2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 40 - Boards of Cooperative Educational Services › 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.
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, 2024
* (2)  Certain  services  prohibited.  Commencing  with  the  nineteen
hundred ninety-seven--ninety-eight school year, the  commissioner  shall
not  be  authorized  to approve as an aidable shared service pursuant to
this subdivision  any  cooperative  maintenance  services  or  municipal
services,  including  but  not  limited  to,  lawn  mowing  services and
heating, ventilation or air conditioning repair or maintenance or  trash
collection,   or   any  other  municipal  services  as  defined  by  the
commissioner. On and after the effective date  of  this  paragraph,  the
commissioner  shall  not  approve, as an aidable shared service, any new
cooperative maintenance or municipal services for the  nineteen  hundred
ninety-six--ninety-seven school year, provided that the commissioner may
approve  the  continuation  of such services for one year if provided in
the nineteen hundred ninety-five--ninety-six school year.
* NB Effective July 1, 2024
(2-a)  Cost  effectiveness  of  instructional  and   non-instructional
technology.  Notwithstanding  any other provision of this section to the
contrary, expenditures incurred pursuant to purchase and/or installation
contracts entered into on or after January fifteenth, two thousand,  for
the   following   categories   of  instructional  and  non-instructional
technology purchase and installation:
(i) computer equipment,
(ii) conduits,
(iii) wiring,
(iv) powering and testing of hardware installations,
(v) all costs associated with lease or purchase of local or wide  area
network hardware located on district property, and
(vi)  incidental  costs  for  original  purchase  and  installation of
hardware, including installation of  basic  operating  systems  software
required for hardware testing,
shall  not  be considered an aidable shared service unless the component
school district is able to demonstrate that such shared service would be
more cost-effective than would otherwise be possible  if  such  services

were  to  be purchased without the involvement of a board of cooperative
educational services. Any aid  that  may  be  payable  for  such  shared
service  pursuant  to subdivision five of this section shall be excluded
in  the  demonstration  and determination of cost-effectiveness and cost
savings pursuant to  this  subdivision.  The  commissioner  shall  issue
guidelines  to  advise component school districts in their determination
of cost-effectiveness. Notwithstanding any other provision of law, if  a
component   school   district  determines  that  any  instructional  and
non-instructional technology purchase and installation from the board of
cooperative educational services are not cost effective,  as  determined
pursuant to this paragraph, the commissioner shall, upon request, assist
the  school  district  to  enter  into  a  cooperative service agreement
(CO-SER) with another BOCES, which is cost effective in the provision of
such technology purchases and installations.
(3) Requests for shared services;  operating  plan;  required  notice.
Requests  for  such  shared  services shall be filed by component school
districts with the board of cooperative educational services  not  later
than the first day of February of each year, provided that such requests
shall  not  be  binding upon the component school district. The board of
cooperative  educational  services  shall  submit  its  proposed  annual
operating  plan  for  the  ensuing  school  year  to  the department for
approval not later than the fifteenth day of February of each year. Such
board shall, through its executive officer, notify each component school
district on or before the tenth day of  March  concerning  the  services
which  have  been  approved by the commissioner to be made available for
the ensuing school year. Such notice shall set forth the  local  uniform
cost of each such service, based on (i) anticipated participation in the
ensuing school year, or (ii) participation in the current year, or (iii)
a two or three year average including participation in the current year,
which  unit  cost  shall  be  the  same  for all participating component
districts and  shall  be  based  upon  a  uniform  methodology  approved
annually  by  at  least  three-quarters  of  the participating component
school districts after consultation by local school officials with their
respective boards; provided, however, such unit cost shall be subject to
final adjustment for programs for students with  disabilities  based  on
actual participation in accordance with regulations of the commissioner.
Notwithstanding  the  determination  of  the  local  uniform  unit  cost
methodology selected in accordance with this paragraph,  each  board  of
cooperative education services shall annually report to the commissioner
the budgeted unit cost and, when available, the actual unit cost of such
programs  and  services,  in accordance with both the local uniform unit
cost  methodology  and  a  statewide  uniform  unit   cost   methodology
prescribed  by  the  commissioner  by  regulation,  where  the  budgeted
statewide unit cost shall be based on the anticipated  participation  in
the  ensuing  year  and the actual statewide unit cost shall be based on
actual participation through the end of each year.
(4) Contracts for shared services; allocation of costs. Each component
school district shall on or before the first day of May  following  such
notification notify the board of cooperative educational services of its
intention  to  participate or not to participate in such shared services
and the specific services which such district elects  to  utilize.  Each
participating  component  school  district  shall be required to pay the
board of cooperative educational services for the cost of  the  services
set  forth  in  such  notification,  except  for  adjustments  caused by
subsequent unanticipated changes in the district's enrollment. The board
of cooperative educational services shall enter into contracts with  its
component  school  districts for such requested services. A copy of each
executed contract for such purpose shall be filed with the  commissioner

by  the  board  of  cooperative  educational services on or prior to the
first day of August of each  year.  Notwithstanding  the  provisions  of
paragraph  b  of  this  subdivision, any component school district which
does  not elect to participate in any such specific cooperative services
authorized under this paragraph shall not be required to pay  any  share
of  the  moneys  provided in the budget as salaries of teachers or other
personnel employed in providing such service, for equipment and supplies
for such service or for transportation of pupils to and from  the  place
where  such  service  is  maintained. Provided, further, that a board of
cooperative educational services may allocate the cost of such  services
to  component  school  districts  in  accordance  with terms agreed upon
between such board and three-quarters of the  boards  of  education  and
trustees of local school districts participating in the service.
(5)  Operating  plan  and  budget;  unanticipated shared services. The
board  of  cooperative  educational  services  shall   submit   to   the
commissioner  on  or  before the first day of June an operating plan and
budget based upon the request for services which it  has  received  from
its  component  school  districts.  Such  submission  shall  include the
budgeted unit cost of programs and services based on both the local  and
the  statewide  uniform  unit  cost  methodologies  for each program and
service offered by the board  of  cooperative  educational  services.  A
board  of  cooperative  educational services which receives requests for
unanticipated shared services subsequent to the adoption of  its  budget
shall  submit an amended operating plan including such additional shared
services to the commissioner, together with a statement from  the  chief
school  administrator  of  each school district which has requested such
services indicating the availability of  funds  in  the  budget  of  the
school  district  to  pay  for such district's share of the cost of such
additional services. Such amended plan shall be submitted in the  manner
and  form  prescribed  by  regulations of the commissioner. The board of
cooperative educational services shall allocate the  cost  of  providing
such  additional  shared  services  among the component school districts
which  have  requested  such  services,  and  shall  contract  with  the
component  school  districts  for such services. A copy of each contract
for this purpose shall be filed by the board of cooperative  educational
services  with  the  commissioner  not  more  than  thirty days from its
execution. An annual program report and evaluation for each school  year
as  prescribed  by  the commissioner, shall be submitted by the board of
cooperative educational services to the commissioner on  or  before  the
first day of September following such school year.
e. Upon the recommendation of the district superintendent, employ such
administrative  assistants,  teachers,  supervisors,  clerical  help and
other personnel as may be necessary to carry out its program.
f. Receive all reimbursements from public  funds  on  account  of  the
cooperative  educational  services performed under its jurisdiction, and
allocate the costs of  cooperative  educational  activities  and  shared
services   including  administrative  and  clerical  costs  against  the
component school districts and receive and disburse  the  same,  and  to
apportion  surpluses  and  assessments  for  services  on  the  basis of
participation to those components and to those school districts  outside
the  board  of  cooperative  educational  services  contracting for such
programs, and to apportion surpluses and assessments for  administrative
expenses  to  all  component districts. All such apportionments shall be
made annually.
g.  Borrow  money  in  anticipation  of  revenue  due  the  board   of
cooperative educational services.
h.  (1) Arrange cooperative educational services with and if necessary
make contracts covering same  with  other  public  agencies  for  shared

services  and  to produce educational television materials and programs,
and to own or lease television facilities and to enter into  appropriate
contracts concerning the same.
(2)  To  enter  into  contracts with the United States of America, the
State of New  York,  any  school  district,  community  college,  public
institution  of  higher  education,  independent  institution  of higher
education eligible for aid under section sixty-four hundred one of  this
chapter,  public  libraries, or public agency in relation to the program
of the board of cooperative educational services, and  any  such  school
district,  community college, institution of higher education, or public
agency is hereby authorized and empowered to do and perform any and  all
acts  necessary or convenient in relation to the performance of any such
contracts.
(3) To enter into contracts with school districts which are  component
districts  in  the  board  of  cooperative  educational services for the
education by such component school district or districts of children who
reside within the board  of  cooperative  educational  services  in  the
program  of  the  board of cooperative educational services, and for all
purposes of this chapter in such event such  children  shall  be  deemed
attending  classes  maintained  by  the board of cooperative educational
services. School districts are hereby authorized and empowered to do and
perform any and all acts necessary or  convenient  in  relation  to  the
performance of any such contracts.
(4)  To  enter  into  contracts with nonpublic schools to provide data
processing services for pupil personnel records and other administrative
records of the nonpublic schools  and  the  processing  of  fingerprints
utilized  in  criminal history record checks for those nonpublic schools
that elect to require such criminal history record  checks  pursuant  to
paragraph  (a)  of  subdivision  thirty of section three hundred five of
this chapter.
(5) To enter into contracts with the United  States  of  America,  the
state  of  New  York,  any community college, agricultural and technical
college or other public agency  for  the  purpose  of  providing  career
education programs to such agencies. Any such proposed contract shall be
subject  to  the  review  and approval of the commissioner, who may only
approve such proposed contract when, in his opinion, such contract  will
result  in  a  more economical utilization of existing career and career
education resources than  would  be  achieved  were  such  contract  not
approved.  The  commissioner  shall issue a finding in writing in making
all determinations pursuant to this article.
(6) To  enter  into  contracts  with  not-for-profit  corporations  to
participate   in  federal  programs  relating  to  career  training  and
experience. Any such proposed contract shall be subject  to  review  and
approval  of  the  commissioner,  who may approve such proposed contract
only when in his opinion such  contract  will  result  in  increased  or
improved career opportunities. The commissioner shall issue a finding in
writing in making all determinations pursuant to this subparagraph.
(7)  To enter into contracts with the state of New York, any community
college, agricultural and technical college, or public  agency  for  the
purpose  of  providing  electronic  data  processing  services  to  such
agencies. Any such proposed contract shall be subject to the review  and
approval  of  the  commissioner,  who  may  only  approve  such proposed
contract when, in his opinion, such contract will not disrupt the  level
of  services provided to component school districts and will result in a
more economical utilization of existing board of cooperative educational
services computer facilities. The commissioner shall issue a finding  in
writing in making all determinations pursuant to this subparagraph.
(8)  To  enter  into  contracts with the commissioner of the office of
children and family services pursuant to subdivision  six-a  of  section
thirty-two  hundred  two  of this chapter to provide to such office, for
the benefit of youth in its custody,  any  special  education  programs,
related services, career and technical education services and music, art
and  foreign  language  programs  provided  by  the board of cooperative
educational services to component school districts.  Any  such  proposed
contract shall be subject to the review and approval of the commissioner
to  determine  that  it  is an approved cooperative educational service.
Services provided pursuant to such contracts shall be provided at  cost,
and   the  board  of  cooperative  educational  services  shall  not  be
authorized to charge any costs incurred in providing  such  services  to
its component school districts.
* (10)  To enter into contracts of no more than five years and subject
to the sunset date of this subparagraph, with out-of-state schools  for:
(a)  special  education;  and/or  (b)  career  and  technical  education
services; and/or (c) for the use of existing products  that  demonstrate
how  to  map  the  next  generation standards to assessments; and/or (d)
providing access to existing webinars  or  online  courses  relating  to
implementation   of   the   next  generation  standards;  for  providing
professional development to educators; and/or  (e)  technology  products
developed  for  the  use  of school districts located in New York state,
including computer programs and software  packages  that  help  students
learn  and  assist  districts  in  achieving  greater  efficiencies. For
purposes of this subparagraph,  an  out-of-state  school  shall  mean  a
public  elementary  or secondary school or a degree granting institution
of higher education, located outside of New York state; provided further
for purposes of providing services authorized in clauses  (c),  (d)  and
(e)  of  this  subparagraph,  out-of-state  shall  also  include schools
located outside the continental United States.  Any  contract  shall  be
approved  by  the  commissioner,  the  board  of cooperative educational
services and the  district  superintendent  of  schools,  provided  such
services   are   made  available  to  any  school  district  within  the
supervisory district and that the requirements of this subparagraph  are
met.  Contracts must be executed by the board of cooperative educational
services and the trustees or boards of education  of  such  out-of-state
schools and shall only authorize out-of-state students to participate in
an  instructional program if such services are available to all eligible
students in New York state schools in the component  districts  and  the
number  of participating out-of-state students only comprises up to five
percent of the total number  of  the  total  enrolled  students  in  the
instructional  program  at the board of cooperative educational services
and that the board of cooperative educational services  spends  no  more
than  thirty  percent of its employees' time on services to out-of-state
schools  pursuant  to  this  subparagraph.  To  be   approved   by   the
commissioner, the contract and any business plan, shall demonstrate that
any   services   provided  to  out-of-state  schools  pursuant  to  this
subparagraph shall not result in any additional costs being  imposed  on
component  school  districts and that any payments received by the board
of cooperative  educational  services  for  services  provided  in  this
subparagraph   that   exceed  any  cost  to  the  board  of  cooperative
educational services for providing such services  shall  be  applied  to
reduce  the  costs  of  aidable  shared  services allocated to component
school districts pursuant to paragraph d of this subdivision  and  shall
also  be  applied  to  reduce  the approved cost of services pursuant to
subdivision five of this  section.  Services  provided  by  a  board  of
cooperative  educational  services to component districts at the time of
approval of a contract under this paragraph  shall  not  be  reduced  or

eliminated  solely  due  to a board of cooperative educational services'
performance  of  services  to  out-of-state  schools  pursuant  to  this
paragraph.
* NB Repealed July 1, 2024
(11)  To  enter  into  contracts  with  individual public libraries or
public  library  systems  for  the  purpose  of   providing   high-speed
telecommunications  services  including,  but not limited to, high-speed
internet services. Any such proposed contract shall be  subject  to  the
review  and  approval  of  the  commissioner,  who may only approve such
proposed contract when, in such commissioner's opinion,  such  contract:
(a)  will  result in a more economical utilization of existing boards of
cooperative educational services high-speed telecommunications  services
or resources than would be achieved were such contract not approved; (b)
will  not  disrupt  the level of services to component school districts;
and (c) will result in a more economical utilization of existing library
resources. The commissioner shall issue a finding,  in  writing,  making
any determination pursuant to this subparagraph. Such services to public
libraries and library systems shall be provided at cost and shall not be
eligible for aid pursuant to subdivision five of this section.
(12)  To enter into contracts with preschool special education program
providers approved pursuant to section forty-four hundred  ten  of  this
chapter  to  process services relating to online application systems for
educators.
(13) To establish, upon local interest  from  one  or  more  component
school  districts  and  subject  to  approval  by  the  BOCES  board  of
education, an agriculture program that is designed to  provide  students
with  the  skills  required  to  work  in,  and  help sustain New York's
agriculture industry.  Such program may include, but not be limited  to,
a  partnership  with  farms  and other agriculture entities in the state
that provide students  with  hands-on  experience  combined  with  other
educational opportunities.
i. Make such reports as are required by the commissioner of education.
j.  Appoint  one  of  its  members as president, one of its members or
another qualified voter in a district within the supervisory district as
clerk and another qualified voter in a district within  the  supervisory
district  as  treasurer.  The duties of the clerk and treasurer shall be
the same  as  those  established  by  statute  and  regulations  of  the
commissioner of education for clerks and treasurers of union free school
districts.
k.  Designate  a  depositary  within  the  territorial  limits  of any
component district for the deposit of money in the  manner  provided  by
section  ten  of  the  general  municipal  law.  The  receipt,  deposit,
investment and disbursement  of  moneys,  and  all  procedures  relating
thereto,  including, but not limited to the requirements for signatures,
the appointment of a claims auditor to approve claims for purchases, and
the optional use of claim forms, and the establishment  of  an  internal
audit  function,  shall  be  subject  to the laws relating to union free
school districts.
m. At the  request  of  officials  of  school  districts,  created  by
legislative  act,  within  the  territory  of  a  board  of  cooperative
educational services, provide services as outlined  in  paragraph  d  of
this  subdivision.  For  such districts, there shall be apportioned from
state funds to the board of cooperative educational services a sum equal
to one-half the total cost of the approved  services  provided  to  such
school district.
n. In those counties where taxes other than those on real property are
applied  to  school  purposes,  the  tax rate shall be deemed to be that

which would result  if  such  taxes  had  not  been  applied  to  school
purposes.
o. A meeting of members of the boards of education and school trustees
of the component districts shall be held during the month of April on or
before  the  fifteenth  day  of April, on a date and at a place and hour
designated by the president of  the  board  of  cooperative  educational
services.  The  tentative  administrative capital and program budgets of
the board of cooperative educational services  shall  be  available  for
inspection  of  the  boards  of  education  and  school trustees at such
meeting. Notice of the date, time and place of  such  meeting  shall  be
given to each of the members of the boards of education and trustees and
to the clerk of each of the component school districts by mail addressed
to  the  last known address of such persons at least fourteen days prior
to the meeting.
p.  * (a) To rent suitable land, classrooms, offices or buildings upon
or in  which  to  maintain  and  conduct  such  cooperative  educational
services and administrative offices for a period not to exceed ten years
for leases entered into with public entities and twenty years for leases
entered  into  with non-public entities and to improve, alter, equip and
furnish such land, classrooms, offices or buildings in a suitable manner
for such purposes, provided that: (1) before executing  any  lease,  the
board shall adopt a resolution determining that such agreement is in the
best  financial  interests  of  the supervisory district and stating the
basis of that determination; (2) the rental payment shall  not  be  more
than  the  fair  market value as determined by the board and provided to
the commissioner; (3) The  board  discloses  any  conflict  of  interest
pursuant  to  subparagraph (c) of this paragraph, or any other potential
or perceived conflict of interest, to the commissioner, and in the event
of a conflict of interest  or  a  potential  or  perceived  conflict  of
interest,   provides   detailed   documentation   to   the  commissioner
demonstrating that the cost of the lease is not more  than  fair  market
value;  and  (4)  upon  the consent of the commissioner, renewal of such
lease may be made for a period of up to  ten  years.  Nothing  contained
herein  shall  prevent  the  board  from entering into a lease agreement
which provides for the cancellation of the same by such board upon:  (i)
a  substantial  increase  or  decrease  in  pupil  enrollment; or (ii) a
substantial  change  in  the  needs  and  requirements  of  a  board  of
cooperative  educational  services  with respect to facilities; or (iii)
any other change which substantially affects the needs  or  requirements
of a board of cooperative educational services or the community in which
it  is  located.  No  lease  or other contract for the occupancy of such
land, classrooms, offices or buildings shall be enforceable against  the
board  of  cooperative  educational  services  unless and until the same
shall have been approved in writing by the commissioner. In the case  of
a  lease longer than ten years, the commissioner's written approval must
include a finding that the proposed lease complies with all requirements
of this paragraph and would be more cost-effective than a lease  of  ten
years or fewer.
* NB Effective until July 1, 2024
* (a)  To rent suitable land, classrooms, offices or buildings upon or
in which to maintain and conduct such cooperative  educational  services
and  administrative  offices for a period not to exceed ten years and to
improve, alter, equip and furnish  such  land,  classrooms,  offices  or
buildings  in  a  suitable manner for such purposes (1) before executing
any lease, the board shall adopt  a  resolution  determining  that  such
agreement is in the best financial interests of the supervisory district
and  stating  the  basis  of  that determination; (2) the rental payment
shall not be more than the fair market value as determined by the board;

and (3) upon the consent of the commissioner, renewal of such lease  may
be  made for a period of up to ten years. Nothing contained herein shall
prevent the board from entering into a lease  agreement  which  provides
for  the  cancellation of the same by such board upon: (i) a substantial
increase or decrease in pupil enrollment; or (ii) a  substantial  change
in  the  needs  and  requirements  of a board of cooperative educational
services with respect to facilities; or (iii)  any  other  change  which
substantially   affects   the  needs  or  requirements  of  a  board  of
cooperative educational  services  or  the  community  in  which  it  is
located.  No  lease  or  other  contract for the occupancy of such land,
classrooms, offices or buildings shall be enforceable against the  board
of cooperative educational services unless and until the same shall have
been approved in writing by the commissioner.
* NB Effective July 1, 2024
(b)  To  lease  unneeded  facilities  to  public  or private agencies,
individuals, partnerships, or corporations, with  the  approval  of  the
commissioner  of  education,  and  for  a term not to exceed five years,
which shall be renewable  with  the  approval  of  the  commissioner  of
education.
* (c)  if  any  member  of  the  board  of  education  of the board of
cooperative educational services, officer or employee of  the  board  of
cooperative educational services has a financial interest, either direct
or  indirect, in any lease to which the board of cooperative educational
services is, or is to be, a party, such interest shall be  disclosed  to
the board of education of such board of cooperative educational services
in  writing  and  shall  be  set  forth  in  the minutes of the board of
education of the board of cooperative educational services. The  member,
officer  or  employee  having such interest shall not participate in any
action by the board of cooperative educational services with respect  to
such lease.
* NB Repealed July 1, 2024
q. To provide transportation for pupils to and from classes maintained
by  such board of cooperative educational services at the request of one
or more school districts. School districts  and  boards  of  cooperative
educational  services are authorized to enter into contracts with one or
more school districts, private contractors, and one or  more  boards  of
cooperative  educational  services  and  any  municipal  corporation and
authority  to  provide  such  transportation.  Boards   of   cooperative
educational  services  may  operate  joint  or  regional  transportation
systems for the transportation authorized by articles seventy-three  and
eighty-nine  of  this chapter. Such transportation, except when provided
by a  political  subdivision  or  a  board  of  cooperative  educational
services,  shall  be subject to the requirements of subdivision fourteen
of section three hundred five of the education law.
r. With the approval of the district superintendent of schools and  of
the commissioner of education to furnish any of the educational services
provided  for  in  this  section  or  any  other  section  of  law which
authorizes such board to provide services to school districts outside of
the supervisory district, upon such terms as may be agreed upon pursuant
to contracts executed by such board of cooperative educational  services
and the trustees or boards of education of such school districts.
s.   Provide  workmen's  compensation  coverage  as  provided  in  the
workmen's compensation law for all  teachers  and  other  employees  for
injuries incurred in actual performance of duty.
t.  When  authorized by the qualified voters of the board, to purchase
or otherwise acquire buildings, sites or additions thereto, to  purchase
or  otherwise  acquire  real  property  for  any  lawful  purpose and to
construct buildings thereon.
u. To purchase necessary furniture, equipment,  implements,  apparatus
and supplies.
v. To accept gifts of real and personal property.
w.  To furnish any of the services provided for in this section or any
other section of law which authorizes such board to provide services  to
school  districts  outside  of  the  board  of  cooperative  educational
services, with the approval of the commissioner of education and of  the
district  superintendent of schools or superintendents of schools having
jurisdiction of such school districts for a period of not to exceed five
years, upon such terms as may  be  agreed  upon  pursuant  to  contracts
executed  by  the  board  of  cooperative  educational  services and the
trustees or boards of education of such school districts.
x. To sell, when authorized by the qualified voters of  the  board  of
cooperative  educational  services, any real property the title of which
is vested in the board of cooperative educational services and buildings
thereon and appurtenances or any part thereof at  such  price  and  upon
such  terms  as  shall  be  prescribed in such resolution; also, when so
authorized,  to  exchange  real  property  belonging  to  the  board  of
cooperative  educational  services  for  the  purpose  of  improving  or
changing school sites. The proceeds of such sale  shall  be  applied  as
provided by the resolution authorizing such sale.
* y.  To  enter  into  agreements  for the lease of personal property.
Before executing any such agreement, the board shall adopt a  resolution
determining  that  such  agreement is in the best financial interests of
the board of cooperative educational services,  which  resolution  shall
state the basis for that determination. Such agreements shall be subject
to  the  bidding requirements of the general municipal law. No agreement
for the lease of personal property may be made for a term in  excess  of
five  years,  beginning  with  the  time of receipt of possession of the
subject of the lease.
* NB There are 2 par. y's
* y. Notwithstanding any other provision of this section and with  the
consent  of  the  commissioner,  the  board  of  cooperative educational
services of the county of Oswego  may  enter  into  contracts  with  the
county  of  Oswego to provide transportation for handicapped children in
the county of Oswego  to  and  from  any  facility  or  institution  for
educating handicapped children within or without such county.
* NB There are 2 par. y's
z. To furnish, with the approval of the commissioner of education, for
an  amount  not  less  than  the  cost thereof, any of the instructional
support services provided to component school districts,  including  but
not  limited  to  audio-visual  materials  and  related  media services,
curricular materials, in-service education programs and pupil  personnel
services for the diagnosis of handicapping conditions, to any nonpublic,
not-for-profit  elementary  or secondary school in the state of New York
which provides the instruction required by  section  thirty-two  hundred
four  and  article  seventeen of this chapter, and which is chartered by
the regents or registered with or subject to examination and  inspection
by the state education department.
aa. Notwithstanding any other provision of law, a board of cooperative
educational  services  may,  with  the  prior  written  approval  of the
commissioner, contract to  accept  from  a  leasing  company  which  has
qualified  as  lowest  bidder  pursuant to the provisions of the general
municipal law a sum sufficient to  purchase  data  processing  equipment
from  the manufacturer thereof, pay such sum to the manufacturer of said
equipment, receive the equipment and title thereto and convey  the  same
to  the  leasing company with a simultaneous lease of the equipment from
such leasing company to the board of  cooperative  educational  services

for  a  specified  period  of  years. Before any such agreement shall be
executed, the board of cooperative educational services  shall  adopt  a
resolution  determining  that  such  agreement  is in the best financial
interest of the board. Such lease may be renewed for a further specified
period  of  years  with  the  prior  approval  of  the  commissioner  of
education.
bb. Boards of cooperative educational services  may  provide  academic
and  other  programs  and  services  in the school year on a cooperative
basis, including summer programs and services. (1) Requests  to  provide
such programs and services shall be filed annually with the commissioner
for approval.
(2)  The  commissioner  may approve such programs and services only if
they (a) are requested by two or more component  school  districts;  (b)
will  provide  additional opportunities for pupils; (c) will be expected
to result in a  cost  savings  to  the  two  or  more  component  school
districts requesting the programs and services; (d) will provide greater
opportunity for pupils, including those with handicapping conditions, to
earn  credit for academic subjects and (e) will insure a greater or more
appropriate use of  facilities  by  boards  of  cooperative  educational
services.
(3)  Such  programs and services may include, but shall not be limited
to (a) expansion of itinerant teaching  services  in  advanced  academic
subject  courses;  (b)  academic  course  offerings  at regular board of
cooperative educational services centers or at leased sites  during  the
school  year  or  summer  school  periods,  as  requested  by  component
districts; (c) block scheduling to enable students to attend classes  at
a  board of cooperative educational services center for an entire school
day;   (d)   satellite   offerings   of   specific   concentrations   or
specializations  sponsored by boards of cooperative educational services
at local schools, with cross-contracting for services; (e) expanded  use
of  interactive  television  and  other  technologies  to offer academic
courses on site or at component school districts; and  (f)  programs  of
academic  intervention services approved by the commissioner designed to
fulfill the academic intervention services requirement  imposed  by  the
regulations  of  the  commissioner,  provided  that  in  approving  such
programs and services for the two thousand--two thousand one school year
or thereafter, the commissioner shall assure that the program or service
results in a cost savings to all participating  districts,  disregarding
any aid pursuant to subdivision five of this section.
(4)  Such  programs or services if approved by the commissioner, shall
be eligible for aid pursuant to subdivision five of this section.
(5) A teacher whose position in a school district is abolished as  the
result  of  a  takeover  of  an academic program by a board or boards of
cooperative educational services shall be accorded the  rights  provided
by section thirty hundred fourteen-a of this chapter.
(6) To implement a program or service approved under this paragraph, a
school  district  may  transport  pupils  to  the  site  of  a  board of
cooperative educational services program in those cases  where  a  pupil
otherwise  would be entitled to transportation but for the fact that the
program is at the board of cooperative educational services and not at a
school of the district. Under these circumstances, for those purposes of
article  seventy-three  of  this  chapter,  the  board  of   cooperative
educational services site shall be considered a school.
cc.  Upon  approval  by a vote of the board of cooperative educational
services, establish and maintain a program of  reserves  not  to  exceed
three  per centum of the annual budget of the district to cover property
loss and liability claims.  Separate  funds  shall  be  established  for
property  losses  and for liability claims, and the separate identity of

each such fund shall be maintained whether its assets consist of cash or
investments or both. The money in such  funds  shall  be  deposited  and
secured  in  the manner provided by section ten of the general municipal
law.  The  moneys so deposited shall be accounted for separate and apart
from all other funds of the district, in the same manner as provided  in
subdivision  ten  of  section  six-c  of  the general municipal law. The
moneys in such funds may be invested in the manner provided  by  section
eleven of the general municipal law. Any interest earned or capital gain
realized  on the money so deposited shall accrue and become part of such
funds. Such reserve funds shall not be reduced to amounts less than  the
total  of  the  amounts  estimated to be necessary to cover incurred but
unsettled claims or suits including  expenses  in  connection  therewith
other  than  by  payments for losses for which such reserve amounts were
established, except that such board may  authorize  use  of  such  funds
other  than  amounts  allocated  for unsettled claims or suits including
expenses in connection therewith to pay premiums for insurance  policies
purchased  to insure subsequent losses in areas previously self-insured,
in the event of dissolution of the self-insurance plan.
dd. Provide for activities and services pertaining to the arts at  the
request  of  one  or more school districts. Such activities and services
shall be eligible for aid and shall include,  but  not  be  limited  to,
programs with, and performances by, artists or organizations approved by
the   commissioner  of  education.  Boards  of  cooperative  educational
services are authorized to enter into contracts with one or more  school
districts, or boards of cooperative educational services.
ee.  Upon  approval  by a vote of the board of cooperative educational
services and of the boards of education of  a  majority  of  the  school
districts  participating  in  the  instructional  program of such board,
establish a career education instructional equipment  reserve  fund  for
the  replacement  and  purchase of advanced technology equipment used in
instructional programs conducted by the board of cooperative educational
services.  Subject  to  a  limitation  imposed  by  regulation  of   the
commissioner on the amount of money which may be maintained in equipment
reserve  funds  established  pursuant to this paragraph, moneys for such
funds shall be obtained  by  including  depreciation  expenses  for  the
career education instructional equipment used in providing instructional
services  on  a cooperative basis in the computation of the cost of such
services pursuant to paragraph d of this subdivision. Proceeds from  the
sale   of   career   education   instructional  equipment  used  in  the
instructional programs of the board  and  any  income  earned  on  money
deposited  in  a reserve fund shall become part of such fund. The moneys
in such funds shall be deposited and secured in the manner  provided  by
section  ten of the general municipal law. The moneys so deposited shall
be accounted for  separate  and  apart  from  all  other  funds  of  the
district,  in  the same manner as provided in subdivision ten of section
six-c of the general municipal law. The moneys  in  such  funds  may  be
invested  by the board of cooperative educational services in the manner
provided by section eleven of the general municipal law. In the event  a
career education instructional equipment reserve fund is liquidated, the
moneys  in  such  fund  shall  be  allocated  to  the  school  districts
participating in the instructional programs of the board of  cooperative
educational  services in proportion to the value of the contributions to
the fund made by  the  participating  districts.  The  commissioner  may
promulgate  regulations  pertaining,  but  not limited, to the amount of
money to be retained in such reserve funds, the types of  equipment  for
which  depreciation  expenses  may be charged and for which expenditures
may be made  from  the  reserve  fund,  and  required  documentation  of
transactions relating to such funds.
ff. In its discretion, to purchase insurance against personal injuries
incurred  by  an  authorized  participant in a school volunteer program,
including but not limited to, those authorized participants  who  assist
on  school buses, school sponsored transportation to and from school, or
on  school sponsored field trips or any other school sponsored activity;
provided, however, that the injuries were incurred while the  authorized
participant  was  functioning  either  within  the  scope  of his or her
authorized volunteer duties or under  the  direction  of  the  board  of
education,  trustee,  or  board  of cooperative educational services, or
both.
gg. Notwithstanding any other provision of law, a board of cooperative
educational services may provide training for employment to adults on  a
space  available  basis,  with  consideration  given  to occupations and
industries in demand, and establish reduced adult tuition rates for such
training. For the purposes of this section, training for employment  for
adults  shall  be  offered  through  state  approved  sequences or parts
thereof  of  secondary  career   education   instruction.   Adults   may
participate   in   such  instruction  and  be  awarded  certificates  of
completion, but they may not earn credit based  on  their  participation
towards a high school diploma. Pursuant to section forty-six hundred two
of  this  chapter,  a  board  of  cooperative  educational  services may
establish such reduced rates for participation of adults  provided  that
participation  is  limited to assigned instructional staff and currently
used facilities in scheduled secondary career  education  programs,  and
provided  further  that such rates may not be less than fifty percent of
the tuition rates charged to school districts for the  participation  of
secondary   students   in  the  same  programs,  unless  waived  by  the
commissioner  based  on  application  of  the   board   of   cooperative
educational  services.  This  participation of adults at reduced tuition
rates shall be in accordance with terms agreed  upon  by  the  board  of
cooperative  educational  services  and  the  component school districts
receiving such services but in  no  case  shall  such  rates  result  in
extraordinary  costs assigned to such component school districts. Boards
of cooperative educational  services  which  provide  such  training  to
adults  shall  submit  to the commissioner annually a report which shall
include but not be limited to the  number  of  adults  served,  referral
source, training sequences or parts thereof taken by adult participants,
the  tuition  rates  charged  to  them,  and the gross revenues realized
therefrom. For the purpose of this paragraph,  "adult"  shall  mean  any
person  under  the  age  of  twenty-one  who  has received a high school
diploma or any person twenty-one years of age or older, whether  or  not
they have received a high school diploma.
hh.  Provide  for  activities and services pertaining to environmental
education at  the  request  of  more  than  one  school  district.  Such
activities  and  services  each  of  which  shall not exceed three weeks
duration to be eligible for aid and  shall  include  programs  with  and
performances   by  individuals  or  organizations  with  special  skills
essential to the activity or service, but not appropriate to  full  time
boards  of cooperative educational services staff. Boards of cooperative
educational  services  are  authorized  to  enter  into  contracts  with
individuals,  public  agencies, and not-for-profit corporations to carry
out the provisions of this paragraph, subject to  the  approval  of  the
commissioner.
ii.  Enter  into  agreements  with  one  or more financing agencies to
provide for the acceptance by such board of credit cards as a  means  of
payment  of  course  fees  or  tuition  when  required for instructional
programs offered by such board of cooperative educational services.  Any
such agreement shall govern the terms and conditions upon which a credit

card  proffered  as  a means of payment of such fees or tuition shall be
accepted or declined and the manner in and  conditions  upon  which  the
financing  agency  shall  pay  to  such board the amount of such fees or
tuition  paid  by means of a credit card pursuant to such agreement. Any
such agreement may provide  for  the  payment  by  such  board  to  such
financing  agency  of  fees  for the services provided by such financing
agency. For purposes of this paragraph, the following terms  shall  have
the following meanings:
(1)  "Credit  card" means any credit card, credit plate, charge plate,
courtesy card, debit card or other identification card or device  issued
by a person to another person which may be used to obtain a cash advance
or  a  loan or credit or to purchase a lease property or services on the
credit of the person issuing the credit card or a person who has  agreed
with the issuer to pay obligations arising from the use of a credit card
issued to another person.
(2) "Financing agency" means any agency defined as such in subdivision
eighteen of section four hundred one of the personal property law;
(3)  "Person"  means  an  individual,  partnership, corporation or any
other legal or commercial entity.
jj. To contract to furnish any of the services provided  for  in  this
section  to  component  school  districts  of  the  board of cooperative
educational services, with the  approval  of  the  commissioner,  for  a
period  not  to exceed five years, upon such terms as may be agreed upon
pursuant  to  such  contracts  executed  by  the  board  of  cooperative
educational  services  and  the  trustees or boards of education of such
school districts, provided that any such contract entered into, extended
or amended on or after July first, nineteen hundred ninety-six shall  be
consistent  with the requirements of paragraph d of this subdivision and
subdivision one of section nineteen hundred fifty-one  of  this  article
regarding  the  allocation  of costs to component school districts based
upon the local uniform unit cost of each such service.
kk. For the nineteen hundred  ninety-seven--ninety-eight  school  year
and  thereafter,  the  board of cooperative educational services (BOCES)
shall prepare a BOCES  report  card,  pursuant  to  regulations  of  the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed administrative budget made publicly available  as  required  by
law,  making  it  available  for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such  report
card  shall include measures of the academic performance of the board of
cooperative educational services, on a school by school  or  program  by
program basis, and measures of the fiscal performance of the supervisory
district,  as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these  measures  to
statewide  averages  for all boards of cooperative educational services.
Such  report  card  shall  include  any  information  required  by   the
commissioner.
ll. a. Shall require, for purposes of a criminal history record check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of  this  chapter,  who  do  not  hold  valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d  of  the  vehicle and traffic law. Prior to initiating the
fingerprinting process,  the  prospective  employer  shall  furnish  the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records search. Every set of

fingerprints  taken  pursuant  to  this  paragraph  shall  be   promptly
submitted to the commissioner for purposes of clearance for employment.
b.  Upon  the recommendation of the district superintendent, the board
may  conditionally  appoint  a  prospective  employee.  A  request   for
conditional  clearance shall be forwarded to the commissioner along with
the prospective employee's fingerprints, as required by paragraph  a  of
this subdivision. Such appointment shall not commence until notification
by the commissioner that the prospective employee has been conditionally
cleared  for  employment  and shall terminate forty-five days after such
notification of conditional clearance or when the  prospective  employer
is  notified  of  a  determination  by the commissioner to grant or deny
clearance, whichever occurs earlier, and may not be extended or  renewed
unless the commissioner issues a new conditional clearance after finding
that  there  was  good cause for failing to obtain clearance within such
period, provided that if clearance is  granted,  the  appointment  shall
continue   and  the  conditional  status  shall  be  removed.  Prior  to
commencement of such conditional appointment, the  prospective  employer
shall  obtain  a  signed  statement for conditional appointment from the
prospective employee, indicating whether, to the  best  of  his  or  her
knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
conviction in any jurisdiction outside the state.
c. Upon the recommendation of the district superintendent,  the  board
may  make  an  emergency  conditional  appointment  when  an  unforeseen
emergency vacancy has occurred.  When  such  appointment  is  made,  the
process  for  conditional  appointment  pursuant  to paragraph b of this
subdivision must also be initiated.  Emergency  conditional  appointment
may  commence prior to notification from the commissioner on conditional
clearance but shall terminate twenty business days from  the  date  such
appointment  commences  or  when the prospective employer is notified by
the  commissioner  regarding  conditional  clearance,  whichever  occurs
earlier,   provided  that  if  conditional  clearance  is  granted,  the
appointment shall continue as a conditional appointment.  Prior  to  the
commencement of such appointment, the prospective employer must obtain a
signed   statement   for  emergency  conditional  appointment  from  the
prospective employee, indicating whether, to the  best  of  his  or  her
knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
conviction in any jurisdiction. An unforeseen emergency vacancy shall be
defined as: (i) a vacancy that occurred  less  than  ten  business  days
before  the  start  of  any  school session, including summer school, or
during any school session, including summer school,  without  sufficient
notice  to  allow  for  clearance or conditional clearance; (ii) when no
other qualified person is available to fill the vacancy temporarily; and
(iii) when emergency conditional appointment is  necessary  to  maintain
services  which  the district is legally required to provide or services
necessary to protect the health, education  or  safety  of  students  or
staff.  The  provisions  of subparagraph (i) of this paragraph shall not
apply if the board finds that the district has been unable to  fill  the
vacancy  despite  good  faith  efforts  to fill such vacancy in a manner
which would have allowed sufficient time for  clearance  or  conditional
clearance.
d.  Shall  develop  a  policy  for the safety of the children who have
contact with an employee holding conditional  appointment  or  emergency
conditional appointment.
mm.  Shall  upon  commencement  and  termination  of  employment of an
employee by the board, provide the commissioner with  the  name  of  and
position held by such employee.
nn.  Notwithstanding  any other provision of this section and with the
consent of the commissioner, the  Madison-Oneida  board  of  cooperative

educational  services  may  enter  into  a  contract or contracts not to
exceed a total period of two years with  the  Madison  Cortland  ARC  to
provide  transportation  maintenance  and repair services on buses owned
and  operated  by  the Madison Cortland ARC. The Madison-Oneida board of
cooperative educational services shall not charge any portion  of  costs
incurred pursuant to this paragraph to its component school districts.
oo. Notwithstanding any other provision of law, a board of cooperative
educational  services  is  authorized  to  enter  into  a  memorandum of
understanding with the trustees or board of education of a non-component
school district, including city school  districts  of  cities  with  one
hundred  twenty-five  thousand  inhabitants or more, to participate in a
recovery high school  program  operated  by  the  board  of  cooperative
educational  services  for  a  period not to exceed five years upon such
terms  as  such  trustees  or  board  of  education  and  the  board  of
cooperative  educational services may mutually agree, provided that such
agreement may provide for a charge for administration  of  the  recovery
high   school   program   including  capital  costs,  but  participating
non-component school districts  shall  not  be  liable  for  payment  of
administrative  expenses  as defined in paragraph b of this subdivision.
Costs  allocated  to  a  participating  non-component  school   district
pursuant  to  a memorandum of understanding shall be aidable pursuant to
subdivision five of this section to the same  extent  and  on  the  same
basis as costs allocated to a component school district.
4-a.  The  board  of  cooperative educational services shall develop a
plan to ensure that all  instructional  materials  to  be  used  in  the
programs  of the board of cooperative educational services are available
in a usable alternative format for each student with  a  disability,  as
defined  in section forty-four hundred one of this chapter, and for each
student who is a qualified individual with a disability  as  defined  in
the  rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701)
as amended, in accordance with his or her educational needs  and  course
selection,  at  the  same  time  as  such  instructional  materials  are
available to non-disabled students. As part of such plan, the  board  of
cooperative educational services shall amend its procurement policies to
give  a preference in the purchase of instructional materials to vendors
who agree to provide materials in alternative formats. For  purposes  of
this  subdivision,  "alternative format" shall mean any medium or format
for  the  presentation  of  instructional  materials,   other   than   a
traditional  print  textbook,  that  is needed as an accommodation for a
disabled student enrolled in a  program  of  the  board  of  cooperative
educational services, including but not limited to Braille, large print,
open  and  closed captioned, audio, or an electronic file in an approved
format, as defined in the  regulations  of  the  commissioner.  When  an
electronic  file is provided, the plan shall specify how the format will
be accessed by students and/or how the  district  shall  convert  to  an
accessible  format.  Such  plan  shall  identify  the  needs of students
enrolled in a program of the board of cooperative  educational  services
for  alternative format materials. Such plan shall also specify ordering
timelines to ensure that alternative format materials are  available  at
the  same  time  as  regular  format materials. Such plans shall include
procedures to address the need to obtain materials in alternative format
without delay for disabled students who enroll in a program of  a  board
of cooperative educational services during the school year.
5. a. Upon application by a board of cooperative educational services,
there  shall  be  apportioned and paid from state funds to each board of
cooperative educational services an amount which shall be the product of
the approved cost of services actually incurred  during  the  base  year
multiplied by the sharing ratio for cooperative educational services aid

which  shall  equal the greater of: (i) an amount equal to one minus the
quotient expressed as a decimal to  three  places  without  rounding  of
eight  mills divided by the tax rate of the local district computed upon
the  actual  valuation  of  taxable  property, as determined pursuant to
subdivision one of section thirty-six hundred two of  this  chapter  and
notwithstanding  section  three thousand six hundred three, expressed in
mills to the nearest tenth as determined by the commissioner,  provided,
however,  that where services are provided to a school district which is
included within a central high school district  or  to  a  central  high
school  district,  such  amount  shall  equal  one  minus  the  quotient
expressed as a decimal to three places without rounding of  three  mills
divided  by  the  tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid  ratio
of  each  school  district  for  the  current  year, which shall be such
component school district's board of  cooperative  educational  services
aid  ratio and which shall be not less than thirty-six percent converted
to decimals and shall be not  more  than  ninety  percent  converted  to
decimals.  For the purposes of this paragraph, the tax rate of the local
district computed upon the actual valuation of taxable property shall be
the sum of the amount of tax raised by  the  school  district  plus  any
payments  in  lieu  of taxes received by the school district pursuant to
section four hundred eighty-five of the real property tax  law,  divided
by  the  actual valuation of the school district, provided, however that
the tax rate for a central high school district shall be the sum of  the
amount  of  tax  raised  by  the  common and union free school districts
included within the central high school district for the support of  the
central high school district plus any payments in lieu of taxes received
for  the support of the central high school district pursuant to section
four hundred eighty-five of the real property tax law,  divided  by  the
actual  valuation  of the central high school district. The tax rate for
each common or union free school district which  is  included  within  a
central  high  school district shall be the sum of the amount raised for
the support of such common  or  union  free  school  district  plus  any
payments  in  lieu  of  taxes  received  for  the  support of the school
district pursuant to  section  four  hundred  eighty-five  of  the  real
property  tax  law,  exclusive of the amount raised for the central high
school district, divided by the actual valuation of such common or union
free school district.
b. The cost of  services  herein  referred  to  shall  be  the  amount
allocated  to each component school district by the board of cooperative
educational  services  to  defray  expenses  of  such  board,  including
approved  expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant  to
section  eleven  hundred ten of the public health law provided that such
expenses for testing of potable water systems are not reimbursable  from
another  state  or  federal  source, except that that part of the salary
paid  any  teacher,  supervisor  or  other  employee  of  the  board  of
cooperative  educational  services which is in excess of thirty thousand
dollars shall not be such an approved  expense,  and  except  also  that
administrative and clerical expenses shall not exceed ten percent of the
total expenses for purposes of this computation. Any gifts, donations or
interest  earned  by the board of cooperative educational services or on
behalf of the board of cooperative educational services by the dormitory
authority or any other source shall not be deducted in  determining  the
cost  of  services  allocated  to  each  component  school district. Any
payments made to a component school district by the board of cooperative
educational services pursuant to subdivision eleven of section six-p  of
the  general  municipal  law attributable to an approved cost of service

computed pursuant to this subdivision shall be deducted from the cost of
services allocated to such component school  district.  The  expense  of
transportation provided by the board of cooperative educational services
pursuant  to  paragraph  q  of subdivision four of this section shall be
eligible for aid apportioned pursuant to subdivision  seven  of  section
thirty-six  hundred  two  of  this  chapter  and no board of cooperative
educational services transportation expense shall be an approved cost of
services  for  the  computation   of   aid   under   this   subdivision.
Transportation  expense  pursuant  to paragraph q of subdivision four of
this section shall be included in the computation  of  the  ten  percent
limitation on administrative and clerical expenses.
c.  The  "tax  rate" as herein referred to shall not include a special
tax levied for debt service in an existing district of a central  school
district or a consolidated district.
d.  Nothing  in  this  act shall prevent school districts or boards of
cooperative educational services with the approval of  the  commissioner
of  education  from providing cooperative educational services for which
no application for state aid is to be made.
e. Any aid apportioned in accordance with section two hundred thirteen
of the education law to a board of cooperative educational  services  in
connection  with  the production of educational television materials and
programs,  or  the  acquisition  by  purchase,  lease  or  otherwise  of
television  facilities  or  operational expenses in connection therewith
shall not be utilized in connection with computing the apportionment  to
such  board  of cooperative educational services. Any aid apportioned or
paid by the state to a board of  cooperative  educational  services  for
experimental  or  special  programs  shall not be utilized in connection
with  computing  the  apportionment  to  such   board   of   cooperative
educational services.
f.  The  sum  of  the  amounts  determined  for  each component school
district as the apportionment to the board  of  cooperative  educational
services  pursuant  to  the provisions of this section shall not be less
than the amount which would have been apportioned  during  the  nineteen
hundred  sixty-seven--sixty-eight  school  year  under the provisions of
this subdivision as in effect on December thirty-first, nineteen hundred
sixty-six to the board of cooperative educational services of which  the
district  was  a component member for which such apportionment was made,
except that such minimum apportionment shall be reduced in any  year  in
which   the   expenditures  of  the  component  district  for  board  of
cooperative educational purposes fall below the expenditure on which the
nineteen hundred sixty-seven--sixty-eight apportionment to the board  of
cooperative educational services was based, such reduction to be made on
a proportionate basis.
g. Any payment required by a board of cooperative educational services
to  the  dormitory  authority  or  any  payment  required  by a board of
cooperative educational  services  to  acquire  or  construct  a  school
facility  of  the  board  of  cooperative  educational services, and any
payments for rental of facilities by a board of cooperative  educational
services  shall,  for  the purposes of apportionment of public moneys to
the board of cooperative educational services by the state of New  York,
be  deemed  to be an administrative or capital expense, as designated by
the commissioner, but  the  entire  amount  of  such  payment  shall  be
utilized  in making such apportionment and the limitation of ten percent
of the total  expenses  contained  in  this  subdivision  shall  not  be
applicable.  Any  expense  designated  by  the commissioner as a capital
expense shall be  included  in  the  capital  budget  of  the  board  of
cooperative  educational  services  and, except as otherwise provided in
this paragraph, shall be aided in the same manner as  an  administrative

expense.  Any  such  payment  shall  not be considered part of the total
expenses of the board for purposes of determining the administrative and
clerical expenses not to exceed ten percent otherwise eligible  for  aid
under  this  subdivision,  and such payments shall be considered for the
purpose of apportionment during the current school year such payment  is
made.  The  apportionment  for  such  payments  shall  be  determined by
multiplying the amount of  such  payment  allocated  to  each  component
school  district in the board of cooperative educational services by the
aid ratio, and shall be  not  more  than  ninety  percent  converted  to
decimals,  of each such component computed pursuant to subdivision three
of section thirty-six hundred two and used  to  apportion  aid  to  that
district   in   that   current   school  year;  provided,  however,  the
apportionment  for  the   construction,   acquisition,   reconstruction,
rehabilitation,  or  improvement  of  board  of  cooperative educational
services facilities, including payments to the dormitory  authority  and
payments  under any lease agreement, shall be based upon the cost of the
board of cooperative educational services school facilities but  not  to
exceed  the  cost  allowance  set  forth  in  subdivision six of section
thirty-six hundred two of the education  law  and  payments  for  rental
facilities shall be subject to the approval of the commissioner.
h.  Each board of cooperative educational services receiving a payment
pursuant to paragraph a  of  this  subdivision  and  section  thirty-six
hundred  nine-d of this chapter shall be required to set aside from such
payment an amount not  less  than  the  amount  of  state  aid  received
pursuant  to  paragraph  a of this subdivision in the base year that was
attributable to cooperative services  agreements  (CO-SERs)  for  career
education,  as  determined by the commissioner, and shall be required to
use such amount to support career  education  programs  in  the  current
year.
5-a.  Financial  assistance for school districts first joining a board
of cooperative educational services (BOCES). a. Eligibility. Any  school
district  first joining a BOCES on or after July first, nineteen hundred
ninety-five and prior to  July  second,  nineteen  hundred  ninety-seven
shall  be eligible to apply to the commissioner for financial assistance
pursuant to the provisions of this subdivision and subdivision  five  of
this section.
b.  Financial  assistance. Financial assistance shall mean an interest
free loan available upon application in the current year which shall not
exceed the product of (i) the applicable percent defined in paragraph  c
of  this  subdivision  and  (ii)  the  sum  of  the  local share and any
repayment due for the prior year loan. Such local share shall equal  the
positive  remainder resulting when aid payable on behalf of the district
in the current year pursuant to subdivision  five  of  this  section  is
subtracted  from  the  district's  BOCES  expenses which are or would be
aidable  in  the  current  year  or  the  next  year  pursuant  to  such
subdivision  five.  The annual application for such a loan shall be in a
form prescribed by the commissioner and shall accompany  the  submission
of  the final set of state aid forms required of the BOCES each year and
shall be certified by the district  superintendent  of  the  BOCES.  The
amount  of  the loan in any year shall be determined by the commissioner
and the payment and repayment of the loan shall be  in  accordance  with
the provisions of paragraph d of this subdivision.
c.  Applicable  percent. The applicable percent shall be determined by
the number of years that an  eligible  district  has  been  a  component
district  of  a BOCES. In the first year, such percent shall be equal to
the district's BOCES and building aid ratio for aid payable in the first
year in which the district joins the BOCES, each year  thereafter,  such

percent  shall  be  reduced by ten percent until such percent would drop
below ten percent at which time it shall be deemed to be zero.
d.  Payment and repayment. Notwithstanding any inconsistent provisions
of section thirty-six hundred nine-a of this chapter, the  loan  amounts
determined   by  the  commissioner  pursuant  to  paragraph  b  of  this
subdivision shall be paid to each eligible school district on or  before
June  fifteenth, commencing with the first year of eligibility, but only
to the extent that the repayment of the base year loan has been secured.
Notwithstanding any inconsistent provision of law, the state comptroller
shall deduct the amount of any base year loan from any monies  due  such
school  district  in March of the current year. Should the amount of any
monies due such school district in March be insufficient  to  repay  the
total  amount  of  the  base year loan to the school district, the state
comptroller shall deduct any balance due the state from any other monies
payable to such district. Should the total amount of monies due to or on
behalf of such school district be insufficient to repay the total amount
of the base year loan determined in paragraph  b  of  this  subdivision,
such  school  district  shall  make a direct payment to the state before
March first of the current year and such payment shall  be  credited  to
the general fund local assistance account of the department.
6.  The  board of cooperative educational services is hereby created a
body corporate. All property which is now vested in, or shall  hereafter
be  transferred  to the board of cooperative educational services, shall
be held by them as a corporation.
7. In the event that two or  more  entire  supervisory  districts  for
which  boards  of cooperative educational services have been established
shall become a single  supervisory  district  by  the  redistricting  of
supervisory districts pursuant to section twenty-two hundred one of this
chapter,  the  boards  of  cooperative  educational services theretofore
established shall nevertheless remain in existence  until  August  first
next  following  such  redistricting for the purpose of carrying out the
programs for the current school year. For all other purposes,  from  and
after   the   effective  date  of  such  redistricting  such  boards  of
cooperative educational services shall  constitute  a  single  board  of
cooperative  educational  services  for the supervisory district as then
constituted in the same manner as though such board had been established
for such supervisory  district  pursuant  to  subdivision  one  of  this
section,  and  shall  have  all  of the powers and duties of such boards
under this chapter. The members of such boards shall continue  to  serve
until the expiration of the terms of office for which they were elected.
No  election  shall be held to fill vacancies on such board as the terms
of members expire until such date as the  terms  of  sufficient  members
have  expired  to cause the membership of such board to be not less than
five nor more than fifteen, such number to be determined at  the  annual
meeting  of  the  trustees  and  members  of boards of education of such
supervisory  district  held  in  the  month  of  April  following   such
redistricting.  Thereafter  members  of  such  board  shall  be  elected
annually  to  fill  vacancies   occurring   by   expiration   of   term.
Notwithstanding  any  other  provision  of  law,  a board of cooperative
educational services may fill a vacancy on  such  board  at  the  annual
board  election immediately following such annual meeting and may accept
nominations  pursuant  to  subdivision  two-a   of   this   section   in
anticipation  that  one  or  more  vacancies will exist once such annual
meeting so establishes the  number  of  the  membership  of  the  board,
provided that the election ballot shall state that nominations have been
accepted in anticipation of possible vacancies and that the clerk of the
board  of  cooperative  educational  services  will advise the component
boards in writing of the actual number of vacant offices to be filled at

the election, if any, no later than one business day  after  the  annual
meeting.  Should  such  a  supervisory  district  for  which  a board of
cooperative educational services has been established be divided by  the
commissioner   in  the  redistricting  thereof,  on  August  first  next
following such redistricting, after paying all  outstanding  obligations
of  such  board,  any balance of funds remaining in the treasury of such
board shall be allocated to the credit of the component school districts
in accordance with the ratio which the proportion of the cost  allocated
to each component school district bears to the total cost of services of
such  board  of  cooperative  educational  services during the last full
school year of its operation. In the event that a board  of  cooperative
educational  services  shall  have  been established for the supervisory
district of which such component district is then a part, the amount  of
such  balance  allocated  to such district shall be paid to the board of
cooperative  educational  services  established  for  such   supervisory
district and any member of the board of cooperative educational services
for  such  divided  district who resides in the territory so transferred
shall on and after the date of such redistricting become a member of the
board of cooperative educational services of the supervisory district to
which  the  school  district  in  which  he  or  she  resides  has  been
transferred  and  shall serve as such member until the expiration of the
term of office for which he or she was elected. In the event that  there
is  no  board  of  cooperative  educational  services  for any component
district the amount of such balance allocated to such district shall  be
paid  to  the  treasurer  of  such district. In such event the state aid
authorized by subdivision five of this section  for  the  last  year  of
operation  of  such  board  of cooperative educational services shall be
distributed to the component school districts in the amounts which would
have accrued to such board of cooperative educational services by reason
of their participation.
8. Notwithstanding any other  provision  of  this  chapter,  with  the
approval  of  the commissioner of education, at the request of boards of
education of union free school districts having  a  population  of  four
thousand five hundred or more and employing a superintendent of schools,
where such school districts lie within towns included in the supervisory
district  or  supervisory districts comprising the territory served by a
board of  cooperative  educational  services,  such  union  free  school
districts  may  upon the consent of the board of cooperative educational
services be included as component districts for  the  purposes  of  this
section  and  shall  have  all  of  the  rights  and obligations of such
component  districts  under  this  section.  Notwithstanding  any  other
provision  of  this  chapter,  and with the consent of the commissioner,
likewise, at the request of the board of education of  any  city  school
district,  having  a  population  of  less  than one hundred twenty-five
thousand inhabitants, such city school district may, upon the consent of
the  board  of  cooperative  educational  services,  be  included  as  a
component  district  for  the purpose of this section and shall have all
the rights and  obligations  of  such  component  districts  under  this
section.
8-a.  Notwithstanding any other provision of this section and with the
consent of the commissioner, the city school district  of  the  city  of
Syracuse  may,  upon  consent  of  the  board of cooperative educational
services for the sole supervisory  district  for  Onondaga  and  Madison
counties,  be  included  as a component district for the sole purpose of
operating a combined program and/or constructing a combined facility for
children with developmental disabilities in the city of Syracuse and the
county of Onondaga. Such city school district shall add an amount to its
budget and levy, collect and pay the same to such board  of  cooperative

educational services to defray the proportional expenses of constructing
and operating such facility for such children. Such city school district
shall  not  be liable for payment of administrative expenses as provided
for  in  paragraph  b of subdivision four of this section nor shall such
city school district be eligible for the payment of state aid under this
section except such city school district shall receive state  aid  based
on  its proportionate share of building expenses related to this program
as determined by the commissioner.
Such  city  school  district  shall  continue  to  receive  aid  under
subdivision five of section thirty-six hundred two for the attendance of
children in this program.
8-b. Notwithstanding any other provisions of this section and with the
consent  of  the commissioner, city school districts of cities in excess
of one hundred  twenty-five  thousand  inhabitants  but  less  than  one
million   inhabitants,   upon   consent  of  the  board  of  cooperative
educational services approved by the commissioner may be included  as  a
component district of such board of cooperative educational services for
the  sole  purpose  of  purchasing  student  information system services
consistent with standards established  by  the  commissioner  from  such
board  of  cooperative  educational  services.  Each  such  city  school
district shall add an amount to its budget and shall levy,  collect  and
pay  the  costs of such program to such board of cooperative educational
services to defray their portion of the expenses of such a program. Such
city school district shall not be liable for payment  of  administrative
expenses  as  provided  for  in  paragraph b of subdivision four of this
section nor shall such city school district be eligible for  payment  of
state aid under this section.
8-c.  Notwithstanding  any other provision of this section, any school
district not  a  component  of  the  board  of  cooperative  educational
services  of  the  supervisory  district  serving  its  geographic area,
including a city school district in a city having a population in excess
of one hundred twenty-five thousand inhabitants,  upon  consent  of  the
board  of  cooperative educational services and with the approval of the
commissioner, may be treated in the same manner as  a  component  school
district  of  the  board  of  cooperative  educational  services  of the
supervisory district serving its geographic area, or an adjoining  board
of  cooperative  educational  services  in  the  case  of  a city school
district in a city having one million inhabitants or more, for the  sole
purpose  of purchasing instructional support services, as defined by the
commissioner. Each such school district  shall  add  an  amount  to  its
budget and shall levy, collect and pay the costs of such program to such
board  of  cooperative educational services to defray its portion of the
expenses of such program, including a charge for administration  not  to
exceed  the  restricted  indirect  cost rate, provided that the board of
cooperative educational services shall not charge  any  portion  of  the
administrative  costs  incurred  pursuant  to  this  subdivision  to its
component school districts. Such school districts shall  not  be  liable
for payment of administrative expenses as provided for in paragraph b of
subdivision four of this section and subdivision one of section nineteen
hundred  fifty-one of this article. In the case of city school districts
in a city with  a  population  in  excess  of  one  hundred  twenty-five
thousand  inhabitants,  such  participation  shall be in addition to the
participation authorized by subdivisions eight-a  and  eight-b  of  this
section.  In  the  case  of  a  city  school  district  in a city with a
population of one hundred twenty-five thousand inhabitants or  more,  in
lieu  of  participation as a component district of an adjoining board of
cooperative educational services, the city school district  may  opt  to
provide  such  support  services  as  shared  services  directly  or  in

collaboration with one or more institutions  of  higher  education.  The
approved  costs  of  such  services  shall  be eligible for state aid in
accordance  with  the  provisions  of  subdivision  twenty  of   section
thirty-six  hundred  two  of this chapter, and shall not be eligible for
aid pursuant to subdivision five of this section.
8-d. Notwithstanding the provision of any law, rule, or regulation  to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its geographic region, may purchase from
such board as a non-component  school  district,  services  required  by
article nineteen of the education law.
9.  No  person shall be eligible to be elected to the office of member
of a board of cooperative educational services who is an employee  of  a
school district in the supervisory district.
9-a.  No  person  shall  be eligible to hold the office of member of a
board of cooperative educational services who does not reside within the
boundaries of a component school district of any such board.
10. Notwithstanding any other provisions of this  chapter  or  of  any
other  general  or  special law to the contrary, if and when two or more
supervisory districts shall be combined into a new supervisory  district
pursuant  to  the  provisions  of section twenty-two hundred one of this
chapter, as a result of which  the  boards  of  cooperative  educational
services  for  such supervisory districts shall become a single board of
cooperative  educational  services  for  such  redistricted  supervisory
district, such single board of cooperative educational services for such
redistricted  supervisory  district  shall,  in  such case, allocate the
appropriate amounts of payments required to be  made  to  the  dormitory
authority  for rental of facilities or otherwise to the school districts
contained,  respectively,  in  such   former   boards   of   cooperative
educational  services  for such supervisory districts, as if such boards
continued to exist in law for the sole purpose of making such payments.
11. With the approval of the  commissioner,  one  or  more  boards  of
cooperative  educational  services  and one or more school districts may
enter into an agreement or agreements to provide for  sharing  costs  of
construction  of  or  leases  for facilities acquired for the purpose of
housing services to be provided by a  board  or  boards  of  cooperative
educational services for provision of which services such facilities are
constructed  or leased, provided, however that no new agreements for the
sharing of costs of construction or leases of facilities may be  entered
into  pursuant  to this subdivision on or after July first, two thousand
three. No such agreement may be for a longer term than  is  required  to
retire  any  obligations  issued  by  one or more of the parties to such
agreement for the purpose of acquiring such facilities, or  to  pay  the
dormitory authority in full for the acquisition of such facilities.
13.  a.  A board of cooperative educational services and the component
school districts of such board of cooperative educational  services  may
enter into an agreement providing for the acquisition from the dormitory
authority  of  facilities  designed  to house services to be provided by
such board of cooperative educational services and for  the  sharing  of
the  cost  of  such acquisition. Such agreement in addition to providing
for all other matters deemed necessary and proper shall  (i)  set  forth
the  cost of such acquisition which shall be the amount certified by the
dormitory  authority  as  sufficient  to  pay  the  principal  of,   the
redemption  premium,  if any, and interest to the earliest of either the
maturity date or the next redemption date  on  all  obligations  of  the
dormitory  authority  issued  in  relation to providing such facilities,
including all incidental expenses in relation thereto, and (ii)  provide
for  an  allocation  and  apportionment  of the cost of such acquisition

among the component school districts on  such  equitable  basis  as  the
parties  thereto  shall  determine  and agree, and the proportion of the
total cost to be provided by each such district in accordance with  such
allocation  and apportionment. In those cases where construction of such
facilities shall not have been completed, the amount so certified by the
dormitory authority shall include the amount estimated to  be  necessary
by  the  dormitory  authority to complete such construction by it acting
for and on behalf of such board  of  cooperative  educational  services;
provided,  however,  that  such  agreement shall provide that such board
shall pay to the dormitory authority any additional  amounts  thereafter
determined  and  certified by the dormitory authority to be necessary in
order  to  complete  the  construction  of  such  facilities.   Existing
contracts  awarded  by  the  dormitory authority for the construction of
such facilities shall not be modified, nor shall any  work  not  covered
thereby  be  authorized, without the prior consent of an officer of such
board authorized to so act by a resolution of such board. Such agreement
shall be executed by all the component school districts of such board of
cooperative educational  services  whose  allocation  of  administrative
expenses  would include a portion of the amounts required to be paid the
dormitory authority for the rental of such facilities.
b.  The  acquisition  of  such  facilities  is  hereby  declared   and
determined  to be a school district purpose and an object or purpose for
which each such component school district is hereby authorized to expend
money and contract indebtedness. The period of  probable  usefulness  of
such  object  or  purpose  is hereby determined to be thirty years. Each
such component school district is hereby authorized to finance its share
of the cost of the acquisition of such facilities  together  with  costs
incidental  to such financing, including, but not limited to legal fees,
printing, engraving and publication of notices, either from any  current
funds  legally  available  therefor,  or  by the issuance of obligations
pursuant to the local  finance  law;  provided,  however,  that  (i)  no
approval  of  the  voters  of  such  component  school district shall be
required, (ii) the voting of a special tax or a tax to be  collected  in
installments  shall  not  be  a condition precedent to the adoption of a
bond resolution for such object or purpose, (iii) a majority vote of the
entire voting strength of the board of education shall be sufficient for
adoption of such a bond resolution, which bond resolution may be adopted
at a regular meeting, or a special meeting of  the  board  of  education
called  on  not less than twelve hours oral or written notice, which may
be held either within or outside of such district, (iv)  any  such  bond
resolution shall take effect immediately and shall not be subject either
to a mandatory or permissive referendum, and (v) no such bond resolution
shall  be  adopted  prior  to  the execution by the board of cooperative
educational services and the component school districts of such board of
cooperative educational services of the agreement required by  paragraph
a of this subdivision.
c.  Nothing  herein  contained shall be construed to permit any school
district in a city (as defined in paragraph two-b of section 2.00 of the
local finance law) to contract indebtedness for such object  or  purpose
in  excess of the limitation prescribed by paragraph b of section 104.00
of such law, without a compliance with the  provisions  of  paragraph  c
thereof.  A school district, other than a school district in a city, may
issue bonds or bond anticipation notes for such  object  or  purpose  in
excess  of  the  limitation  prescribed  by  paragraph d of such section
104.00, without complying with the  requirements  of  subparagraphs  one
through  three of such paragraph. Notwithstanding any other provision of
law to the contrary, a  special  act  school  district,  as  defined  in
subdivision  eight  of  section four thousand one of this chapter, shall

not be deemed a component school district of the  board  of  cooperative
educational services for purposes of this subdivision.
d.  Upon certification by the dormitory authority of the receipt by it
of the amount set forth in the agreement as the cost of the  acquisition
of such facilities, title thereto shall vest in the board of cooperative
educational  services  without any further action or deed or conveyance,
which title shall be  held  by  the  board  of  cooperative  educational
services  for  the  benefit  and  on  behalf of all the component school
districts of such board executing such agreement.
e. The validity of any obligations issued by any  school  district  in
accordance  with  this  subdivision shall not be affected or impaired by
any omission, defect or irregularity in any previous acts or proceedings
by the board of cooperative educational  services,  or  by  any  of  the
component  school  districts  of  such  board of cooperative educational
services in relation to the authorization  of  such  facilities  or  the
construction and financing thereof by the dormitory authority.
f. State aid on account of the acquisition of such facilities shall be
paid  to  each  component school district based upon its respective debt
service or share thereof paid pursuant to the agreement herein  provided
for, and upon its respective aid ratio.
g.  Notwithstanding any provision of law, the dormitory authority, any
board of cooperative  educational  services  and  any  component  school
district thereof, are all hereby authorized and empowered to perform any
and  all  acts  and  to  enter  into any and all agreements necessary or
desirable to effectuate the purposes of this subdivision.
14. a. All provisions of this subdivision shall be applicable only  if
any  agreement or agreements referred to herein shall be entered into by
a board of cooperative educational services and  all  of  the  component
school  districts  of  the  board of cooperative educational services. A
board of cooperative  educational  services  and  the  component  school
districts  of  such  board of cooperative educational services may enter
into  an  agreement  providing  for  the  acquisition  or  construction,
including  new  construction,  additions or reconstruction of facilities
designed to house services to be provided by such board  of  cooperative
educational services and for the sharing of the cost of such acquisition
or  construction.  Such agreement in addition to providing for all other
matters deemed necessary and proper shall (i) set forth the cost of such
acquisition or  construction  and  costs  incidental  thereto  and  (ii)
provide  for  an  allocation  and  apportionment  of  the  costs of such
acquisition or construction among the component school districts on such
equitable basis as the parties thereto shall determine  and  agree,  and
the proportion of the total cost to be provided by each such district in
accordance  with such allocation and apportionment. Such agreement shall
be executed by all the component  school  districts  of  such  board  of
cooperative   educational   services   and  such  board  of  cooperative
educational services. Such agreement may  provide  that  each  component
school  district  of  such  a  board of cooperative educational services
shall issue an agreed upon amount of its obligations in a  total  amount
sufficient  to  acquire  or  construct  such  facilities,  or  that  all
component districts of such board shall together issue joint obligations
pledging the full faith and credit for all component  districts  jointly
and  that  each such district shall pay a specified share of annual debt
service on such joint obligations in accordance with the  provisions  of
article five-g of the general municipal law and applicable provisions of
the local finance law.
b.  The  acquisition  or  construction  of  such  facilities is hereby
declared and determined to be a public purpose  and  a  school  district
purpose  and  a specific object or purpose for which each such component

school district is  hereby  authorized  to  expend  money  and  contract
indebtedness.  The period of probable usefulness of such specific object
or  purpose is hereby determined to be thirty years. Each such component
school district is hereby authorized to finance its share of the cost of
the  acquisition or construction of such facilities, together with costs
incidental thereto, either from  any  current  funds  legally  available
therefor or by the issuance of obligations pursuant to the local finance
law;  provided,  however,  that  (i)  no  approval of the voters of such
component school district shall  be  required,  (ii)  the  voting  of  a
special  tax  or  a  tax  to be collected in installments shall not be a
condition precedent to the  adoption  of  a  bond  resolution  for  such
specific  object  or purpose, (iii) a majority vote of the entire voting
strength of the board of education shall be sufficient for  adoption  of
such  a  bond  resolution,  which  bond  resolution  may be adopted at a
regular meeting, or a special meeting of the board of  education  called
on not less than twenty-four hours oral or written notice to the members
of  such  board  as  provided  in  section  sixteen  hundred  six of the
education law, which meeting may be held either  within  or  outside  of
such   district,  (iv)  any  such  bond  resolution  shall  take  effect
immediately and shall not be subject to either a mandatory or permissive
referendum, and (v) no such bond resolution shall be  adopted  prior  to
the  execution  by the board of cooperative educational services and all
of  the  component  school  districts  of  such  board  of   cooperative
educational  services  of  the agreement required by paragraph a of this
subdivision.
c. No further approval of the voters  of  such  board  of  cooperative
educational services or any component district thereof shall be required
other  than  that  required  by  paragraph t of subdivision four of this
section.
d. Such agreement shall further provide that  title  to  the  facility
shall  vest in the board of cooperative educational services which title
shall be held by the board of cooperative educational services  for  the
benefit  and  on  behalf  of  all the component school districts of such
board executing such agreement.
e. Nothing herein contained shall be construed to  permit  any  school
district in a city (as defined in paragraph two-b of section 2.00 of the
local  finance law) to contract indebtedness for such specific object or
purpose in excess of the limitation prescribed by paragraph b of section
104.00 of such law, without complying with the provisions of paragraph c
thereof. A school district, other than a school district in a city,  may
not  issue  bonds or bond anticipation notes for such specific object or
purpose in excess of the limitation prescribed by paragraph  d  of  such
section 104.00, without complying with the requirements of subparagraphs
one through three of such paragraph. Notwithstanding any other provision
of  law  to  the  contrary, a special act school district, as defined in
subdivision eight of section four thousand one of  this  chapter,  shall
not  be  deemed  a component school district of the board of cooperative
educational services for purposes of this subdivision.
f. State aid on account of the acquisition  or  construction  of  such
facilities  shall  be  paid to each component school district based upon
its respective debt service  or  share  thereof  paid  pursuant  to  the
agreement  herein  provided  for, and upon its respective aid ratio. Any
such computation of state aid shall further be based upon  the  cost  of
such  acquisition,  or  construction, and including incidental costs, to
the board of cooperative educational services but not to exceed the cost
allowance set forth in subdivision six of section thirty-six hundred two
of this chapter.
18. Accountability of personal property. On or before  January  first,
nineteen  hundred  ninety-seven,  each  board of cooperative educational
services shall develop and adopt a formal policy  on  personal  property
accountability, including the acquisition, sale and disposal of personal
property.  Such  policy shall be approved by the commissioner consistent
with regulations adopted for such purpose, which shall include  but  not
be  limited  to  (a) procedures for the acquisition of personal property
both by purchase and by gift, (b) procedures for the periodic  inventory
of  personal  property,  and  (c)  procedures  for  the sale of valuable
personal property to the highest bidder, except  however  that  vehicles
received at no cost for use in an authorized welfare to work program may
be transferred at no cost or at cost of repairs, where repairs have been
made  to  the vehicle at the board of cooperative education services, to
participants who have met all the program requirements. Each such  board
shall  periodically  review  and  update  such policy, provided that any
amendments  of  the  policy  shall  be  subject  to  approval   of   the
commissioner.
19.  Where  the  district  has  provided  transportation  to  students
enrolled  in  such  district  to  a   school   sponsored   field   trip,
extracurricular  activity  or  any other similar event, it shall provide
transportation  back  to  either  the  point  of  departure  or  to  the
appropriate  school in the district, unless the parent or legal guardian
of a student  participating  in  such  event  has  provided  the  school
district   with   written   notice,  consistent  with  district  policy,
authorizing an  alternative  form  of  return  transportation  for  such
student  or  unless  intervening  circumstances make such transportation
impractical.   In   cases   where   intervening    circumstances    make
transportation  of  a  student  back to the point of departure or to the
appropriate school in the district impractical, a representative of  the
school  district  shall  remain  with  the  student until such student's
parent or legal guardian has been (a)  contacted  and  informed  of  the
intervening circumstances which make such transportation impractical and
(b)  such  student  had  been  delivered  to  his or her parent or legal
guardian.