NY Educ L § 1951 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 40 - Boards of Cooperative Educational Services 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. For purposes of this paragraph, qualified  voters  of  a  board  of  cooperative  educational services  may  request  an absentee ballot subject to the conditions set forth in  paragraph  a  of  subdivision  two  of  section  two  thousand eighteen-b of this title.   * NB Effective until January 1, 2022   * 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.   * NB Effective January 1, 2022   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.