N.Y. Education Law § 1951: Budget of board of cooperative educational services

§ 1951. Budget of board of cooperative educational services. 1. The

final administrative and capital budgets of the board of cooperative

educational services as adopted shall be a charge against all of the

school districts contained in the board of cooperative educational

services, provided, however, that any component school district which

does not elect to participate in any specific educational service

authorized to be furnished by the board of cooperative educational

services shall not be required to pay any share of the moneys provided

in the program 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, however, expenditures for the board of

cooperative educational services program, including office and central

administrative expenses, traveling expenses and salaries and benefits of

supervisors and all other central administrative personnel necessary to

carry out its program shall be deemed administrative expenses which

shall be a charge upon all component school districts notwithstanding

the fact that such a component school district elects to not participate

in any specific program offered by the board of cooperative educational

services. Each school district's proportionate share of administrative

and capital expenses shall be determined in accordance with subparagraph

seven of paragraph b of subdivision four of section nineteen hundred

fifty of this article. The board shall allocate the cost of other

services to participating component school districts in accordance with

terms agreed upon between such board and the boards of education and

trustees of each component school district using the local uniform unit

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 school

districts and shall be computed in accordance with 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. The school authorities of each school district in the

board of cooperative educational services shall add such amount to the

budget of such school district and shall pay such amount to the

treasurer of the board of cooperative educational services, and shall be

paid out by the treasurer upon orders of the board issued and executed

pursuant to the resolution of said board.

2. a. If the board of cooperative educational services determines to

submit a proposition to authorize the purchase or acquisition of sites

or additions thereto and real property and to construct buildings

thereon and to purchase buildings and construct additions thereto, or to

authorize the sale of any real property the title to which is vested in

the board of cooperative educational services and buildings thereon and

appurtenances or any part thereof, or to authorize the exchange of real

property held by the board of cooperative educational services for the

purpose of improving or changing school sites, to the qualified voters

of the board of cooperative educational services, then the board shall

call a meeting and submit to the qualified voters of the board of

cooperative educational services such a proposition. The board shall

cause a notice of such meeting to be given by public notice of the time

and place of such meeting once in each week within the four weeks next

preceding such meeting, the first publication to be at least twenty-five

days before said meeting, in two newspapers if there shall be two, or in

one newspaper if there shall be but one, having general circulation

within the board of cooperative educational services, but if no

newspaper shall then have general circulation therein, the said notice

shall be posted in at least twenty of the most public places in said

board of cooperative educational services twenty-five days before the

time of such meeting. Such notice shall contain a statement of the

proposition or propositions to be submitted at such meeting.

b. Such notice and all other notices and reports required to be

published in newspapers under the provisions of this chapter shall be

printed at the rates and for the fees prescribed in section eight

thousand seven of the civil practice law and rules. In the event that

the publishers of one or both of the newspapers having general

circulation in such district shall refuse to print and publish the

notices or reports at the rates and for the fees so prescribed,

publication in such newspaper or newspapers so refusing may be omitted,

in which case the notices or reports shall be posted as required by this

section in lieu of such publication.

c. A person shall be entitled to vote at any meeting of the voters of

the board of cooperative educational services who is:

(1) A citizen of the United States.

(2) Eighteen years of age.

(3) A resident within the board of cooperative educational services

for a period of thirty days next preceding the meeting at which he

offers to vote.

No person shall be deemed to be ineligible to vote at any such

meeting, by reason of sex, who has the other qualifications required by

this paragraph.

d. If a person offering to vote at any meeting of the voters of the

board of cooperative educational services shall be challenged as

unqualified by any legal voter of such board at such meeting, the

chairman presiding at such meeting shall require the person so offering

to make the following declaration: "I do declare and affirm that I am,

and have been, for the thirty days last past, an actual resident of this

board of cooperative educational services and that I am qualified to

vote at this meeting." Every person making such declaration shall be

permitted to vote on all questions proposed at such meeting; but if any

person shall refuse to make such declaration his vote shall be rejected.

e. A person who shall wilfully make a false declaration of his right

to vote at a meeting of the voters of a board of cooperative educational

services after his right to vote thereat has been challenged, shall be

deemed guilty of a misdemeanor. Any person not qualified to vote at such

meeting, who shall vote thereat, shall thereby forfeit ten dollars, to

be sued for by the supervisor for the benefit of the board.

f. In all propositions arising at said meeting, the vote thereon shall

be by ballot.

g. If the board of cooperative educational services shall so

determine, voting machines may be used for recording the vote at such

meeting. Before any such machine is used at any such meeting, the

inspectors of election shall examine it and see that all the counters

are set at zero (000) and that the ballot labels are properly placed,

and that the machine is in all respects in proper condition for use. The

use of such machine shall be deemed a compliance with any provision of

law requiring the vote to be by ballot. The board of cooperative

educational services may purchase the necessary voting machine or

machines; or if the county board of elections shall consent thereto,

such machines belonging to the county or belonging to the town in which

any part of said board of cooperative educational services shall be

located may be used at any such meeting, the expense of delivery and

returning and setting up, and any other expense connected therewith

shall be defrayed by the board of cooperative educational services; but

such machines belonging to the county shall not be so used at the time

or times when they may be required under the election law.

h. The board of cooperative educational services shall appoint a

qualified voter of the board of cooperative educational services as the

chairman of any such meeting. The clerk of the board of cooperative

educational services shall give written notice of appointment to the

person so appointed. If the person appointed as chairman refuses to

accept such appointment, or fails to serve, the board of cooperative

educational services may appoint a qualified voter of the board of

cooperative educational services to fill the vacancy. The meeting shall

be called to order by the chairman.

i. If the clerk of the board of cooperative educational services shall

not be present, the board may appoint a qualified voter of the board of

cooperative educational services to act as clerk of the meeting. The

board shall appoint qualified voters of the board of cooperative

educational services as assistant clerks of the meeting. The clerk of

the board of cooperative educational services shall give a written

notice of appointment to the persons so appointed as assistant clerks.

If a person appointed as assistant clerk refuses to accept such

appointment, or fails to serve, the board may appoint a qualified voter

of the board of cooperative educational services to fill the vacancy.

Each assistant clerk shall be entitled to compensation at a rate to be

fixed by the board for each day actually and necessarily spent upon the

duties of his office. The clerk and assistant clerk or clerks of the

meeting shall keep an accurate and true written record of all

proceedings of the meeting and shall file such written record with the

clerk of the board of cooperative educational services within

twenty-four hours after the meeting.

j. The board shall appoint two qualified voters of the board of

cooperative educational services for each ballot box to be used to act

as inspectors of election at such meeting. The clerk of the board of

cooperative educational services shall give written notice of

appointment to the persons so appointed. If a person appointed as

inspector of election refuses to accept such appointment, or fails to

serve, the board may appoint a qualified voter of the board of

cooperative educational services to fill the vacancy. Additional

inspectors of election may be appointed in the same manner when, in the

opinion of the board, special circumstances exist requiring the services

of such additional inspectors. The inspectors of election shall, before

the polls are opened, organize by naming one of their number as chief

inspector of election. Each inspector of election shall be entitled to

compensation at a rate to be fixed by the board for each day actually

and necessarily spent upon the duties of his office.

k. A poll list containing the name and legal residence of every person

whose vote shall be received shall be kept by the clerk and assistant

clerk or clerks of the meeting.

l. The board shall at the expense of the board of cooperative

educational services provide a suitable box or boxes in which the

ballots, folded so as to conceal the marking thereon, shall be deposited

as they are received, and shall in like manner provide a voting booth or

booths and the voters shall be required to enter such booth or booths

for the purpose of marking their ballots.

m. The board shall cause printed ballots to be prepared, setting forth

the proposition or propositions to be voted upon, in the form applicable

to the submission of a proposition to the meeting of a union free school

district.

n. All qualified voters entitled to vote who are in the place where

the meeting is held at or before the time of closing the polls shall be

allowed to vote.

o. Immediately upon the close of the polls the inspectors of election

shall canvass the ballots in the same manner as ballots are canvassed at

a meeting of a union free school district. The chairman of the meeting

shall declare to the meeting the result of each ballot as announced to

him by the inspectors of election, and those propositions receiving a

majority of the votes of the voters present and voting shall be deemed

approved.

p. The meeting of the voters of the board of cooperative educational

services shall be conducted in the same manner as a meeting of the

voters of a union free school district.

q. If the board shall so determine it may cause the board of

cooperative educational services to be divided into election districts

provided that in each such election district the number of qualified

voters shall at least equal seven hundred. If such resolution be adopted

it shall divide the board of cooperative educational services into such

number of election districts as the board may determine, provided that

if circumstances will permit there shall be a schoolhouse in each

election district or in as many such election districts as possible. The

election districts so formed shall continue in existence until modified

by resolution of the board. Such resolution shall accurately describe

the boundaries of each such district by street, alley and highway or

otherwise. Meetings of the voters of the board of cooperative

educational services shall be held thereafter in such election

districts. The board shall designate the place within each election

district where the meetings shall be held. When the board of cooperative

educational services is divided into election districts, the board shall

cause the meeting to be held in each election district pursuant to the

provisions of this subdivision and shall appoint a chairman of the

meeting, clerks and assistant clerks of the meeting and inspectors of

election for each election district. The board shall designate the

election district in which the clerk of the board of cooperative

educational services shall be present. Where the board of cooperative

educational services has been divided into election districts, the

inspectors of election shall make a written report of the results of the

ballot, signed by all such inspectors, to the chief inspector of

election of each election district. The chief inspector of election of

each election district shall within twenty-four hours file such written

report with the clerk of the board of cooperative educational services.

The board shall thereupon within twenty-four hours tabulate and declare

the results of the ballot.

r. All disputes concerning the validity of any meeting of the voters

of a board of cooperative educational services or of any of the acts of

the officers of such meeting shall be referred to the commissioner of

education for determination and his decisions in the matter shall be

final and not subject to review. The commissioner may in his discretion

order a new meeting.

s. The board of cooperative educational services shall provide

absentee ballots to qualified voters. The commissioner shall adopt

regulations for the purposes of implementing the provisions of this

paragraph which shall include, but not be limited to, creating the

procedure for which such absentee ballots shall be submitted; providing

that such absentee ballots shall be, as nearly as practicable, in the

same form as those voted at the district election; requiring that any

absentee ballot applicant is or will be, on the day of the vote, a

qualified voter of the board of cooperative educational services and

that he or she will be on such date over eighteen years of age, a

citizen of the United States and has or will have resided in said

district for thirty days next preceding such date; and providing

instructions as to the proper marking thereof.

t. The board of cooperative educational services shall provide early

mail ballots to qualified voters. The commissioner shall adopt

regulations for the purposes of implementing the provisions of this

paragraph which shall include, but not be limited to, creating the

procedure for which such early mail ballots shall be submitted;

providing that such early mail ballots shall be, as nearly as

practicable, in the same form as those voted at the district election;

requiring that any early mail ballot applicant is or will be, on the day

of the vote, a qualified voter of the board of cooperative educational

services and that he or she will be on such date over eighteen years of

age, a citizen of the United States and has or will have resided in said

district for thirty days next preceding such date; and providing

instructions as to the proper marking thereof.

3. a. For the nineteen hundred ninety-seven--ninety-eight school year

and thereafter, the commissioner shall prescribe, in consultation with

the comptroller of the state of New York and within the general taxonomy

of accounts established by the comptroller pursuant to section

thirty-six of the general municipal law, a uniform and specific taxonomy

for service programs and activities of boards of cooperative educational

services. In developing such prescribed taxonomy, the commissioner shall

consider the recommendations of an advisory panel of district

superintendents of schools or their representatives as appointed by the

commissioner for such purpose.

b. In developing and adopting a budget for the nineteen hundred

ninety-seven--ninety-eight school year pursuant to this article, each

board of cooperative educational services may use the same locally

selected specific taxonomy for service programs and activities as used

for the nineteen hundred ninety-six--ninety-seven school year within the

general taxonomy of accounts established by the comptroller pursuant to

section thirty-six of the general municipal law, provided that all such

accounts shall be converted to the uniform and specific taxonomy

prescribed by the commissioner pursuant to paragraph a of this

subdivision by October first, nineteen hundred ninety-seven and provided

that copies of the approved program, capital and administrative budgets

as converted to such uniform and specific taxonomy shall be submitted to

the commissioner on or before October first, nineteen hundred

ninety-seven.

c. In developing and adopting a budget pursuant to this article for

the nineteen hundred ninety-eight--ninety-nine school year and

thereafter, each board of cooperative educational services shall use the

uniform and specific taxonomy for service programs and activities

prescribed by the commissioner pursuant to paragraph a of this

subdivision.