N.Y. Education Law § 1950: Establishment of boards of cooperative educational services pending the creation of intermediate districts

§ 1950. Establishment of boards of cooperative educational services

pending the creation of intermediate districts. 1. The boards of

education and school trustees of a supervisory district which is not

part of an intermediate district, meeting at a time and place to be

designated by the district superintendent of schools, may, by a majority

vote of their members present and voting, file with the commissioner of

education a petition for the establishment of a board of cooperative

educational services for the purpose of carrying out a program of shared

educational services in the schools of the supervisory district and for

providing instruction in such special subjects as the commissioner may

approve. The commissioner, by order, may establish such a board with

membership of not less than five nor more than fifteen, upon such

application and when a vacancy occurs in the office of district

superintendent of schools shall establish such a board, unless the

commissioner shall issue an order pursuant to section twenty-two hundred

one redistricting the county so as to provide for a lesser number of

supervisory districts. The commissioner, by order, may authorize a

board, established prior to July second, nineteen hundred sixty-five, to

increase its membership to not less than five nor more than fifteen.

2. Upon the establishment by the commissioner of such a board, boards

of education and school trustees, by a vote pursuant to subdivision

two-a of this section shall elect a board of cooperative educational

services. Except for elections conducted pursuant to subdivision two-a

of this section, and the adoption of a public resolution regarding the

approval or disapproval of the tentative administrative budget pursuant

to subparagraph five of paragraph b of subdivision four of this section,

component districts having more than five board of education members

shall be limited to five votes on any matters relating to the district

superintendency or board of cooperative educational services. A full

term shall be three years to serve from July first next following

election. It shall be the duty of such meeting by order of such meeting

to divide into a sufficient number of classes the terms of the members

of the board of cooperative educational services so that as nearly as

possible an equal number of members shall be elected to the board each

year. Notwithstanding any other provision of this subdivision, upon the

decrease of the full term of members from five to three years, the board

of cooperative educational services shall direct that one or more

members be elected for a term of one, two or four years in order to

assure, as nearly as possible, that an equal number of members will be

elected to the board each year. Members of such board shall be

reimbursed for necessary expenses for attending meetings of such boards.

The district superintendent shall be the executive officer of the board,

and where a board of cooperative educational services comprises two or

more supervisory districts the district superintendents, together with

the president of the board of cooperative educational services, shall

act as an executive committee.

2-a. a. Notwithstanding any other provision of law, commencing on and

after the first day of November, nineteen hundred ninety-three, the

members of a board of cooperative educational services shall be elected

in accordance with the provisions of this subdivision.

b. Not later than the first day of February of each year the president

of the board of cooperative educational services shall designate a

single date on or after the sixteenth day and on or before the thirtieth

day of April on which each component board, other than the board of

education of a central high school district, shall conduct a public

meeting which may be a regular or special meeting, for the purpose of

electing members of the board of cooperative educational services and

adopting a public resolution concerning the approval or disapproval of

the tentative administrative budget. In the case of a central high

school district, such public meeting shall be held on the regular

business day next following the date designated by the president of the

board of cooperative educational services. Nomination of a person to be

elected to a board of cooperative educational services shall be made by

at least one component district by board resolution. Such resolution

shall be transmitted in writing to the clerk of the board of cooperative

educational services at least thirty days prior to the date of the

election as designated by the president of the board of cooperative

educational services. No nomination of a person to be elected to a board

of cooperative educational services from a component district which

currently has a resident serving on such board shall be accepted unless

such member's office is to expire at the end of the current year, unless

the size of such board exceeds the number of component school districts

or unless an unrepresented district declines to make a nomination. For

purposes of this subdivision, any such person or board member nominated

by a special act school district, a central high school district or any

district which is a component of a central high school district shall be

deemed a resident of the district that nominated him or her only.

Furthermore, it shall be the duty of the board of cooperative

educational services to encourage the nomination of persons residing in

component districts not currently represented on such board. The clerk

shall include the name and address of each person nominated on the

election ballot to be distributed in accordance with paragraph c of this

subdivision.

c. Members of the boards of cooperative educational services shall be

elected by resolution of the component boards on a ballot prepared by

the clerk of the board of cooperative educational services. Such ballot

shall be mailed to each component district no later than fourteen days

prior to the date designated as the day of the election by the president

of the board of cooperative educational services. Each component

district shall be entitled to one vote for each vacant office to be

filled. A component board may not cast more than one vote for any

candidate. The candidates receiving a plurality of the votes cast for

the several offices shall be elected, provided, however, that no more

than one person residing in a particular component district may be

elected to serve as a member of a board of cooperative educational

services at one time unless the number of seats on such board exceeds

the number of component districts or unless an unrepresented district

declines to make a nomination, provided further that a person nominated

by a special act school district, a central high school district or a

component of a central high school district shall be deemed a resident

of the nominating district only for this purpose. Where more than one

position is to be filled by such election and there is a variance in the

length of the terms for which such offices are to be filled as

authorized by this subdivision, or one or more persons are to be elected

for a full term or terms and one or more persons are to be elected for

the unexpired portion of a term or terms, or both, the candidate

receiving the greatest number of votes shall be entitled to the longest

term and candidates receiving the next highest number of votes, to the

several offices in decreasing order of the length of such terms or

unexpired portions of such terms. Each component school district shall

mail or deliver its completed ballot to the clerk of the board of

cooperative educational services no later than one business day after

the election.

d. In the event that more eligible persons than the number remaining

to be elected receive an equal number of votes sufficient that fewer

persons receiving such number of votes would be elected, the president

of the board of cooperative educational services shall call a run-off

election to be conducted in accordance with the provisions of paragraph

c of this subdivision and to be held on a date within twenty days of the

initial vote. The only persons who shall be deemed nominated for such

run-off election shall be the candidates who have received such equal

number of votes. In the event that equal numbers of votes are received

by eligible candidates for offices with a variance in the length of the

term of office but the number of votes received by such candidates is

sufficient to elect each of the candidates to the board of cooperative

educational services, the candidates receiving such equal number of

votes shall draw lots to determine who of them shall fill each such

office.

e. Notwithstanding any other provision of this subdivision to the

contrary, in the event a component school district will be transferred

to a new supervisory district as of July first next succeeding the date

designated for the annual election of the board of cooperative

educational services, and such component district, as of April fifteenth

of the current year, does not have a resident who is a member of the

board of cooperative educational services of the supervisory district of

which it is a component in the current year, such component district

shall be eligible to nominate candidates and vote in the annual board

election of the boards of cooperative educational services to which the

component district will be transferred, as if such transfer had already

occurred.

f. In the event of a vacancy in the membership of a board of

cooperative educational services, such board of cooperative educational

services may fill such vacancy by appointment, provided that

notification be provided to all component boards of such vacancy and

that the component boards are given ten days to provide any comments

and/or objections to fill the vacancy by appointment, and the person so

appointed shall hold office until the next annual election of the board

of cooperative educational services.

2-b. Where the commissioner of education has established or hereafter

establishes a board of cooperative educational services for the purpose

of carrying out a program of shared educational services in the schools

of two or more supervisory districts, the commissioner may by order

designate the number of members of such board which shall not be less

than five nor more than fifteen, or may by order increase the number of

members of such board to a maximum of fifteen or decrease the number of

members to a minimum of five. Except for elections conducted pursuant to

subdivision two-a of this section, and the adoption of a public

resolution regarding the approval or disapproval of the tentative

administrative budget pursuant to subparagraph five of paragraph b of

subdivision four of this section, component districts having more than

five board of education members shall be limited to five votes on any

matters relating to the district superintendency or board of cooperative

educational services.

Boards of education and school trustees, shall elect the members of

such board of cooperative educational services pursuant to subdivision

two-a of this section. A full term shall be three years to serve from

July first next following election. It shall be the duty of such meeting

by order of such meeting to divide into a sufficient number of classes

the terms of the members of the board of cooperative educational

services so that as nearly as possible an equal number of members shall

be elected to the board each year. Notwithstanding any other provision

of this subdivision, upon the decrease of the full term of members from

five to three years, the board of cooperative educational services shall

direct that one or more members be elected for a term of one, two or

four years in order to assure, as nearly as possible, that an equal

number of members will be elected to the board each year. Members of

boards of cooperative educational services shall be reimbursed for

necessary expenses for attending meetings of such board. Where the board

of cooperative educational services comprises two or more supervisory

districts, the district superintendents, together with the president of

the board of cooperative educational services, shall act as an executive

committee.

2-c. a. Each board of cooperative educational services shall have one

or more ex officio student members. Supervisory districts with ten or

fewer component districts shall have at least one ex officio student

member; supervisory districts with more than ten and fewer than or equal

to twenty component districts shall have at least two ex officio student

members; and supervisory districts with more than twenty component

districts shall have at least three ex officio student members.

b. Each supervisory district shall establish a process for determining

which component district or districts shall select the ex officio

student members each school year. Such process shall take into

consideration the number of component districts within the supervisory

district and provide for a mechanism which allows for fair

representation among the component districts. Each supervisory district

shall also establish a process by which such component district or

districts shall select the ex officio student member or members,

provided that such members shall be students who have attended a high

school within their component district for at least one year and who

participate in a program administered by the supervisory district.

c. The ex officio student members of the board shall be entitled to

sit with board members at all public meetings and hearings of the board

and may participate in other board activities and responsibilities at

the discretion of the board.

d. The ex officio student members of the board shall not be allowed to

vote, shall not be allowed to attend executive session or any other

meetings or hearings not open to the public, and shall not be entitled

to receive compensation of any form for participating at board meetings.

3. The boards of cooperative educational services in any two or more

supervisory districts may cooperate in the provision of any of the

services authorized by subdivision four of this section. In such cases,

the district superintendents of the respective supervisory districts

shall serve as an executive committee to carry out the decision of the

boards of cooperative educational services in their respective

districts. Agreements may be made by such boards arranging for such

cooperative services on such terms and conditions as may be agreed upon

and providing the method of allocation of the cost thereof. Such

agreements may be made for such period as may be approved by the

commissioner but not to exceed ten years. The terms of such agreement

shall be binding upon such boards and their component districts for the

period specified in such agreement.

4. The board of cooperative educational services shall have the power

and duty to:

a. (1) Appoint a district superintendent of schools in the manner

provided in section twenty-two hundred four of this chapter, and in its

discretion to provide for the payment of supplementary salary to the

district superintendent of schools by the supervisory district. The term

of any employment contract or agreement between a district

superintendent and the board of cooperative educational services that is

entered into or amended on or after the effective date of this

subparagraph shall not exceed three years. Copies of employment

contracts and amendments to such contracts entered into pursuant to this

paragraph shall be filed with the commissioner within five days of

execution.

(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, 2029

* (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, 2029

(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, 2029

(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, 2029

* (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, 2029

(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, 2029

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, (i) for aid payable in the

two thousand twenty-five--two thousand twenty-six school year and prior

school years in excess of thirty thousand dollars, (ii) for aid payable

in the two thousand twenty-six--two thousand twenty-seven school year in

excess of forty thousand dollars, (iii) for aid payable in the two

thousand twenty-seven--two thousand twenty-eight school year in excess

of fifty thousand dollars, and (iv) for aid payable in the two thousand

twenty-eight--two thousand twenty-nine school year and thereafter, in

excess of sixty 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.

* 20. (a) The use of artificial intelligence systems, as defined by

section one hundred three-e of the state technology law, shall not

affect the: (i) existing rights of employees pursuant to an existing

collective bargaining agreement; or (ii) the existing representational

relationships among employee organizations or the bargaining

relationships between the employer and an employee organization.

(b) The use of such artificial intelligence systems shall not result

in the: (i) discharge, displacement or loss of position, including

partial displacement such as a reduction in the hours of non-overtime

work, wages, or employment benefits, or result in the impairment of

existing collective bargaining agreements; or (ii) transfer of existing

duties and functions currently performed by employees of the board of

cooperative educational services to an artificial intelligence system.

(c) The use of such artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment and civil service status. The collective

bargaining unit membership status of all existing employees of the board

of education shall be preserved and protected.

* NB Repealed July 1, 2028