such
allocation and apportionment. In those cases where construction of such
facilities shall not have been completed, the amount so certified by the
dormitory authority shall include the amount estimated to be necessary
by the dormitory authority to complete such construction by it acting
for and on behalf of such board of cooperative educational services;
provided, however, that such agreement shall provide that such board
shall pay to the dormitory authority any additional amounts thereafter
determined and certified by the dormitory authority to be necessary in
order to complete the construction of such facilities. Existing
contracts awarded by the dormitory authority for the construction of
such facilities shall not be modified, nor shall any work not covered
thereby be authorized, without the prior consent of an officer of such
board authorized to so act by a resolution of such board. Such agreement
shall be executed by all the component school districts of such board of
cooperative educational services whose allocation of administrative
expenses would include a portion of the amounts required to be paid the
dormitory authority for the rental of such facilities.
b. The acquisition of such facilities is hereby declared and
determined to be a school district purpose and an object or purpose for
which each such component school district is hereby authorized to expend
money and contract indebtedness. The period of probable usefulness of
such object or purpose is hereby determined to be thirty years. Each
such component school district is hereby authorized to finance its share
of the cost of the acquisition of such facilities together with costs
incidental to such financing, including, but not limited to legal fees,
printing, engraving and publication of notices, either from any current
funds legally available therefor, or by the issuance of obligations
pursuant to the local finance law; provided, however, that (i) no
approval of the voters of such component school district shall be
required, (ii) the voting of a special tax or a tax to be collected in
installments shall not be a condition precedent to the adoption of a
bond resolution for such object or purpose, (iii) a majority vote of the
entire voting strength of the board of education shall be sufficient for
adoption of such a bond resolution, which bond resolution may be adopted
at a regular meeting, or a special meeting of the board of education
called on not less than twelve hours oral or written notice, which may
be held either within or outside of such district, (iv) any such bond
resolution shall take effect immediately and shall not be subject either
to a mandatory or permissive referendum, and (v) no such bond resolution
shall be adopted prior to the execution by the board of cooperative
educational services and the component school districts of such board of
cooperative educational services of the agreement required by paragraph
a of this subdivision.
c. Nothing herein contained shall be construed to permit any school
district in a city (as defined in paragraph two-b of section 2.00 of the
local finance law) to contract indebtedness for such object or purpose
in excess of the limitation prescribed by paragraph b of section 104.00
of such law, without a compliance with the provisions of paragraph c
thereof. A school district, other than a school district in a city, may
issue bonds or bond anticipation notes for such object or purpose in
excess of the limitation prescribed by paragraph d of such section
104.00, without complying with the requirements of subparagraphs one
through three of such paragraph. Notwithstanding any other provision of
law to the contrary, a special act school district, as defined in
subdivision eight of section four thousand one of this chapter, shall
not be deemed a component school district of the board of cooperative
educational services for purposes of this subdivision.
d. Upon certification by the dormitory authority of the receipt by it
of the amount set forth in the agreement as the cost of the acquisition
of such facilities, title thereto shall vest in the board of cooperative
educational services without any further action or deed or conveyance,
which title shall be held by the board of cooperative educational
services for the benefit and on behalf of all the component school
districts of such board executing such agreement.
e. The validity of any obligations issued by any school district in
accordance with this subdivision shall not be affected or impaired by
any omission, defect or irregularity in any previous acts or proceedings
by the board of cooperative educational services, or by any of the
component school districts of such board of cooperative educational
services in relation to the authorization of such facilities or the
construction and financing thereof by the dormitory authority.
f. State aid on account of the acquisition of such facilities shall be
paid to each component school district based upon its respective debt
service or share thereof paid pursuant to the agreement herein provided
for, and upon its respective aid ratio.
g. Notwithstanding any provision of law, the dormitory authority, any
board of cooperative educational services and any component school
district thereof, are all hereby authorized and empowered to perform any
and all acts and to enter into any and all agreements necessary or
desirable to effectuate the purposes of this subdivision.
14. a. All provisions of this subdivision shall be applicable only if
any agreement or agreements referred to herein shall be entered into by
a board of cooperative educational services and all of the component
school districts of the board of cooperative educational services. A
board of cooperative educational services and the component school
districts of such board of cooperative educational services may enter
into an agreement providing for the acquisition or construction,
including new construction, additions or reconstruction of facilities
designed to house services to be provided by such board of cooperative
educational services and for the sharing of the cost of such acquisition
or construction. Such agreement in addition to providing for all other
matters deemed necessary and proper shall (i) set forth the cost of such
acquisition or construction and costs incidental thereto and (ii)
provide for an allocation and apportionment of the costs of such
acquisition or construction among the component school districts on such
equitable basis as the parties thereto shall determine and agree, and
the proportion of the total cost to be provided by each such district in
accordance with such allocation and apportionment. Such agreement shall
be executed by all the component school districts of such board of
cooperative educational services and such board of cooperative
educational services. Such agreement may provide that each component
school district of such a board of cooperative educational services
shall issue an agreed upon amount of its obligations in a total amount
sufficient to acquire or construct such facilities, or that all
component districts of such board shall together issue joint obligations
pledging the full faith and credit for all component districts jointly
and that each such district shall pay a specified share of annual debt
service on such joint obligations in accordance with the provisions of
article five-g of the general municipal law and applicable provisions of
the local finance law.
b. The acquisition or construction of such facilities is hereby
declared and determined to be a public purpose and a school district
purpose and a specific object or purpose for which each such component
school district is hereby authorized to expend money and contract
indebtedness. The period of probable usefulness of such specific object
or purpose is hereby determined to be thirty years. Each such component
school district is hereby authorized to finance its share of the cost of
the acquisition or construction of such facilities, together with costs
incidental thereto, either from any current funds legally available
therefor or by the issuance of obligations pursuant to the local finance
law; provided, however, that (i) no approval of the voters of such
component school district shall be required, (ii) the voting of a
special tax or a tax to be collected in installments shall not be a
condition precedent to the adoption of a bond resolution for such
specific object or purpose, (iii) a majority vote of the entire voting
strength of the board of education shall be sufficient for adoption of
such a bond resolution, which bond resolution may be adopted at a
regular meeting, or a special meeting of the board of education called
on not less than twenty-four hours oral or written notice to the members
of such board as provided in section sixteen hundred six of the
education law, which meeting may be held either within or outside of
such district, (iv) any such bond resolution shall take effect
immediately and shall not be subject to either a mandatory or permissive
referendum, and (v) no such bond resolution shall be adopted prior to
the execution by the board of cooperative educational services and all
of the component school districts of such board of cooperative
educational services of the agreement required by paragraph a of this
subdivision.
c. No further approval of the voters of such board of cooperative
educational services or any component district thereof shall be required
other than that required by paragraph t of subdivision four of this
section.
d. Such agreement shall further provide that title to the facility
shall vest in the board of cooperative educational services which title
shall be held by the board of cooperative educational services for the
benefit and on behalf of all the component school districts of such
board executing such agreement.
e. Nothing herein contained shall be construed to permit any school
district in a city (as defined in paragraph two-b of section 2.00 of the
local finance law) to contract indebtedness for such specific object or
purpose in excess of the limitation prescribed by paragraph b of section
104.00 of such law, without complying with the provisions of paragraph c
thereof. A school district, other than a school district in a city, may
not issue bonds or bond anticipation notes for such specific object or
purpose in excess of the limitation prescribed by paragraph d of such
section 104.00, without complying with the requirements of subparagraphs
one through three of such paragraph. Notwithstanding any other provision
of law to the contrary, a special act school district, as defined in
subdivision eight of section four thousand one of this chapter, shall
not be deemed a component school district of the board of cooperative
educational services for purposes of this subdivision.
f. State aid on account of the acquisition or construction of such
facilities shall be paid to each component school district based upon
its respective debt service or share thereof paid pursuant to the
agreement herein provided for, and upon its respective aid ratio. Any
such computation of state aid shall further be based upon the cost of
such acquisition, or construction, and including incidental costs, to
the board of cooperative educational services but not to exceed the cost
allowance set forth in subdivision six of section thirty-six hundred two
of this chapter.
18. Accountability of personal property. On or before January first,
nineteen hundred ninety-seven, each board of cooperative educational
services shall develop and adopt a formal policy on personal property
accountability, including the acquisition, sale and disposal of personal
property. Such policy shall be approved by the commissioner consistent
with regulations adopted for such purpose, which shall include but not
be limited to (a) procedures for the acquisition of personal property
both by purchase and by gift, (b) procedures for the periodic inventory
of personal property, and (c) procedures for the sale of valuable
personal property to the highest bidder, except however that vehicles
received at no cost for use in an authorized welfare to work program may
be transferred at no cost or at cost of repairs, where repairs have been
made to the vehicle at the board of cooperative education services, to
participants who have met all the program requirements. Each such board
shall periodically review and update such policy, provided that any
amendments of the policy shall be subject to approval of the
commissioner.
19. Where the district has provided transportation to students
enrolled in such district to a school sponsored field trip,
extracurricular activity or any other similar event, it shall provide
transportation back to either the point of departure or to the
appropriate school in the district, unless the parent or legal guardian
of a student participating in such event has provided the school
district with written notice, consistent with district policy,
authorizing an alternative form of return transportation for such
student or unless intervening circumstances make such transportation
impractical. In cases where intervening circumstances make
transportation of a student back to the point of departure or to the
appropriate school in the district impractical, a representative of the
school district shall remain with the student until such student's
parent or legal guardian has been (a) contacted and informed of the
intervening circumstances which make such transportation impractical and
(b) such student had been delivered to his or her parent or legal
guardian.