A 6536: Renames boards of cooperative educational services to NY polytechnical institutes.

  
  STATE OF NEW YORK ________________________________________________________________________ 6536 2025-2026 Regular Sessions  IN ASSEMBLY March 5, 2025 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, the arts and cultural affairs law, the agriculture and markets law, the banking law, the economic devel- opment law, the civil practice law and rules, the civil service law, the elder law, the energy law, the environmental conservation law, the executive law, the general municipal law, the highway law, the insur- ance law, the labor law, the local finance law, the mental hygiene law, the public authorities law, the public health law, the public officers law, the penal law, the real property tax law, the retirement and social security law, the social services law, the state finance law, the tax law, the town law, the vehicle and traffic law and the New York state urban development corporation act, in relation to renaming boards of cooperative educational services to NY polytechni- cal institutes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 40 of the education law, as 2 added by chapter 378 of the laws of 1972, is amended to read as follows: 3 ARTICLE 40 4 [BOARDS OF COOPERATIVE EDUCATIONAL SERVICES] NY POLYTECHNICAL 5 INSTITUTES 6 § 2. Section 1950 of the education law, as amended by chapter 583 of 7 the laws of 1955 and as renumbered by chapter 378 of the laws of 1972, 8 subdivision 1 as amended by chapter 396 of the laws of 1974, subdivi- 9 sions 2 and 2-b and paragraphs a, b, and o of subdivision 4 as amended 10 by chapter 295 of the laws of 1993, subdivision 2-a as amended and 11 subparagraph 6 of paragraph b of subdivision 4 as added by chapter 602 12 of the laws of 1994, paragraphs b and c of subdivision 2-a, subparagraph EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09762-01-5 
 A. 6536 2 1 1 of paragraph a, subparagraph 1 of paragraph b, and paragraphs d and jj 2 of subdivision 4 as amended by chapter 474 of the laws of 1996, para- 3 graph f of subdivision 2-a as amended by chapter 61 of the laws of 2016, 4 subdivision 3 as amended by chapter 205 of the laws of 1969, subpara- 5 graph 2 of paragraph a of subdivision 4 as amended by section 52-l of 6 part YYY of chapter 59 of the laws of 2019, subparagraph 3 of paragraph 7 a of subdivision 4 as added by chapter 698 of the laws of 2003, subpara- 8 graph 5 of paragraph b and paragraphs c and kk of subdivision 4 as 9 amended by chapter 378 of the laws of 2010, subparagraph 7 of paragraph 10 b of subdivision 4 as amended by chapter 739 of the laws of 2004, 11 subparagraph 2 of paragraph d of subdivision 4 as amended by chapter 396 12 of the laws of 2012, subparagraph 2-a of paragraph d of subdivision 4 as 13 added by section 10-e of part L of chapter 405 of the laws of 1999, 14 paragraph f of subdivision 4 as amended by chapter 454 of the laws of 15 1974, paragraph h of subdivision 4 as amended and paragraphs t, u, v, 16 and x of subdivision 4 as added by chapter 795 of the laws of 1967, 17 subparagraph 2 of paragraph h of subdivision 4 as amended by chapter 422 18 of the laws of 2012, subparagraph 4 of paragraph h of subdivision 4 as 19 amended by chapter 17 of the laws of 2011, subparagraphs 5 and 6 of 20 paragraph h and paragraph gg of subdivision 4 as amended by chapter 301 21 of the laws of 1996, subparagraph 7 of paragraph h of subdivision 4 as 22 added by chapter 395 of the laws of 1984, subparagraph 8 of paragraph h 23 of subdivision 4 as amended by section 1 of part J of chapter 56 of the 24 laws of 2015, subparagraph 10 of paragraph h of subdivision 4 as amended 25 by chapter 67 of the laws of 2019, subparagraph 11 of paragraph h of 26 subdivision 4 as added by chapter 181 of the laws of 2013, subparagraph 27 12 of paragraph h of subdivision 4 as added by chapter 331 of the laws 28 of 2019, subparagraph 13 of paragraph h of subdivision 4 as added by 29 chapter 298 of the laws of 2020, paragraph k of subdivision 4 as amended 30 by chapter 263 of the laws of 2005, paragraph p of subdivision 4 as 31 amended by chapter 404 of the laws of 1983, subparagraph (a) as amended 32 and subparagraph (c) of paragraph p of subdivision 4 as added by chapter 33 374 of the laws of 2014, paragraph q of subdivision 4 as separately 34 amended by chapters 367 and 563 of the laws of 1979, paragraphs r and w 35 of subdivision 4 as amended by chapter 53 of the laws of 1990, paragraph 36 s of subdivision 4 as added by chapter 983 of the laws of 1957, para- 37 graph y of subdivision 4 as added by chapter 94 of the laws of 1974, 38 paragraph y of subdivision 4 as added by chapter 328 of the laws of 39 1974, paragraph z of subdivision 4 as added by chapter 786 of the laws 40 of 1977, paragraph aa of subdivision 4 as added by chapter 595 of the 41 laws of 1978, paragraph bb of subdivision 4 as added by chapter 53 of 42 the laws of 1984, subparagraph 3 of paragraph bb of subdivision 4 as 43 amended by section 2 of part A of chapter 60 of the laws of 2000, para- 44 graphs cc and ee of subdivision 4 as amended by chapter 676 of the laws 45 of 2004, paragraph dd of subdivision 4 as added by chapter 291 of the 46 laws of 1985, paragraph ff of subdivision 4 as added by chapter 525 of 47 the laws of 1986, paragraphs dd and ff as relettered and paragraph hh 48 of subdivision 4 as added by chapter 353 of the laws of 1988, paragraph 49 gg of subdivision 4 as amended by chapter 301 of the laws of 1996, para- 50 graph ii of subdivision 4 as added by chapter 274 of the laws of 1990, 51 paragraph ll of subdivision 4 as amended by chapter 147 of the laws of 52 2001, subparagraph b of paragraph ll of subdivision 4 as amended by 53 chapter 179 of the laws of 2009, paragraph mm of subdivision 4 as added 54 by chapter 180 of the laws of 2000, paragraph nn of subdivision 4 as 55 added by chapter 335 of the laws of 2005, paragraph oo of subdivision 4 56 as added by section 1 of part D of chapter 56 of the laws of 2018, 
 A. 6536 3 1 subdivision 4-a as added by chapter 377 of the laws of 2001, subdivision 2 5 as amended by chapter 53 of the laws of 1981, paragraph a of subdivi- 3 sion 5 as amended by section 4 and paragraph g of subdivision 5 as 4 amended by section 5 of part C of chapter 57 of the laws of 2004, para- 5 graph b of subdivision 5 as amended by chapter 130 of the laws of 2022, 6 paragraph h of subdivision 5 as added by section 1 of part L of chapter 7 57 of the laws of 2005, subdivision 5-a as added by chapter 82 of the 8 laws of 1995, subdivision 7 as amended by chapter 38 of the laws of 9 1994, subdivision 8 as amended by chapter 829 of the laws of 1963, 10 subdivision 8-a as added by chapter 762 of the laws of 1972, the opening 11 paragraph of subdivision 8-a as amended by chapter 479 of the laws of 12 2022, subdivision 8-b as added by chapter 53 of the laws of 1987, subdi- 13 vision 8-c as added by section 14 of part A of chapter 436 of the laws 14 of 1997, subdivision 8-d as added by section 31 of part A of chapter 56 15 of the laws of 2022, subdivision 9 as added by chapter 295 of the laws 16 of 1958, subdivision 9-a as added by chapter 21 of the laws of 1978, 17 subdivision 10 as added by chapter 757 of the laws of 1971, subdivision 18 11 as amended by section 2, paragraph c of subdivision 13 as amended by 19 section 3 and paragraph e of subdivision 14 as amended by section 4 of 20 part A-2 of chapter 62 of the laws of 2003, subdivision 13 as added by 21 chapter 33 of the laws of 1976, subdivision 14 as added by chapter 728 22 of the laws of 1976, subdivision 18 as amended by chapter 175 of the 23 laws of 2000, and subdivision 19 as amended by chapter 510 of the laws 24 of 2001, is amended to read as follows: 25 § 1950. Establishment of [boards of cooperative educational services] 26 NY polytechnical institutes pending the creation of intermediate 27 districts. 1. The boards of education and school trustees of a supervi- 28 sory district which is not part of an intermediate district, meeting at 29 a time and place to be designated by the district superintendent of 30 schools, may, by a majority vote of their members present and voting, 31 file with the commissioner of education a petition for the establishment 32 of a [board of cooperative educational services] NY polytechnical insti- 33 tute for the purpose of carrying out a program of shared educational 34 services in the schools of the supervisory district and for providing 35 instruction in such special subjects as the commissioner may approve. 36 The commissioner, by order, may establish such [a board] an institute 37 with membership of not less than five nor more than fifteen, upon such 38 application and when a vacancy occurs in the office of district super- 39 intendent of schools shall establish such [a board] an institute, unless 40 the commissioner shall issue an order pursuant to section twenty-two 41 hundred one of this chapter redistricting the county so as to provide 42 for a lesser number of supervisory districts. The commissioner, by 43 order, may authorize [a board] an institute, established prior to July 44 second, nineteen hundred sixty-five, to increase its membership to not 45 less than five nor more than fifteen. 46 2. Upon the establishment by the commissioner of such [a board] an 47 institute, boards of education and school trustees, by a vote pursuant 48 to subdivision two-a of this section shall elect [a board of cooperative 49 educational services] the members of the NY polytechnical institute. 50 Except for elections conducted pursuant to subdivision two-a of this 51 section, and the adoption of a public resolution regarding the approval 52 or disapproval of the tentative administrative budget pursuant to 53 subparagraph five of paragraph b of subdivision four of this section, 54 component districts having more than five board of education members 55 shall be limited to five votes on any matters relating to the district 56 superintendency or [board of cooperative educational services] the 
 A. 6536 4 1 members of the NY polytechnical institute. A full term shall be three 2 years to serve from July first next following election. It shall be the 3 duty of such meeting by order of such meeting to divide into a suffi- 4 cient number of classes the terms of the members of the [board of coop- 5 erative educational services] NY polytechnical institute so that as 6 nearly as possible an equal number of members shall be elected to the 7 board each year. Notwithstanding any other provision of this subdivi- 8 sion, upon the decrease of the full term of members from five to three 9 years, the [board of cooperative educational services] NY polytechnical 10 institute shall direct that one or more members be elected for a term of 11 one, two or four years in order to assure, as nearly as possible, that 12 an equal number of members will be elected to the [board] institute each 13 year. Members of such [board] institute shall be reimbursed for neces- 14 sary expenses for attending meetings of such [boards] institutes. The 15 district superintendent shall be the executive officer of the [board] 16 institute, and where a [board of cooperative educational services] NY 17 polytechnical institute comprises two or more supervisory districts the 18 district superintendents, together with the president of the [board of 19 cooperative educational services] NY polytechnical institute, shall act 20 as an executive committee. 21 2-a. a. Notwithstanding any other provision of law, commencing on and 22 after the first day of November, nineteen hundred ninety-three, the 23 members of a [board of cooperative educational services] NY polytechni- 24 cal institute shall be elected in accordance with the provisions of this 25 subdivision. 26 b. Not later than the first day of February of each year the president 27 of the [board of cooperative educational services] NY polytechnical 28 institute shall designate a single date on or after the sixteenth day 29 and on or before the thirtieth day of April on which each component 30 board, other than the board of education of a central high school 31 district, shall conduct a public meeting which may be a regular or 32 special meeting, for the purpose of electing members of the [board of 33 cooperative educational services] NY polytechnical institute and adopt- 34 ing a public resolution concerning the approval or disapproval of the 35 tentative administrative budget. In the case of a central high school 36 district, such public meeting shall be held on the regular business day 37 next following the date designated by the president of the [board of 38 cooperative educational services] NY polytechnical institute. Nomination 39 of a person to be elected [to a board of cooperative educational 40 services] as a member of a NY polytechnical institute shall be made by 41 at least one component district by board resolution. Such resolution 42 shall be transmitted in writing to the clerk of the [board of cooper- 43 ative educational services] NY polytechnical institute at least thirty 44 days prior to the date of the election as designated by the president of 45 the [board of cooperative educational services] NY polytechnical insti- 46 tute. No nomination of a person to be elected [to a board of cooper- 47 ative educational services] as a member of a NY polytechnical institute 48 from a component district which currently has a resident serving [on] as 49 a member of such [board] institute shall be accepted unless such 50 member's office is to expire at the end of the current year, unless the 51 [size] number of members of such [board] institute exceeds the number 52 of component school districts or unless an unrepresented district 53 declines to make a nomination. For purposes of this subdivision, any 54 such person or [board] institute member nominated by a special act 55 school district, a central high school district or any district which is 56 a component of a central high school district shall be deemed a resident 
 A. 6536 5 1 of the district that nominated [him or her] them only. Furthermore, it 2 shall be the duty of the [board of cooperative educational services] NY 3 polytechnical institute to encourage the nomination of persons residing 4 in component districts not currently represented [on] in such [board] 5 institute. The clerk shall include the name and address of each person 6 nominated on the election ballot to be distributed in accordance with 7 paragraph c of this subdivision. 8 c. Members of the [boards of cooperative educational services] NY 9 polytechnical institutes shall be elected by resolution of the component 10 boards on a ballot prepared by the clerk of the [board of cooperative 11 educational services] NY polytechnical institute. Such ballot shall be 12 mailed to each component district no later than fourteen days prior to 13 the date designated as the day of the election by the president of the 14 [board of cooperative educational services] NY polytechnical institute. 15 Each component district shall be entitled to one vote for each vacant 16 office to be filled. A component board [may] shall not cast more than 17 one vote for any candidate. The candidates receiving a plurality of the 18 votes cast for the several offices shall be elected, provided, however, 19 that no more than one person residing in a particular component district 20 may be elected to serve as a member of a [board of cooperative educa- 21 tional services] NY polytechnical institute at one time unless the 22 number of [seats on such board] members of such institute exceeds the 23 number of component districts or unless an unrepresented district 24 declines to make a nomination, provided further that a person nominated 25 by a special act school district, a central high school district or a 26 component of a central high school district shall be deemed a resident 27 of the nominating district only for this purpose. Where more than one 28 position is to be filled by such election and there is a variance in the 29 length of the terms for which such offices are to be filled as author- 30 ized by this subdivision, or one or more persons are to be elected for a 31 full term or terms and one or more persons are to be elected for the 32 unexpired portion of a term or terms, or both, the candidate receiving 33 the greatest number of votes shall be entitled to the longest term and 34 candidates receiving the next highest number of votes, to the several 35 offices in decreasing order of the length of such terms or unexpired 36 portions of such terms. Each component school district shall mail or 37 deliver its completed ballot to the clerk of the [board of cooperative 38 educational services] NY polytechnical institute no later than one busi- 39 ness day after the election. 40 d. In the event that more eligible persons than the number remaining 41 to be elected receive an equal number of votes sufficient that fewer 42 persons receiving such number of votes would be elected, the president 43 of the [board of cooperative educational services] NY polytechnical 44 institute shall call a run-off election to be conducted in accordance 45 with the provisions of paragraph c of this subdivision and to be held on 46 a date within twenty days of the initial vote. The only persons who 47 shall be deemed nominated for such run-off election shall be the candi- 48 dates who have received such equal number of votes. In the event that 49 equal numbers of votes are received by eligible candidates for offices 50 with a variance in the length of the term of office but the number of 51 votes received by such candidates is sufficient to elect each of the 52 candidates [to the board of cooperative educational services] as members 53 of the NY polytechnical institute, the candidates receiving such equal 54 number of votes shall draw lots to determine who of them shall fill each 55 such office. 
 A. 6536 6 1 e. Notwithstanding any other provision of this subdivision to the 2 contrary, in the event a component school district will be transferred 3 to a new supervisory district as of July first next succeeding the date 4 designated for the annual election of the [board of cooperative educa- 5 tional services] members of the NY polytechnical institute, and such 6 component district, as of April fifteenth of the current year, does not 7 have a resident who is a member of the [board of cooperative educational 8 services] NY polytechnical institute of the supervisory district of 9 which it is a component in the current year, such component district 10 shall be eligible to nominate candidates and vote in the annual [board] 11 election of the [boards of cooperative educational services] members of 12 the NY polytechnical institutes to which the component district will be 13 transferred, as if such transfer had already occurred. 14 f. In the event of a vacancy in the membership of a [board of cooper- 15 ative educational services] NY polytechnical institute, such [board of 16 cooperative educational services] NY polytechnical institute may fill 17 such vacancy by appointment, provided that notification be provided to 18 all component boards of such vacancy and that the component boards are 19 given ten days to provide any comments and/or objections to fill the 20 vacancy by appointment, and the person so appointed shall hold office 21 until the next annual election of the [board of cooperative educational 22 services] members of the NY polytechnical institute. 23 2-b. Where the commissioner of education has established or hereafter 24 establishes a [board of cooperative educational services] NY polytechni- 25 cal institute for the purpose of carrying out a program of shared educa- 26 tional services in the schools of two or more supervisory districts, the 27 commissioner may by order designate the number of members of such 28 [board] institute which shall not be less than five nor more than 29 fifteen, or may by order increase the number of members of such [board] 30 institute to a maximum of fifteen or decrease the number of members to a 31 minimum of five. Except for elections conducted pursuant to subdivision 32 two-a of this section, and the adoption of a public resolution regarding 33 the approval or disapproval of the tentative administrative budget 34 pursuant to subparagraph five of paragraph b of subdivision four of this 35 section, component districts having more than five board of education 36 members shall be limited to five votes on any matters relating to the 37 district superintendency or [board of cooperative educational services] 38 membership of the NY polytechnical institute. 39 Boards of education and school trustees, shall elect the members of 40 such [board of cooperative educational services] NY polytechnical insti- 41 tute pursuant to subdivision two-a of this section. A full term shall be 42 three years to serve from July first next following election. It shall 43 be the duty of such meeting by order of such meeting to divide into a 44 sufficient number of classes the terms of the members of the [board of 45 cooperative educational services] NY polytechnical institute so that as 46 nearly as possible an equal number of members shall be elected to the 47 board each year. Notwithstanding any other provision of this subdivi- 48 sion, upon the decrease of the full term of members from five to three 49 years, the [board of cooperative educational services] NY polytechnical 50 institute shall direct that one or more members be elected for a term of 51 one, two or four years in order to assure, as nearly as possible, that 52 an equal number of members will be elected to the [board] institute each 53 year. Members of [boards of cooperative educational services] NY poly- 54 technical institutes shall be reimbursed for necessary expenses for 55 attending meetings of such [board] institute. Where the [board of coop- 56 erative educational services] NY polytechnical institute membership 
 A. 6536 7 1 comprises two or more supervisory districts, the district superinten- 2 dents, together with the president of the [board of cooperative educa- 3 tional services] NY polytechnical institute, shall act as an executive 4 committee. 5 3. The [boards of cooperative educational services] NY polytechnical 6 institutes in any two or more supervisory districts may cooperate in the 7 provision of any of the services authorized by subdivision four of this 8 section. In such cases, the district superintendents of the respective 9 supervisory districts shall serve as an executive committee to carry out 10 the decision of the [boards of cooperative educational services] NY 11 polytechnical institutes in their respective districts. Agreements may 12 be made by such [boards] institutes arranging for such cooperative 13 services on such terms and conditions as may be agreed upon and provid- 14 ing the method of allocation of the cost thereof. Such agreements may be 15 made for such period as may be approved by the commissioner but not to 16 exceed ten years. The terms of such agreement shall be binding upon such 17 [boards] institutes and their component districts for the period speci- 18 fied in such agreement. 19 4. [The board of cooperative educational services] A NY polytechnical 20 institute shall have the power and duty to: 21 a. (1) Appoint a district superintendent of schools in the manner 22 provided in section twenty-two hundred four of this chapter, and in its 23 discretion to provide for the payment of supplementary salary to the 24 district superintendent of schools by the supervisory district. The term 25 of any employment contract or agreement between a district superinten- 26 dent and the [board of cooperative educational services] NY polytechni- 27 cal institute that is entered into or amended on or after the effective 28 date of this subparagraph shall not exceed three years. Copies of 29 employment contracts and amendments to such contracts entered into 30 pursuant to this paragraph shall be filed with the commissioner within 31 five days of execution. 32 (2) Notwithstanding any inconsistent provision of law in no event 33 shall the total salary including amounts paid pursuant to section twen- 34 ty-two hundred nine of this chapter for district superintendents for the 35 two thousand nineteen--two thousand twenty school year or any subsequent 36 school year exceed: (i) one hundred six percent of the salary cap appli- 37 cable in the preceding school year, or (ii) ninety-eight percent of that 38 earned by the commissioner in the two thousand thirteen--two thousand 39 fourteen state fiscal year, whichever is less. In no event shall any 40 district superintendent be permitted to accumulate vacation or sick 41 leave credits in excess of the vacation and sick leave credits 42 managerial/confidential employees of the state are permitted to accumu- 43 late pursuant to regulations promulgated by the state civil service 44 commission, nor may any district superintendent at the time of sepa- 45 ration from service be compensated for accrued and unused vacation cred- 46 its or sick leave, or use accrued and unused sick leave for retirement 47 service credit or to pay for health insurance in retirement, at a rate 48 in excess of the rate permitted to managerial/confidential employees of 49 the state pursuant to regulations of the state civil service commission. 50 In addition to the payment of supplementary salary, a [board of cooper- 51 ative educational services] NY polytechnical institute may provide for 52 the payment of all or a portion of the cost of insurance benefits for 53 the district superintendent of schools, including but not limited to 54 health insurance, disability insurance, life insurance or any other form 55 of insurance benefit made available to managerial/confidential employees 56 of the state; provided that any such payments for whole life, split 
 A. 6536 8 1 dollar or other life insurance policies having a cash value shall be 2 included in the total salary of the district superintendent for purposes 3 of this subparagraph, and provided further that any payments for the 4 employee contribution, co-pay or uncovered medical expenses under a 5 health insurance plan also shall be included in the total salary of the 6 district superintendent. Notwithstanding any other provision of law, 7 payments for such insurance benefits may be based on the district super- 8 intendent's total salary or the amount of [his or her] their supplemen- 9 tary salary only. Any payments for transportation or travel expenses in 10 excess of actual, documented expenses incurred in the performance of 11 duties for the [board of cooperative educational services] NY polytech- 12 nical institute or the state, and any other lump sum payment not specif- 13 ically excluded from total salary pursuant to this subparagraph, shall 14 be included in the total salary of the district superintendent for 15 purposes of this subparagraph. Nothing herein shall prohibit a district 16 superintendent from waiving any rights provided for in an existing 17 contract or agreement as hereafter prohibited in favor of revised 18 compensation or benefit provisions as permitted herein. In no event 19 shall the terms of the district superintendent's contract, including any 20 provisions relating to an increase in salary, compensation or other 21 benefits, be contingent upon the terms of any contract or collective 22 bargaining agreement between the [board of cooperative educational 23 services] NY polytechnical institute and its teachers or other employ- 24 ees. The commissioner may adopt regulations for the purpose of imple- 25 menting the provisions of this paragraph. 26 (3) Notwithstanding any provision of law to the contrary, any employee 27 of a [board of cooperative educational services] NY polytechnical insti- 28 tute who is appointed as the district superintendent of schools shall 29 vacate [his or her] their prior position with the [board of cooperative 30 educational services] NY polytechnical institute upon appointment as 31 district superintendent, and no district superintendent shall have a 32 contract of employment with the [board of cooperative educational 33 services] NY polytechnical institute other than a contract entered 34 pursuant to this paragraph. 35 b. (1) Prepare, prior to the annual meeting of members of the boards 36 of education and school trustees, held as provided in paragraph o of 37 this subdivision, a tentative budget of expenditures for the program 38 costs, a tentative budget for capital costs, and a tentative budget for 39 the administration costs of the [board of cooperative educational 40 services] NY polytechnical institute. Such budgets shall include the 41 proposed budget for the upcoming school year, the previous school year's 42 actual costs and the current school year's projected costs for each 43 object of expenditure. Such program, capital and administrative budgets 44 shall be separately delineated in accordance with the definition of 45 program, capital and administrative costs which shall be promulgated by 46 the commissioner after consultation with school district officials and 47 the director of the budget. Personal service costs for each budget shall 48 include the number of full-time equivalent positions funded and total 49 salary and, except as noted herein, fringe benefit costs for such posi- 50 tions by program. Each program budget shall also include the local and 51 statewide unit costs of such programs and services proposed for the 52 upcoming school year, such actual unit costs for the previous school 53 year, and the current school year's projected unit costs, all estab- 54 lished in accordance with paragraph d of this subdivision. The capital 55 budget shall include facility construction and lease expenditures 56 authorized pursuant to paragraphs p, t and u of this subdivision, 
 A. 6536 9 1 payments for the repayment of indebtedness related to capital projects, 2 payments for the acquisition or construction of facilities, sites or 3 additions, provided that such budget shall contain a rental, operations 4 and maintenance section that will include base rent costs, total rent 5 costs, operations and maintenance charges, cost per square foot for each 6 facility rented or leased by such [board of cooperative educational 7 services] NY polytechnical institute, and any and all expenditures asso- 8 ciated with custodial salaries and benefits, service contracts, 9 supplies, utilities, maintenance and repairs for such facilities, and 10 that such budget shall include the annual debt service and total debt 11 for all facilities financed by bonds or notes of the component 12 districts, annual rental and lease payments and total rental and lease 13 costs for all facilities rented by such [board] institute; such capital 14 budget shall also include expenditures resulting from court judgments 15 and orders from administrative bodies or officers, and, to the extent a 16 [board's] institute's administrative budget has been adopted, one-time 17 costs incurred in the first year in which an employee retires. The 18 administrative budget shall include, but need not be limited to, office 19 and central administrative expenses, traveling expenses and salaries and 20 benefits of supervisors and administrative personnel necessary to carry 21 out the central administrative duties of the supervisory district, any 22 and all expenditures associated with the [board] institute, the office 23 of district superintendent, general administration, central support 24 services, planning, and all other administrative activities. Such admin- 25 istrative budget shall also specify the amount of supplementary salary 26 and benefits, if any, which the [board] institute determines should be 27 paid to the district superintendent of schools and the [board] institute 28 shall append to such budget a detailed statement of the total compen- 29 sation to be paid the district superintendent of schools by the [board] 30 institute, including a delineation of the salary, annualized cost of 31 benefits and any in-kind or other form of remuneration to be paid, plus, 32 commencing with the presentation of the budget for the nineteen hundred 33 ninety-seven--ninety-eight school year, a list of items of expense 34 eligible for reimbursement on expense accounts in the ensuing school 35 year and a statement of the amount of expenses paid to the district 36 superintendent of schools in the prior year for purposes of carrying out 37 [his or her] their official duties. 38 (2) The [board of cooperative educational services] NY polytechnical 39 institute shall provide copies of such tentative budgets and attachments 40 to the trustees or board of education of each component school district 41 of the [board of cooperative educational services] NY polytechnical 42 institute at least ten days prior to the annual meeting held pursuant to 43 paragraph o of this subdivision. Such trustees or boards of education 44 shall make such budgets available to the residents of their respective 45 school districts upon request. 46 (3) The [board of cooperative educational services] NY polytechnical 47 institute shall comply with any reasonable requests for additional 48 information not contained in such budgets which may be requested prior 49 to the annual meeting held pursuant to paragraph o of this subdivision. 50 (4) The [board of cooperative educational services] NY polytechnical 51 institute shall give public notice of the annual meeting held pursuant 52 to paragraph o of this subdivision by publishing a notice once each week 53 within the two weeks preceding the annual meeting held as provided in 54 paragraph o of this subdivision, the first publication to be at least 55 fourteen days before such meeting, in two newspapers if there be two, or 56 in one newspaper if there shall be but one, having general circulation 
 A. 6536 10 1 within the [board of cooperative educational services] NY polytechnical 2 institute. If no newspaper shall have general circulation therein, said 3 notice shall be posted in at least twenty of the most public places in 4 the [board of cooperative educational services] NY polytechnical insti- 5 tute at least fourteen days before such meeting. Such notice shall state 6 that the tentative budgets will be presented by the [board of cooper- 7 ative educational services] NY polytechnical institute to the trustees 8 or board of education of each component school district of the [board of 9 cooperative educational services] NY polytechnical institute in attend- 10 ance at such meeting. Such notice shall also include a summary of the 11 tentative administrative, capital and program budgets in a form 12 prescribed by the commissioner. The summary of the administrative budget 13 shall include, but shall not be limited to, the salary and benefits of 14 supervisors and administrative personnel of the [board of cooperative 15 educational services] NY polytechnical institute and the total compen- 16 sation payable to the district superintendent of schools. Such notice 17 shall also indicate when a copy of the tentative budgets will be avail- 18 able for inspection by the public during regular business hours at one 19 or more locations specified in the notice. 20 (5) The trustees or board of education of each component school 21 district of the [board of cooperative educational services] NY polytech- 22 nical institute shall adopt a public resolution which shall approve or 23 disapprove such tentative administrative budget at a regular or special 24 meeting to be held within the component district on the date designated 25 pursuant to subdivision two-a of this section as the date for election 26 of members of the [board of cooperative educational services] NY poly- 27 technical institute, or in the case of the board of education of a 28 central high school district on the regular business day next following 29 such designated date. 30 If the resolutions adopted by the trustees or boards of education of a 31 majority of the component school districts of the [board of cooperative 32 educational services] NY polytechnical institute actually voting approve 33 the tentative administrative budget, the [board of cooperative educa- 34 tional services] NY polytechnical institute may adopt the tentative 35 administrative budget without modification. If a majority of the compo- 36 nent school districts actually voting fail to adopt resolutions approv- 37 ing such tentative administrative budget, or if the number of component 38 school districts approving the budget equals the number of school 39 districts disapproving the budget, the [board of cooperative educational 40 services] NY polytechnical institute shall prepare and adopt a contin- 41 gency administrative budget which shall not exceed the amount of the 42 administrative budget of the [board of cooperative educational services] 43 NY polytechnical institute for the previous school year except to accom- 44 modate expenditure increases attributable to supplemental retirement 45 allowances payable pursuant to section five hundred thirty-two of this 46 chapter and section seventy-eight of the retirement and social security 47 law. 48 (6) Notwithstanding any other provision of this section, any component 49 school district which will be transferred to a new supervisory district 50 as of July first next succeeding the date designated for the vote on the 51 tentative administrative budget shall vote on the administrative budget 52 of the [board of cooperative educational services] NY polytechnical 53 institute to which it will be transferred, as if such transfer had 54 already occurred. Where the commissioner has issued an order for the 55 merger of two or more supervisory districts to take effect on July 56 first, in the school year immediately preceding the merger, the [boards 
 A. 6536 11 1 of cooperative educational services] NY polytechnical institutes to be 2 merged shall jointly prepare a program, administrative and capital budg- 3 et for the merged [board of cooperative educational services] NY poly- 4 technical institute and shall jointly conduct a vote on the tentative 5 administrative budget of the merged [board of cooperative educational 6 services] NY polytechnical institute in accordance with this paragraph 7 as if the merger was already in effect. In the event such a merger does 8 not take effect on July first, the commissioner shall be authorized to 9 order the [boards of cooperative educational services] NY polytechnical 10 institutes to be merged to develop program, administrative and capital 11 budgets and conduct a vote on administrative budgets in the manner 12 prescribed by this section on dates other than those specified in this 13 section. 14 (7) Each component school district shall transmit the resolution 15 either approving or disapproving the [board of cooperative educational 16 services'] NY polytechnical institute's tentative administrative budget 17 no later than one business day after the adoption of such resolution. 18 The [board of cooperative educational services] NY polytechnical insti- 19 tute shall, no later than the fifteenth day of May, adopt the final 20 program, capital and administrative budgets for the ensuing year. Except 21 as provided in paragraph d of this subdivision, subparagraph (a) of 22 paragraph p of this subdivision, and subdivision one of section nineteen 23 hundred fifty-one of this article, such administrative and capital budg- 24 ets, when so adopted, after deducting state aid applicable thereto, 25 shall be a charge against all of the component school districts in the 26 supervisory district and each component school district's proportionate 27 share shall be determined by the [board of cooperative educational 28 services] NY polytechnical institute according to weighted average daily 29 attendance or according to true valuation or according to resident 30 public school district enrollment as defined in paragraph n of subdivi- 31 sion one of section thirty-six hundred two of this chapter except that 32 only one method shall be applied among the component districts of a 33 [board of cooperative educational services] NY polytechnical institute 34 in any year, unless otherwise provided by law. In a merged supervisory 35 district in the county of Suffolk each component school district's 36 proportionate share of such administrative and capital budgets may be 37 determined according to weighted average daily attendance, according to 38 true valuation, or according to using the weighted average daily attend- 39 ance for a certain percentage of the cost and true valuation for a 40 certain percentage of administrative and capital costs. Such costs, in a 41 merged supervisory district in the county of Suffolk, apportioned by 42 using weighted average daily attendance and true valuation shall be 43 subject to adjustment by the [board of cooperative educational services] 44 NY polytechnical institute in a manner that will minimize the annual 45 change in costs for the greatest number of component districts. Such 46 percentages shall be established by the [board of cooperative educa- 47 tional services] NY polytechnical institute upon the approval of the 48 component districts subject to the final approval of the commissioner. 49 It is further provided that such administrative budget approved by the 50 [board] institute shall be subject to review by the commissioner to 51 determine: (i) the level of administrative savings achieved by the merg- 52 er and (ii) if such administrative savings equals or exceeds the level 53 identified by the merger planning task force appointed by the district 54 superintendent. If the [board of cooperative educational services] NY 55 polytechnical institute determines to change the method of apportioning 56 administrative costs and capital expenses from that followed in the 
 A. 6536 12 1 previous year, such determination may be made only if the [board of 2 cooperative educational services] NY polytechnical institute has 3 conducted a hearing at a regular or special meeting of such [board] 4 institute which all members of boards of education and school trustees 5 have been invited to attend, such hearing to be held at least thirty 6 days prior to the annual meeting of members of boards of education and 7 school trustees. In the Putnam/North Westchester [board of cooperative 8 educational services] NY polytechnical institute, each component 9 district's proportionate share of such administrative and capital budg- 10 ets may also be determined by using the weighted average daily attend- 11 ance for a certain percentage and the true valuation for a certain 12 percentage. Such percentages shall be applied according to clause (i) of 13 this subparagraph. 14 (i) The three methods of apportionment of administrative and capital 15 expenses are as follows: (1) in accordance with the ratio which the 16 component school district's total full or true valuation in effect at 17 the time of the adoption of the budget bears to the total true or full 18 valuation of all of the component school districts within the [board of 19 cooperative educational services] NY polytechnical institute, (2) by 20 dividing the total amount of such administrative and capital expenses by 21 the total weighted average daily attendance of pupils residing in all 22 component school districts contained within the [board of cooperative 23 educational services] NY polytechnical institute and attending a public 24 school and multiplying by the weighted average daily attendance of such 25 resident pupils in each of the component school districts, or (3) by 26 dividing the total amount of such administrative and capital expenses by 27 the total resident public school district enrollment of all component 28 school districts contained within the [board of cooperative educational 29 services] NY polytechnical institute and multiplying by the resident 30 public school district enrollment of the component school districts. In 31 addition, in a merged supervisory district in the county of Suffolk, 32 where a combination of the first and second methods could be applied as 33 provided in the opening paragraph of this subparagraph may be utilized. 34 In the Putnam/North Westchester [board of cooperative educational 35 services] NY polytechnical institute, where a combination of the first 36 and second methods is utilized, the percentages shall be used as 37 follows: for the two thousand five-two thousand six school year, ninety 38 percent using true valuation and ten percent using the weighted average 39 daily attendance; for the two thousand six-two thousand seven school 40 year, eighty percent using true valuation and twenty percent using the 41 weighted average daily attendance; for the two thousand seven-two thou- 42 sand eight school year, seventy percent using true valuation and thirty 43 percent using the weighted average daily attendance; for the two thou- 44 sand eight-two thousand nine school year, sixty percent using true valu- 45 ation and forty percent using the weighted average daily attendance; and 46 for the two thousand nine-two thousand ten school year and any school 47 year thereafter, fifty percent using true valuation and fifty percent 48 using the weighted average daily attendance. 49 (ii) If the [board of cooperative educational services] NY polytechni- 50 cal institute chooses to apportion administrative costs and capital 51 expenses according to full or true valuation, special school districts 52 authorized to receive state aid in accordance with chapter five hundred 53 sixty-six of the laws of nineteen hundred sixty-seven, as amended, shall 54 have their full value for purposes of this section computed by multiply- 55 ing the resident weighted average daily attendance by the state average 56 full valuation per pupil as established by the commissioner for the year 
 A. 6536 13 1 in which the budget is adopted. The school authorities of each component 2 school district shall add such amount to the budget of such component 3 districts and shall pay such amount to the treasurer of the [board of 4 cooperative educational services] NY polytechnical institute and shall 5 be paid out by the treasurer upon the orders of the [board of cooper- 6 ative educational services] NY polytechnical institute issued and 7 executed in pursuance of a resolution of said [board] institute. 8 c. Make or cause to be made surveys to determine the need for cooper- 9 ative educational services in the supervisory district and present the 10 findings of their surveys to local school authorities. Each [board of 11 cooperative educational services] NY polytechnical institute shall 12 prepare long range program plans, including special education and career 13 education program plans, to meet the projected need for such cooperative 14 educational services in the supervisory district for the next five years 15 as may be specified by the commissioner, and shall keep on file and make 16 available for public inspection and review by the commissioner such 17 plans and thereafter annual revisions of such plans on or before the 18 first day of December of each year, provided that such plans may be 19 incorporated into a [board of cooperative educational services] NY poly- 20 technical institute district-wide comprehensive plan. 21 d. (1) Aidable shared services. At the request of component school 22 districts, and with the approval of the commissioner, provide any of the 23 following services on a cooperative basis: school nurse teacher, attend- 24 ance supervisor, supervisor of teachers, dental hygienist, psychologist, 25 teachers of art, music, physical education, career education subjects, 26 guidance counsellors, operation of special classes for students with 27 disabilities, as such term is defined in article eighty-nine of this 28 chapter; pupil and financial accounting service by means of mechanical 29 equipment; maintenance and operation of cafeteria or restaurant service 30 for the use of pupils and teachers while at school, and such other 31 services as the commissioner may approve. Such cafeteria or restaurant 32 service may be used by the community for school related functions and 33 activities and to furnish meals to the elderly residents of the 34 district, sixty years of age or older. Utilization by elderly residents 35 or school related groups shall be subject to the approval of the board 36 of education. Charges shall be sufficient to bear the direct cost of 37 preparation and serving of such meals, exclusive of any other available 38 reimbursements. 39 (2) Certain services prohibited. Commencing with the nineteen hundred 40 ninety-seven--ninety-eight school year, the commissioner shall not be 41 authorized to approve as an aidable shared service pursuant to this 42 subdivision any cooperative maintenance services or municipal services, 43 including but not limited to, lawn mowing services and heating, venti- 44 lation or air conditioning repair or maintenance or trash collection, or 45 any other municipal services as defined by the commissioner. On and 46 after the effective date of this paragraph, the commissioner shall not 47 approve, as an aidable shared service, any new cooperative maintenance 48 or municipal services for the nineteen hundred ninety-six--ninety-seven 49 school year, provided that the commissioner may approve the continuation 50 of such services for one year if provided in the nineteen hundred nine- 51 ty-five--ninety-six school year. No service provided to an out-of-state 52 school district pursuant to subparagraph ten of paragraph h of this 53 subdivision shall be eligible for aid. 54 (2-a) Cost effectiveness of instructional and non-instructional tech- 55 nology. Notwithstanding any other provision of this section to the 56 contrary, expenditures incurred pursuant to purchase and/or installation 
 A. 6536 14 1 contracts entered into on or after January fifteenth, two thousand, for 2 the following categories of instructional and non-instructional technol- 3 ogy purchase and installation: 4 (i) computer equipment, 5 (ii) conduits, 6 (iii) wiring, 7 (iv) powering and testing of hardware installations, 8 (v) all costs associated with lease or purchase of local or wide area 9 network hardware located on district property, and 10 (vi) incidental costs for original purchase and installation of hard- 11 ware, including installation of basic operating systems software 12 required for hardware testing, shall not be considered an aidable shared 13 service unless the component school district is able to demonstrate that 14 such shared service would be more cost-effective than would otherwise be 15 possible if such services were to be purchased without the involvement 16 of a [board of cooperative educational services] NY polytechnical insti- 17 tute. Any aid that may be payable for such shared service pursuant to 18 subdivision five of this section shall be excluded in the demonstration 19 and determination of cost-effectiveness and cost savings pursuant to 20 this subdivision. The commissioner shall issue guidelines to advise 21 component school districts in their determination of cost-effectiveness. 22 Notwithstanding any other provision of law, if a component school 23 district determines that any instructional and non-instructional tech- 24 nology purchase and installation from the [board of cooperative educa- 25 tional services] NY polytechnical institute are not cost effective, as 26 determined pursuant to this paragraph, the commissioner shall, upon 27 request, assist the school district to enter into a cooperative service 28 agreement (CO-SER) with another [BOCES] NY polytechnical institute, 29 which is cost effective in the provision of such technology purchases 30 and installations. 31 (3) Requests for shared services; operating plan; required notice. 32 Requests for such shared services shall be filed by component school 33 districts with the [board of cooperative educational services] NY poly- 34 technical institute not later than the first day of February of each 35 year, provided that such requests shall not be binding upon the compo- 36 nent school district. The [board of cooperative educational services] NY 37 polytechnical institute shall submit its proposed annual operating plan 38 for the ensuing school year to the department for approval not later 39 than the fifteenth day of February of each year. Such [board] institute 40 shall, through its executive officer, notify each component school 41 district on or before the tenth day of March concerning the services 42 which have been approved by the commissioner to be made available for 43 the ensuing school year. Such notice shall set forth the local uniform 44 cost of each such service, based on (i) anticipated participation in the 45 ensuing school year, or (ii) participation in the current year, or (iii) 46 a two or three year average including participation in the current year, 47 which unit cost shall be the same for all participating component 48 districts and shall be based upon a uniform methodology approved annual- 49 ly by at least three-quarters of the participating component school 50 districts after consultation by local school officials with their 51 respective boards; provided, however, such unit cost shall be subject to 52 final adjustment for programs for students with disabilities based on 53 actual participation in accordance with regulations of the commissioner. 54 Notwithstanding the determination of the local uniform unit cost method- 55 ology selected in accordance with this paragraph, each [board of cooper- 56 ative education services] NY polytechnical institute shall annually 
 A. 6536 15 1 report to the commissioner the budgeted unit cost and, when available, 2 the actual unit cost of such programs and services, in accordance with 3 both the local uniform unit cost methodology and a statewide uniform 4 unit cost methodology prescribed by the commissioner by regulation, 5 where the budgeted statewide unit cost shall be based on the anticipated 6 participation in the ensuing year and the actual statewide unit cost 7 shall be based on actual participation through the end of each year. 8 (4) Contracts for shared services; allocation of costs. Each component 9 school district shall on or before the first day of May following such 10 notification notify the [board of cooperative educational services] NY 11 polytechnical institute of its intention to participate or not to 12 participate in such shared services and the specific services which such 13 district elects to utilize. Each participating component school district 14 shall be required to pay the [board of cooperative educational services] 15 NY polytechnical institute for the cost of the services set forth in 16 such notification, except for adjustments caused by subsequent unantic- 17 ipated changes in the district's enrollment. The [board of cooperative 18 educational services] NY polytechnical institute shall enter into 19 contracts with its component school districts for such requested 20 services. A copy of each executed contract for such purpose shall be 21 filed with the commissioner by the [board of cooperative educational 22 services] NY polytechnical institute on or prior to the first day of 23 August of each year. Notwithstanding the provisions of paragraph b of 24 this subdivision, any component school district which does not elect to 25 participate in any such specific cooperative services authorized under 26 this paragraph shall not be required to pay any share of the moneys 27 provided in the budget as salaries of teachers or other personnel 28 employed in providing such service, for equipment and supplies for such 29 service or for transportation of pupils to and from the place where such 30 service is maintained. Provided, further, that a [board of cooperative 31 educational services] NY polytechnical institute may allocate the cost 32 of such services to component school districts in accordance with terms 33 agreed upon between such [board] institute and three-quarters of the 34 boards of education and trustees of local school districts participating 35 in the service. 36 (5) Operating plan and budget; unanticipated shared services. The 37 [board of cooperative educational services] NY polytechnical institute 38 shall submit to the commissioner on or before the first day of June an 39 operating plan and budget based upon the request for services which it 40 has received from its component school districts. Such submission shall 41 include the budgeted unit cost of programs and services based on both 42 the local and the statewide uniform unit cost methodologies for each 43 program and service offered by the [board of cooperative educational 44 services] NY polytechnical institute. A [board of cooperative educa- 45 tional services] NY polytechnical institute which receives requests for 46 unanticipated shared services subsequent to the adoption of its budget 47 shall submit an amended operating plan including such additional shared 48 services to the commissioner, together with a statement from the chief 49 school administrator of each school district which has requested such 50 services indicating the availability of funds in the budget of the 51 school district to pay for such district's share of the cost of such 52 additional services. Such amended plan shall be submitted in the manner 53 and form prescribed by regulations of the commissioner. The [board of 54 cooperative educational services] NY polytechnical institute shall allo- 55 cate the cost of providing such additional shared services among the 56 component school districts which have requested such services, and shall 
 A. 6536 16 1 contract with the component school districts for such services. A copy 2 of each contract for this purpose shall be filed by the [board of coop- 3 erative educational services] NY polytechnical institute with the 4 commissioner not more than thirty days from its execution. An annual 5 program report and evaluation for each school year as prescribed by the 6 commissioner, shall be submitted by the [board of cooperative educa- 7 tional services] NY polytechnical institute to the commissioner on or 8 before the first day of September following such school year. 9 e. Upon the recommendation of the district superintendent, employ such 10 administrative assistants, teachers, supervisors, clerical help and 11 other personnel as may be necessary to carry out its program. 12 f. Receive all reimbursements from public funds on account of the 13 cooperative educational services performed under its jurisdiction, and 14 allocate the costs of cooperative educational activities and shared 15 services including administrative and clerical costs against the compo- 16 nent school districts and receive and disburse the same, and to appor- 17 tion surpluses and assessments for services on the basis of partic- 18 ipation to those components and to those school districts outside the 19 [board of cooperative educational services] NY polytechnical institute 20 contracting for such programs, and to apportion surpluses and assess- 21 ments for administrative expenses to all component districts. All such 22 apportionments shall be made annually. 23 g. Borrow money in anticipation of revenue due the [board of cooper- 24 ative educational services] NY polytechnical institute. 25 h. (1) Arrange cooperative educational services with and if necessary 26 make contracts covering same with other public agencies for shared 27 services and to produce educational television materials and programs, 28 and to own or lease television facilities and to enter into appropriate 29 contracts concerning the same. 30 (2) To enter into contracts with the United States of America, the 31 State of New York, any school district, community college, public insti- 32 tution of higher education, independent institution of higher education 33 eligible for aid under section sixty-four hundred one of this chapter, 34 public libraries, or public agency in relation to the program of the 35 [board of cooperative educational services] NY polytechnical institute, 36 and any such school district, community college, institution of higher 37 education, or public agency is hereby authorized and empowered to do and 38 perform any and all acts necessary or convenient in relation to the 39 performance of any such contracts. 40 (3) To enter into contracts with school districts which are component 41 districts in the [board of cooperative educational services] NY poly- 42 technical institute for the education by such component school district 43 or districts of children who reside within the [board of cooperative 44 educational services] NY polytechnical institute in the program of the 45 [board of cooperative educational services] NY polytechnical institute, 46 and for all purposes of this chapter in such event such children shall 47 be deemed attending classes maintained by the [board of cooperative 48 educational services] NY polytechnical institute. School districts are 49 hereby authorized and empowered to do and perform any and all acts 50 necessary or convenient in relation to the performance of any such 51 contracts. 52 (4) To enter into contracts with nonpublic schools to provide data 53 processing services for pupil personnel records and other administrative 54 records of the nonpublic schools and the processing of fingerprints 55 utilized in criminal history record checks for those nonpublic schools 56 that elect to require such criminal history record checks pursuant to 
 A. 6536 17 1 paragraph (a) of subdivision thirty of section three hundred five of 2 this chapter. 3 (5) To enter into contracts with the United States of America, the 4 state of New York, any community college, agricultural and technical 5 college or other public agency for the purpose of providing career 6 education programs to such agencies. Any such proposed contract shall be 7 subject to the review and approval of the commissioner, who may only 8 approve such proposed contract when, in [his] their opinion, such 9 contract will result in a more economical utilization of existing career 10 and career education resources than would be achieved were such contract 11 not approved. The commissioner shall issue a finding in writing in 12 making all determinations pursuant to this article. 13 (6) To enter into contracts with not-for-profit corporations to 14 participate in federal programs relating to career training and experi- 15 ence. Any such proposed contract shall be subject to review and approval 16 of the commissioner, who may approve such proposed contract only when in 17 [his] their opinion such contract will result in increased or improved 18 career opportunities. The commissioner shall issue a finding in writing 19 in making all determinations pursuant to this subparagraph. 20 (7) To enter into contracts with the state of New York, any community 21 college, agricultural and technical college, or public agency for the 22 purpose of providing electronic data processing services to such agen- 23 cies. Any such proposed contract shall be subject to the review and 24 approval of the commissioner, who may only approve such proposed 25 contract when, in [his] their opinion, such contract will not disrupt 26 the level of services provided to component school districts and will 27 result in a more economical utilization of existing [board of cooper- 28 ative educational services] NY polytechnical institute computer facili- 29 ties. The commissioner shall issue a finding in writing in making all 30 determinations pursuant to this subparagraph. 31 (8) To enter into contracts with the commissioner of the office of 32 children and family services pursuant to subdivision six-a of section 33 thirty-two hundred two of this chapter to provide to such office, for 34 the benefit of youth in its custody, any special education programs, 35 related services, career and technical education services and music, art 36 and foreign language programs provided by the [board of cooperative 37 educational services] NY polytechnical institute to component school 38 districts. Any such proposed contract shall be subject to the review and 39 approval of the commissioner to determine that it is an approved cooper- 40 ative educational service. Services provided pursuant to such contracts 41 shall be provided at cost, and the [board of cooperative educational 42 services] NY polytechnical institute shall not be authorized to charge 43 any costs incurred in providing such services to its component school 44 districts. 45 (10) To enter into contracts of no more than five years and subject to 46 the sunset date of this subparagraph, with out-of-state schools for: (a) 47 special education; and/or (b) career and technical education services; 48 and/or (c) for the use of existing products that demonstrate how to map 49 the next generation standards to assessments; and/or (d) providing 50 access to existing webinars or online courses relating to implementation 51 of the next generation standards; for providing professional development 52 to educators; and/or (e) technology products developed for the use of 53 school districts located in New York state, including computer programs 54 and software packages that help students learn and assist districts in 55 achieving greater efficiencies. For purposes of this subparagraph, an 56 out-of-state school shall mean a public elementary or secondary school 
 A. 6536 18 1 or a degree granting institution of higher education, located outside of 2 New York state; provided further for purposes of providing services 3 authorized in clauses (c), (d) and (e) of this subparagraph, out-of- 4 state shall also include schools located outside the continental United 5 States. Any contract shall be approved by the commissioner, the [board 6 of cooperative educational services] NY polytechnical institute and the 7 district superintendent of schools, provided such services are made 8 available to any school district within the supervisory district and 9 that the requirements of this subparagraph are met. Contracts must be 10 executed by the [board of cooperative educational services] NY polytech- 11 nical institute and the trustees or boards of education of such out-of- 12 state schools and shall only authorize out-of-state students to partic- 13 ipate in an instructional program if such services are available to all 14 eligible students in New York state schools in the component districts 15 and the number of participating out-of-state students only comprises up 16 to five percent of the total number of the total enrolled students in 17 the instructional program at the [board of cooperative educational 18 services] NY polytechnical institute and that the [board of cooperative 19 educational services] NY polytechnical institute spends no more than 20 thirty percent of its employees' time on services to out-of-state 21 schools pursuant to this subparagraph. To be approved by the commission- 22 er, the contract and any business plan, shall demonstrate that any 23 services provided to out-of-state schools pursuant to this subparagraph 24 shall not result in any additional costs being imposed on component 25 school districts and that any payments received by the [board of cooper- 26 ative educational services] NY polytechnical institute for services 27 provided in this subparagraph that exceed any cost to the [board of 28 cooperative educational services] NY polytechnical institute for provid- 29 ing such services shall be applied to reduce the costs of aidable shared 30 services allocated to component school districts pursuant to paragraph d 31 of this subdivision and shall also be applied to reduce the approved 32 cost of services pursuant to subdivision five of this section. Services 33 provided by a [board of cooperative educational services] NY polytechni- 34 cal institute to component districts at the time of approval of a 35 contract under this paragraph shall not be reduced or eliminated solely 36 due to a [board of cooperative educational services'] NY polytechnical 37 institute's performance of services to out-of-state schools pursuant to 38 this paragraph. 39 (11) To enter into contracts with individual public libraries or 40 public library systems for the purpose of providing high-speed telecom- 41 munications services including, but not limited to, high-speed internet 42 services. Any such proposed contract shall be subject to the review and 43 approval of the commissioner, who may only approve such proposed 44 contract when, in such commissioner's opinion, such contract: (a) will 45 result in a more economical utilization of existing [boards of cooper- 46 ative educational services] NY polytechnical institutes high-speed tele- 47 communications services or resources than would be achieved were such 48 contract not approved; (b) will not disrupt the level of services to 49 component school districts; and (c) will result in a more economical 50 utilization of existing library resources. The commissioner shall issue 51 a finding, in writing, making any determination pursuant to this subpar- 52 agraph. Such services to public libraries and library systems shall be 53 provided at cost and shall not be eligible for aid pursuant to subdivi- 54 sion five of this section. 55 (12) To enter into contracts with preschool special education program 56 providers approved pursuant to section forty-four hundred ten of this 
 A. 6536 19 1 chapter to process services relating to online application systems for 2 educators. 3 (13) To establish, upon local interest from one or more component 4 school districts and subject to approval by the [BOCES board of educa- 5 tion] NY polytechnical institute, an agriculture program that is 6 designed to provide students with the skills required to work in, and 7 help sustain New York's agriculture industry. Such program may include, 8 but not be limited to, a partnership with farms and other agriculture 9 entities in the state that provide students with hands-on experience 10 combined with other educational opportunities. 11 i. Make such reports as are required by the commissioner of education. 12 j. Appoint one of its members as president, one of its members or 13 another qualified voter in a district within the supervisory district as 14 clerk and another qualified voter in a district within the supervisory 15 district as treasurer. The duties of the clerk and treasurer shall be 16 the same as those established by statute and regulations of the commis- 17 sioner of education for clerks and treasurers of union free school 18 districts. 19 k. Designate a depositary within the territorial limits of any compo- 20 nent district for the deposit of money in the manner provided by section 21 ten of the general municipal law. The receipt, deposit, investment and 22 disbursement of moneys, and all procedures relating thereto, including, 23 but not limited to the requirements for signatures, the appointment of a 24 claims auditor to approve claims for purchases, and the optional use of 25 claim forms, and the establishment of an internal audit function, shall 26 be subject to the laws relating to union free school districts. 27 m. At the request of officials of school districts, created by legis- 28 lative act, within the territory of a [board of cooperative educational 29 services] NY polytechnical institute, provide services as outlined in 30 paragraph d of this subdivision. For such districts, there shall be 31 apportioned from state funds to the [board of cooperative educational 32 services] NY polytechnical institute a sum equal to one-half the total 33 cost of the approved services provided to such school district. 34 n. In those counties where taxes other than those on real property are 35 applied to school purposes, the tax rate shall be deemed to be that 36 which would result if such taxes had not been applied to school 37 purposes. 38 o. A meeting of members of the boards of education and school trustees 39 of the component districts shall be held during the month of April on or 40 before the fifteenth day of April, on a date and at a place and hour 41 designated by the president of the [board of cooperative educational 42 services] NY polytechnical institute. The tentative administrative 43 capital and program budgets of the [board of cooperative educational 44 services] NY polytechnical institute shall be available for inspection 45 of the boards of education and school trustees at such meeting. Notice 46 of the date, time and place of such meeting shall be given to each of 47 the members of the boards of education and trustees and to the clerk of 48 each of the component school districts by mail addressed to the last 49 known address of such persons at least fourteen days prior to the meet- 50 ing. 51 p. (a) To rent suitable land, classrooms, offices or buildings upon 52 or in which to maintain and conduct such cooperative educational 53 services and administrative offices for a period not to exceed ten years 54 for leases entered into with public entities and twenty years for leases 55 entered into with non-public entities and to improve, alter, equip and 56 furnish such land, classrooms, offices or buildings in a suitable manner 
 A. 6536 20 1 for such purposes, provided that: (1) before executing any lease, the 2 [board] NY polytechnical institute shall adopt a resolution determining 3 that such agreement is in the best financial interests of the superviso- 4 ry district and stating the basis of that determination; (2) the rental 5 payment shall not be more than the fair market value as determined by 6 the [board] NY polytechnical institute and provided to the commissioner; 7 (3) The [board] NY polytechnical institute discloses any conflict of 8 interest pursuant to subparagraph (c) of this paragraph, or any other 9 potential or perceived conflict of interest, to the commissioner, and in 10 the event of a conflict of interest or a potential or perceived conflict 11 of interest, provides detailed documentation to the commissioner demon- 12 strating that the cost of the lease is not more than fair market value; 13 and (4) upon the consent of the commissioner, renewal of such lease may 14 be made for a period of up to ten years. Nothing contained herein shall 15 prevent the [board] NY polytechnical institute from entering into a 16 lease agreement which provides for the cancellation of the same by such 17 [board] NY polytechnical institute upon: (i) a substantial increase or 18 decrease in pupil enrollment; or (ii) a substantial change in the needs 19 and requirements of a [board of cooperative educational services] NY 20 polytechnical institute with respect to facilities; or (iii) any other 21 change which substantially affects the needs or requirements of a [board 22 of cooperative educational services] NY polytechnical institute or the 23 community in which it is located. No lease or other contract for the 24 occupancy of such land, classrooms, offices or buildings shall be 25 enforceable against the [board of cooperative educational services] NY 26 polytechnical institute unless and until the same shall have been 27 approved in writing by the commissioner. In the case of a lease longer 28 than ten years, the commissioner's written approval must include a find- 29 ing that the proposed lease complies with all requirements of this para- 30 graph and would be more cost-effective than a lease of ten years or 31 fewer. 32 (b) To lease unneeded facilities to public or private agencies, indi- 33 viduals, partnerships, or corporations, with the approval of the commis- 34 sioner of education, and for a term not to exceed five years, which 35 shall be renewable with the approval of the commissioner of education. 36 (c) [if] If any member [of the board of education of the board of 37 cooperative educational services], officer or employee of the [board of 38 cooperative educational services] NY polytechnical institute has a 39 financial interest, either direct or indirect, in any lease to which the 40 [board of cooperative educational services] NY polytechnical institute 41 is, or is to be, a party, such interest shall be disclosed to [the board 42 of education of] such [board of cooperative educational services] NY 43 polytechnical institute in writing and shall be set forth in the minutes 44 of the board of education of the [board of cooperative educational 45 services] NY polytechnical institute. The member, officer or employee 46 having such interest shall not participate in any action by the [board 47 of cooperative educational services] NY polytechnical institute with 48 respect to such lease. 49 q. To provide transportation for pupils to and from classes maintained 50 by such [board of cooperative educational services] NY polytechnical 51 institute at the request of one or more school districts. School 52 districts and [boards of cooperative educational services] NY polytech- 53 nical institutes are authorized to enter into contracts with one or more 54 school districts, private contractors, and one or more [boards of coop- 55 erative educational services] NY polytechnical institutes and any munic- 56 ipal corporation and authority to provide such transportation. [Boards 
 A. 6536 21 1 of cooperative educational services] NY polytechnical institutes may 2 operate joint or regional transportation systems for the transportation 3 authorized by articles seventy-three and eighty-nine of this chapter. 4 Such transportation, except when provided by a political subdivision or 5 a [board of cooperative educational services] NY polytechnical 6 institute, shall be subject to the requirements of subdivision fourteen 7 of section three hundred five of the education law. 8 r. With the approval of the district superintendent of schools and of 9 the commissioner of education to furnish any of the educational services 10 provided for in this section or any other section of law which author- 11 izes such [board] NY polytechnical institute to provide services to 12 school districts outside of the supervisory district, upon such terms as 13 may be agreed upon pursuant to contracts executed by such [board of 14 cooperative educational services] NY polytechnical institute and the 15 trustees or boards of education of such school districts. 16 s. Provide [workmen's] workers' compensation coverage as provided in 17 the [workmen's] workers' compensation law for all teachers and other 18 employees for injuries incurred in actual performance of duty. 19 t. When authorized by the qualified voters of the [board] NY polytech- 20 nical institute, to purchase or otherwise acquire buildings, sites or 21 additions thereto, to purchase or otherwise acquire real property for 22 any lawful purpose and to construct buildings thereon. 23 u. To purchase necessary furniture, equipment, implements, apparatus 24 and supplies. 25 v. To accept gifts of real and personal property. 26 w. To furnish any of the services provided for in this section or any 27 other section of law which authorizes such [board] NY polytechnical 28 institute to provide services to school districts outside of the [board 29 of cooperative educational services] NY polytechnical institute, with 30 the approval of the commissioner of education and of the district super- 31 intendent of schools or superintendents of schools having jurisdiction 32 of such school districts for a period of not to exceed five years, upon 33 such terms as may be agreed upon pursuant to contracts executed by the 34 [board of cooperative educational services] NY polytechnical institute 35 and the trustees or boards of education of such school districts. 36 x. To sell, when authorized by the qualified voters of the [board of 37 cooperative educational services] NY polytechnical institute, any real 38 property the title of which is vested in the [board of cooperative 39 educational services] NY polytechnical institute and buildings thereon 40 and appurtenances or any part thereof at such price and upon such terms 41 as shall be prescribed in such resolution; also, when so authorized, to 42 exchange real property belonging to the [board of cooperative educa- 43 tional services] NY polytechnical institute for the purpose of improving 44 or changing school sites. The proceeds of such sale shall be applied as 45 provided by the resolution authorizing such sale. 46 y. To enter into agreements for the lease of personal property. Before 47 executing any such agreement, the [board] NY polytechnical institute 48 shall adopt a resolution determining that such agreement is in the best 49 financial interests of the [board of cooperative educational services] 50 NY polytechnical institute, which resolution shall state the basis for 51 that determination. Such agreements shall be subject to the bidding 52 requirements of the general municipal law. No agreement for the lease of 53 personal property may be made for a term in excess of five years, begin- 54 ning with the time of receipt of possession of the subject of the lease. 55 [y.] y-1. Notwithstanding any other provision of this section and with 56 the consent of the commissioner, the [board of cooperative educational 
 A. 6536 22 1 services] NY polytechnical institute of the county of Oswego may enter 2 into contracts with the county of Oswego to provide transportation for 3 handicapped children in the county of Oswego to and from any facility or 4 institution for educating handicapped children within or without such 5 county. 6 z. To furnish, with the approval of the commissioner of education, for 7 an amount not less than the cost thereof, any of the instructional 8 support services provided to component school districts, including but 9 not limited to audio-visual materials and related media services, 10 curricular materials, in-service education programs and pupil personnel 11 services for the diagnosis of handicapping conditions, to any nonpublic, 12 not-for-profit elementary or secondary school in the state of New York 13 which provides the instruction required by section thirty-two hundred 14 four and article seventeen of this chapter, and which is chartered by 15 the regents or registered with or subject to examination and inspection 16 by the state education department. 17 aa. Notwithstanding any other provision of law, a [board of cooper- 18 ative educational services] NY polytechnical institute may, with the 19 prior written approval of the commissioner, contract to accept from a 20 leasing company which has qualified as lowest bidder pursuant to the 21 provisions of the general municipal law a sum sufficient to purchase 22 data processing equipment from the manufacturer thereof, pay such sum to 23 the manufacturer of said equipment, receive the equipment and title 24 thereto and convey the same to the leasing company with a simultaneous 25 lease of the equipment from such leasing company to the [board of coop- 26 erative educational services] NY polytechnical institute for a specified 27 period of years. Before any such agreement shall be executed, the [board 28 of cooperative educational services] NY polytechnical institute shall 29 adopt a resolution determining that such agreement is in the best finan- 30 cial interest of the [board] institute. Such lease may be renewed for a 31 further specified period of years with the prior approval of the commis- 32 sioner of education. 33 bb. [Boards of cooperative educational services] NY polytechnical 34 institutes may provide academic and other programs and services in the 35 school year on a cooperative basis, including summer programs and 36 services. (1) Requests to provide such programs and services shall be 37 filed annually with the commissioner for approval. 38 (2) The commissioner may approve such programs and services only if 39 they (a) are requested by two or more component school districts; (b) 40 will provide additional opportunities for pupils; (c) will be expected 41 to result in a cost savings to the two or more component school 42 districts requesting the programs and services; (d) will provide greater 43 opportunity for pupils, including those with handicapping conditions, to 44 earn credit for academic subjects and (e) will insure a greater or more 45 appropriate use of facilities by [boards of cooperative educational 46 services] NY polytechnical institutes. 47 (3) Such programs and services may include, but shall not be limited 48 to (a) expansion of itinerant teaching services in advanced academic 49 subject courses; (b) academic course offerings at regular [board of 50 cooperative educational services] NY polytechnical institute centers or 51 at leased sites during the school year or summer school periods, as 52 requested by component districts; (c) block scheduling to enable 53 students to attend classes at a [board of cooperative educational 54 services] NY polytechnical institute center for an entire school day; 55 (d) satellite offerings of specific concentrations or specializations 56 sponsored by [boards of cooperative educational services] NY polytechni- 
 A. 6536 23 1 cal institutes at local schools, with cross-contracting for services; 2 (e) expanded use of interactive television and other technologies to 3 offer academic courses on site or at component school districts; and (f) 4 programs of academic intervention services approved by the commissioner 5 designed to fulfill the academic intervention services requirement 6 imposed by the regulations of the commissioner, provided that in approv- 7 ing such programs and services for the two thousand--two thousand one 8 school year or thereafter, the commissioner shall assure that the 9 program or service results in a cost savings to all participating 10 districts, disregarding any aid pursuant to subdivision five of this 11 section. 12 (4) Such programs or services if approved by the commissioner, shall 13 be eligible for aid pursuant to subdivision five of this section. 14 (5) A teacher whose position in a school district is abolished as the 15 result of a takeover of an academic program by a [board or boards of 16 cooperative educational services] NY polytechnical institute or insti- 17 tutes shall be accorded the rights provided by section thirty hundred 18 fourteen-a of this chapter. 19 (6) To implement a program or service approved under this paragraph, a 20 school district may transport pupils to the site of a [board of cooper- 21 ative educational services] NY polytechnical institute program in those 22 cases where a pupil otherwise would be entitled to transportation but 23 for the fact that the program is at the [board of cooperative educa- 24 tional services] NY polytechnical institute and not at a school of the 25 district. Under these circumstances, for those purposes of article 26 seventy-three of this chapter, the [board of cooperative educational 27 services] NY polytechnical institute site shall be considered a school. 28 cc. Upon approval by a vote of the [board of cooperative educational 29 services] NY polytechnical institute, establish and maintain a program 30 of reserves not to exceed three per centum of the annual budget of the 31 district to cover property loss and liability claims. Separate funds 32 shall be established for property losses and for liability claims, and 33 the separate identity of each such fund shall be maintained whether its 34 assets consist of cash or investments or both. The money in such funds 35 shall be deposited and secured in the manner provided by section ten of 36 the general municipal law. The moneys so deposited shall be accounted 37 for separate and apart from all other funds of the district, in the same 38 manner as provided in subdivision ten of section six-c of the general 39 municipal law. The moneys in such funds may be invested in the manner 40 provided by section eleven of the general municipal law. Any interest 41 earned or capital gain realized on the money so deposited shall accrue 42 and become part of such funds. Such reserve funds shall not be reduced 43 to amounts less than the total of the amounts estimated to be necessary 44 to cover incurred but unsettled claims or suits including expenses in 45 connection therewith other than by payments for losses for which such 46 reserve amounts were established, except that such [board] NY polytech- 47 nical institute may authorize use of such funds other than amounts allo- 48 cated for unsettled claims or suits including expenses in connection 49 therewith to pay premiums for insurance policies purchased to insure 50 subsequent losses in areas previously self-insured, in the event of 51 dissolution of the self-insurance plan. 52 dd. Provide for activities and services pertaining to the arts at the 53 request of one or more school districts. Such activities and services 54 shall be eligible for aid and shall include, but not be limited to, 55 programs with, and performances by, artists or organizations approved by 56 the commissioner of education. [Boards of cooperative educational 
 A. 6536 24 1 services] NY polytechnical institutes are authorized to enter into 2 contracts with one or more school districts, or [boards of cooperative 3 educational services] NY polytechnical institutes. 4 ee. Upon approval by a vote of the [board of cooperative educational 5 services] NY polytechnical institute and of the boards of education of a 6 majority of the school districts participating in the instructional 7 program of such [board] NY polytechnical institute, establish a career 8 education instructional equipment reserve fund for the replacement and 9 purchase of advanced technology equipment used in instructional programs 10 conducted by the [board of cooperative educational services] NY poly- 11 technical institute. Subject to a limitation imposed by regulation of 12 the commissioner on the amount of money which may be maintained in 13 equipment reserve funds established pursuant to this paragraph, moneys 14 for such funds shall be obtained by including depreciation expenses for 15 the career education instructional equipment used in providing instruc- 16 tional services on a cooperative basis in the computation of the cost of 17 such services pursuant to paragraph d of this subdivision. Proceeds from 18 the sale of career education instructional equipment used in the 19 instructional programs of the [board] NY polytechnical institute and any 20 income earned on money deposited in a reserve fund shall become part of 21 such fund. The moneys in such funds shall be deposited and secured in 22 the manner provided by section ten of the general municipal law. The 23 moneys so deposited shall be accounted for separate and apart from all 24 other funds of the district, in the same manner as provided in subdivi- 25 sion ten of section six-c of the general municipal law. The moneys in 26 such funds may be invested by the [board of cooperative educational 27 services] NY polytechnial institute in the manner provided by section 28 eleven of the general municipal law. In the event a career education 29 instructional equipment reserve fund is liquidated, the moneys in such 30 fund shall be allocated to the school districts participating in the 31 instructional programs of the [board of cooperative educational 32 services] NY polytechnical institute in proportion to the value of the 33 contributions to the fund made by the participating districts. The 34 commissioner may promulgate regulations pertaining, but not limited, to 35 the amount of money to be retained in such reserve funds, the types of 36 equipment for which depreciation expenses may be charged and for which 37 expenditures may be made from the reserve fund, and required documenta- 38 tion of transactions relating to such funds. 39 ff. In its discretion, to purchase insurance against personal injuries 40 incurred by an authorized participant in a school volunteer program, 41 including but not limited to, those authorized participants who assist 42 on school buses, school sponsored transportation to and from school, or 43 on school sponsored field trips or any other school sponsored activity; 44 provided, however, that the injuries were incurred while the authorized 45 participant was functioning either within the scope of [his or her] 46 their authorized volunteer duties or under the direction of the board of 47 education, trustee, or [board of cooperative educational services] NY 48 polytechnical institute, or both. 49 gg. Notwithstanding any other provision of law, a [board of cooper- 50 ative educational services] NY polytechnical institute may provide 51 training for employment to adults on a space available basis, with 52 consideration given to occupations and industries in demand, and estab- 53 lish reduced adult tuition rates for such training. For the purposes of 54 this section, training for employment for adults shall be offered 55 through state approved sequences or parts thereof of secondary career 56 education instruction. Adults may participate in such instruction and be 
 A. 6536 25 1 awarded certificates of completion, but they may not earn credit based 2 on their participation towards a high school diploma. Pursuant to 3 section forty-six hundred two of this chapter, a [board of cooperative 4 educational services] NY polytechnical institute may establish such 5 reduced rates for participation of adults provided that participation is 6 limited to assigned instructional staff and currently used facilities in 7 scheduled secondary career education programs, and provided further that 8 such rates may not be less than fifty percent of the tuition rates 9 charged to school districts for the participation of secondary students 10 in the same programs, unless waived by the commissioner based on appli- 11 cation of the [board of cooperative educational services] NY polytechni- 12 cal institute. This participation of adults at reduced tuition rates 13 shall be in accordance with terms agreed upon by the [board of cooper- 14 ative educational services] NY polytechnical institute and the component 15 school districts receiving such services but in no case shall such rates 16 result in extraordinary costs assigned to such component school 17 districts. [Boards of cooperative educational services] NY polytechnical 18 institutes which provide such training to adults shall submit to the 19 commissioner annually a report which shall include but not be limited to 20 the number of adults served, referral source, training sequences or 21 parts thereof taken by adult participants, the tuition rates charged to 22 them, and the gross revenues realized therefrom. For the purpose of this 23 paragraph, "adult" shall mean any person under the age of twenty-one who 24 has received a high school diploma or any person twenty-one years of age 25 or older, whether or not they have received a high school diploma. 26 hh. Provide for activities and services pertaining to environmental 27 education at the request of more than one school district. Such activ- 28 ities and services each of which shall not exceed three weeks duration 29 to be eligible for aid and shall include programs with and performances 30 by individuals or organizations with special skills essential to the 31 activity or service, but not appropriate to full time [boards of cooper- 32 ative educational services] NY polytechnical institutes staff. [Boards 33 of cooperative educational services] NY polytechnical institutes are 34 authorized to enter into contracts with individuals, public agencies, 35 and not-for-profit corporations to carry out the provisions of this 36 paragraph, subject to the approval of the commissioner. 37 ii. Enter into agreements with one or more financing agencies to 38 provide for the acceptance by such [board] NY polytechnical institute of 39 credit cards as a means of payment of course fees or tuition when 40 required for instructional programs offered by such [board of cooper- 41 ative educational services] NY polytechnical institute. Any such agree- 42 ment shall govern the terms and conditions upon which a credit card 43 proffered as a means of payment of such fees or tuition shall be 44 accepted or declined and the manner in and conditions upon which the 45 financing agency shall pay to such [board] NY polytechnical institute 46 the amount of such fees or tuition paid by means of a credit card pursu- 47 ant to such agreement. Any such agreement may provide for the payment by 48 such [board] NY polytechnical institute to such financing agency of fees 49 for the services provided by such financing agency. For purposes of this 50 paragraph, the following terms shall have the following meanings: 51 (1) "Credit card" means any credit card, credit plate, charge plate, 52 courtesy card, debit card or other identification card or device issued 53 by a person to another person which may be used to obtain a cash advance 54 or a loan or credit or to purchase a lease property or services on the 55 credit of the person issuing the credit card or a person who has agreed 
 A. 6536 26 1 with the issuer to pay obligations arising from the use of a credit card 2 issued to another person. 3 (2) "Financing agency" means any agency defined as such in subdivision 4 eighteen of section four hundred one of the personal property law; 5 (3) "Person" means an individual, partnership, corporation or any 6 other legal or commercial entity. 7 jj. To contract to furnish any of the services provided for in this 8 section to component school districts of the [board of cooperative 9 educational services] NY polytechnical institute, with the approval of 10 the commissioner, for a period not to exceed five years, upon such terms 11 as may be agreed upon pursuant to such contracts executed by the [board 12 of cooperative educational services] NY polytechnical institute and the 13 trustees or boards of education of such school districts, provided that 14 any such contract entered into, extended or amended on or after July 15 first, nineteen hundred ninety-six shall be consistent with the require- 16 ments of paragraph d of this subdivision and subdivision one of section 17 nineteen hundred fifty-one of this article regarding the allocation of 18 costs to component school districts based upon the local uniform unit 19 cost of each such service. 20 kk. For the nineteen hundred ninety-seven--ninety-eight school year 21 and thereafter, the [board of cooperative educational services (BOCES)] 22 NY polytechnical institute shall prepare [a BOCES] an institute report 23 card, pursuant to regulations of the commissioner, and shall make it 24 publicly available by transmitting it to local newspapers of general 25 circulation, appending it to copies of the proposed administrative budg- 26 et made publicly available as required by law, making it available for 27 distribution at the annual meeting, and otherwise disseminating it as 28 required by the commissioner. Such report card shall include measures of 29 the academic performance of the [board of cooperative educational 30 services] NY polytechnical institute, on a school by school or program 31 by program basis, and measures of the fiscal performance of the supervi- 32 sory district, as prescribed by the commissioner. Pursuant to regu- 33 lations of the commissioner, the report card shall also compare these 34 measures to statewide averages for all [boards of cooperative educa- 35 tional services] NY polytechnical institutes. Such report card shall 36 include any information required by the commissioner. 37 ll. a. Shall require, for purposes of a criminal history record check, 38 the fingerprinting of all prospective employees pursuant to section 39 three thousand thirty-five of this chapter, who do not hold valid clear- 40 ance pursuant to such section or pursuant to section three thousand 41 four-b of this chapter or section five hundred nine-cc or twelve hundred 42 twenty-nine-d of the vehicle and traffic law. Prior to initiating the 43 fingerprinting process, the prospective employer shall furnish the 44 applicant with the form described in paragraph (c) of subdivision thirty 45 of section three hundred five of this chapter and shall obtain the 46 applicant's consent to the criminal history records search. Every set of 47 fingerprints taken pursuant to this paragraph shall be promptly submit- 48 ted to the commissioner for purposes of clearance for employment. 49 b. Upon the recommendation of the district superintendent, the [board] 50 NY polytechnical institute may conditionally appoint a prospective 51 employee. A request for conditional clearance shall be forwarded to the 52 commissioner along with the prospective employee's fingerprints, as 53 required by paragraph a of this subdivision. Such appointment shall not 54 commence until notification by the commissioner that the prospective 55 employee has been conditionally cleared for employment and shall termi- 56 nate forty-five days after such notification of conditional clearance or 
 A. 6536 27 1 when the prospective employer is notified of a determination by the 2 commissioner to grant or deny clearance, whichever occurs earlier, and 3 may not be extended or renewed unless the commissioner issues a new 4 conditional clearance after finding that there was good cause for fail- 5 ing to obtain clearance within such period, provided that if clearance 6 is granted, the appointment shall continue and the conditional status 7 shall be removed. Prior to commencement of such conditional appointment, 8 the prospective employer shall obtain a signed statement for conditional 9 appointment from the prospective employee, indicating whether, to the 10 best of [his or her] their knowledge, [he or she has] they have a pend- 11 ing criminal charge or criminal conviction in any jurisdiction outside 12 the state. 13 c. Upon the recommendation of the district superintendent, the [board] 14 NY polytechnical institute may make an emergency conditional appointment 15 when an unforeseen emergency vacancy has occurred. When such appointment 16 is made, the process for conditional appointment pursuant to paragraph b 17 of this subdivision must also be initiated. Emergency conditional 18 appointment may commence prior to notification from the commissioner on 19 conditional clearance but shall terminate twenty business days from the 20 date such appointment commences or when the prospective employer is 21 notified by the commissioner regarding conditional clearance, whichever 22 occurs earlier, provided that if conditional clearance is granted, the 23 appointment shall continue as a conditional appointment. Prior to the 24 commencement of such appointment, the prospective employer must obtain a 25 signed statement for emergency conditional appointment from the prospec- 26 tive employee, indicating whether, to the best of [his or her] their 27 knowledge, [he or she has] they have a pending criminal charge or crimi- 28 nal conviction in any jurisdiction. An unforeseen emergency vacancy 29 shall be defined as: (i) a vacancy that occurred less than ten business 30 days before the start of any school session, including summer school, or 31 during any school session, including summer school, without sufficient 32 notice to allow for clearance or conditional clearance; (ii) when no 33 other qualified person is available to fill the vacancy temporarily; and 34 (iii) when emergency conditional appointment is necessary to maintain 35 services which the district is legally required to provide or services 36 necessary to protect the health, education or safety of students or 37 staff. The provisions of subparagraph (i) of this paragraph shall not 38 apply if the [board] NY polytechnical institute finds that the district 39 has been unable to fill the vacancy despite good faith efforts to fill 40 such vacancy in a manner which would have allowed sufficient time for 41 clearance or conditional clearance. 42 d. Shall develop a policy for the safety of the children who have 43 contact with an employee holding conditional appointment or emergency 44 conditional appointment. 45 mm. Shall upon commencement and termination of employment of an 46 employee by the [board] NY polytechnical institute, provide the commis- 47 sioner with the name of and position held by such employee. 48 nn. Notwithstanding any other provision of this section and with the 49 consent of the commissioner, the Madison-Oneida [board of cooperative 50 educational services] NY polytechnical institute may enter into a 51 contract or contracts not to exceed a total period of two years with the 52 Madison Cortland ARC to provide transportation maintenance and repair 53 services on buses owned and operated by the Madison Cortland ARC. The 54 Madison-Oneida [board of cooperative educational services] NY polytech- 55 nical institute shall not charge any portion of costs incurred pursuant 56 to this paragraph to its component school districts. 
 A. 6536 28 1 oo. Notwithstanding any other provision of law, a [board of cooper- 2 ative educational services] NY polytechnical institute is authorized to 3 enter into a memorandum of understanding with the trustees or board of 4 education of a non-component school district, including city school 5 districts of cities with one hundred twenty-five thousand inhabitants or 6 more, to participate in a recovery high school program operated by the 7 [board of cooperative educational services] NY polytechnical institute 8 for a period not to exceed five years upon such terms as such trustees 9 or board of education and the [board of cooperative educational 10 services] NY polytechnical institute may mutually agree, provided that 11 such agreement may provide for a charge for administration of the recov- 12 ery high school program including capital costs, but participating non- 13 component school districts shall not be liable for payment of adminis- 14 trative expenses as defined in paragraph b of this subdivision. Costs 15 allocated to a participating non-component school district pursuant to a 16 memorandum of understanding shall be aidable pursuant to subdivision 17 five of this section to the same extent and on the same basis as costs 18 allocated to a component school district. 19 4-a. The [board of cooperative educational services] NY polytechnical 20 institute shall develop a plan to ensure that all instructional materi- 21 als to be used in the programs of the [board of cooperative educational 22 services] NY polytechnical institute are available in a usable alterna- 23 tive format for each student with a disability, as defined in section 24 forty-four hundred one of this chapter, and for each student who is a 25 qualified individual with a disability as defined in the rehabilitation 26 act of nineteen hundred ninety-three (29 U.S.C. 701) as amended, in 27 accordance with [his or her] their educational needs and course 28 selection, at the same time as such instructional materials are avail- 29 able to non-disabled students. As part of such plan, the [board of coop- 30 erative educational services] NY polytechnical institute shall amend its 31 procurement policies to give a preference in the purchase of instruc- 32 tional materials to vendors who agree to provide materials in alterna- 33 tive formats. For purposes of this subdivision, "alternative format" 34 shall mean any medium or format for the presentation of instructional 35 materials, other than a traditional print textbook, that is needed as an 36 accommodation for a disabled student enrolled in a program of the [board 37 of cooperative educational services] NY polytechnical institute, includ- 38 ing but not limited to Braille, large print, open and closed captioned, 39 audio, or an electronic file in an approved format, as defined in the 40 regulations of the commissioner. When an electronic file is provided, 41 the plan shall specify how the format will be accessed by students 42 and/or how the district shall convert to an accessible format. Such plan 43 shall identify the needs of students enrolled in a program of the [board 44 of cooperative educational services] NY polytechnical institute for 45 alternative format materials. Such plan shall also specify ordering 46 timelines to ensure that alternative format materials are available at 47 the same time as regular format materials. Such plans shall include 48 procedures to address the need to obtain materials in alternative format 49 without delay for disabled students who enroll in a program of a [board 50 of cooperative educational services] NY polytechnical institute during 51 the school year. 52 5. a. Upon application by a [board of cooperative educational 53 services] NY polytechnical institute, there shall be apportioned and 54 paid from state funds to each [board of cooperative educational 55 services] NY polytechnical institute an amount which shall be the prod- 56 uct of the approved cost of services actually incurred during the base 
 A. 6536 29 1 year multiplied by the sharing ratio for cooperative educational 2 services aid which shall equal the greater of: (i) an amount equal to 3 one minus the quotient expressed as a decimal to three places without 4 rounding of eight mills divided by the tax rate of the local district 5 computed upon the actual valuation of taxable property, as determined 6 pursuant to subdivision one of section thirty-six hundred two of this 7 chapter [and notwithstanding section three thousand six hundred three,] 8 expressed in mills to the nearest tenth as determined by the commission- 9 er, provided, however, that where services are provided to a school 10 district which is included within a central high school district or to a 11 central high school district, such amount shall equal one minus the 12 quotient expressed as a decimal to three places without rounding of 13 three mills divided by the tax rates, expressed in mills to the nearest 14 tenth, of such districts, as determined by the commissioner or (ii) the 15 aid ratio of each school district for the current year, which shall be 16 such component school district's [board of cooperative educational 17 services] NY polytechnical institute aid ratio and which shall be not 18 less than thirty-six percent converted to decimals and shall be not more 19 than ninety percent converted to decimals. For the purposes of this 20 paragraph, the tax rate of the local district computed upon the actual 21 valuation of taxable property shall be the sum of the amount of tax 22 raised by the school district plus any payments in lieu of taxes 23 received by the school district pursuant to section four hundred eight- 24 y-five of the real property tax law, divided by the actual valuation of 25 the school district, provided, however that the tax rate for a central 26 high school district shall be the sum of the amount of tax raised by the 27 common and union free school districts included within the central high 28 school district for the support of the central high school district plus 29 any payments in lieu of taxes received for the support of the central 30 high school district pursuant to section four hundred eighty-five of the 31 real property tax law, divided by the actual valuation of the central 32 high school district. The tax rate for each common or union free school 33 district which is included within a central high school district shall 34 be the sum of the amount raised for the support of such common or union 35 free school district plus any payments in lieu of taxes received for the 36 support of the school district pursuant to section four hundred eighty- 37 five of the real property tax law, exclusive of the amount raised for 38 the central high school district, divided by the actual valuation of 39 such common or union free school district. 40 b. The cost of services herein referred to shall be the amount allo- 41 cated to each component school district by the [board of cooperative 42 educational services] NY polytechnical institute to defray expenses of 43 such [board] institute, including approved expenses from the testing of 44 potable water systems of occupied school buildings under the [board's] 45 institute's jurisdiction as required pursuant to section eleven hundred 46 ten of the public health law provided that such expenses for testing of 47 potable water systems are not reimbursable from another state or federal 48 source, except that that part of the salary paid any teacher, supervisor 49 or other employee of the [board of cooperative educational services] NY 50 polytechnical institute which is in excess of thirty thousand dollars 51 shall not be such an approved expense, and except also that administra- 52 tive and clerical expenses shall not exceed ten percent of the total 53 expenses for purposes of this computation. Any gifts, donations or 54 interest earned by the [board of cooperative educational services] NY 55 polytechnical institute or on behalf of the [board of cooperative educa- 56 tional services] NY polytechnical institute by the dormitory authority 
 A. 6536 30 1 or any other source shall not be deducted in determining the cost of 2 services allocated to each component school district. Any payments made 3 to a component school district by the [board of cooperative educational 4 services] NY polytechnical institute pursuant to subdivision eleven of 5 section six-p of the general municipal law attributable to an approved 6 cost of service computed pursuant to this subdivision shall be deducted 7 from the cost of services allocated to such component school district. 8 The expense of transportation provided by the [board of cooperative 9 educational services] NY polytechnical institute pursuant to paragraph q 10 of subdivision four of this section shall be eligible for aid appor- 11 tioned pursuant to subdivision seven of section thirty-six hundred two 12 of this chapter and no [board of cooperative educational services] NY 13 polytechnical institute transportation expense shall be an approved cost 14 of services for the computation of aid under this subdivision. Trans- 15 portation expense pursuant to paragraph q of subdivision four of this 16 section shall be included in the computation of the ten percent limita- 17 tion on administrative and clerical expenses. 18 c. The "tax rate" as herein referred to shall not include a special 19 tax levied for debt service in an existing district of a central school 20 district or a consolidated district. 21 d. Nothing in this act shall prevent school districts or [boards of 22 cooperative educational services] NY polytechnical institutes with the 23 approval of the commissioner of education from providing cooperative 24 educational services for which no application for state aid is to be 25 made. 26 e. Any aid apportioned in accordance with section two hundred thirteen 27 of [the education law] this chapter to a [board of cooperative educa- 28 tional services] NY polytechnical institute in connection with the 29 production of educational television materials and programs, or the 30 acquisition by purchase, lease or otherwise of television facilities or 31 operational expenses in connection therewith shall not be utilized in 32 connection with computing the apportionment to such [board of cooper- 33 ative educational services] NY polytechnical institute. Any aid appor- 34 tioned or paid by the state to a [board of cooperative educational 35 services] NY polytechnical institute for experimental or special 36 programs shall not be utilized in connection with computing the appor- 37 tionment to such [board of cooperative educational services] NY poly- 38 technical institute. 39 f. The sum of the amounts determined for each component school 40 district as the apportionment to the [board of cooperative educational 41 services] NY polytechnical institute pursuant to the provisions of this 42 section shall not be less than the amount which would have been appor- 43 tioned during the nineteen hundred sixty-seven--sixty-eight school year 44 under the provisions of this subdivision as in effect on December thir- 45 ty-first, nineteen hundred sixty-six to the [board of cooperative educa- 46 tional services] NY polytechnical institute of which the district was a 47 component member for which such apportionment was made, except that such 48 minimum apportionment shall be reduced in any year in which the expendi- 49 tures of the component district for [board of cooperative educational] 50 NY polytechnical institute purposes fall below the expenditure on which 51 the nineteen hundred sixty-seven--sixty-eight apportionment to the 52 [board of cooperative educational services] NY polytechnical institute 53 was based, such reduction to be made on a proportionate basis. 54 g. Any payment required by a [board of cooperative educational 55 services] NY polytechnical institute to the dormitory authority or any 56 payment required by a [board of cooperative educational services] NY 
 A. 6536 31 1 polytechnical institute to acquire or construct a school facility of the 2 [board of cooperative educational services] NY polytechnical institute, 3 and any payments for rental of facilities by a [board of cooperative 4 educational services] NY polytechnical institute shall, for the purposes 5 of apportionment of public moneys to the [board of cooperative educa- 6 tional services] NY polytechnical institute by the state of New York, be 7 deemed to be an administrative or capital expense, as designated by the 8 commissioner, but the entire amount of such payment shall be utilized in 9 making such apportionment and the limitation of ten percent of the total 10 expenses contained in this subdivision shall not be applicable. Any 11 expense designated by the commissioner as a capital expense shall be 12 included in the capital budget of the [board of cooperative educational 13 services] NY polytechnical institute and, except as otherwise provided 14 in this paragraph, shall be aided in the same manner as an administra- 15 tive expense. Any such payment shall not be considered part of the total 16 expenses of the [board] institute for purposes of determining the admin- 17 istrative and clerical expenses not to exceed ten percent otherwise 18 eligible for aid under this subdivision, and such payments shall be 19 considered for the purpose of apportionment during the current school 20 year such payment is made. The apportionment for such payments shall be 21 determined by multiplying the amount of such payment allocated to each 22 component school district in the [board of cooperative educational 23 services] NY polytechnical institute by the aid ratio, and shall be not 24 more than ninety percent converted to decimals, of each such component 25 computed pursuant to subdivision three of section thirty-six hundred two 26 of this chapter and used to apportion aid to that district in that 27 current school year; provided, however, the apportionment for the 28 construction, acquisition, reconstruction, rehabilitation, or improve- 29 ment of [board of cooperative educational services] NY polytechnical 30 institute facilities, including payments to the dormitory authority and 31 payments under any lease agreement, shall be based upon the cost of the 32 [board of cooperative educational services] NY polytechnical institute 33 school facilities but not to exceed the cost allowance set forth in 34 subdivision six of section thirty-six hundred two of [the education law] 35 this chapter and payments for rental facilities shall be subject to the 36 approval of the commissioner. 37 h. Each [board of cooperative educational services] NY polytechnical 38 institute receiving a payment pursuant to paragraph a of this subdivi- 39 sion and section thirty-six hundred nine-d of this chapter shall be 40 required to set aside from such payment an amount not less than the 41 amount of state aid received pursuant to paragraph a of this subdivision 42 in the base year that was attributable to cooperative services agree- 43 ments (CO-SERs) for career education, as determined by the commissioner, 44 and shall be required to use such amount to support career education 45 programs in the current year. 46 5-a. Financial assistance for school districts first joining a [board 47 of cooperative educational services (BOCES)] NY polytechnical institute. 48 a. Eligibility. Any school district first joining [a BOCES] an institute 49 on or after July first, nineteen hundred ninety-five and prior to July 50 second, nineteen hundred ninety-seven shall be eligible to apply to the 51 commissioner for financial assistance pursuant to the provisions of this 52 subdivision and subdivision five of this section. 53 b. Financial assistance. Financial assistance shall mean an interest 54 free loan available upon application in the current year which shall not 55 exceed the product of (i) the applicable percent defined in paragraph c 56 of this subdivision and (ii) the sum of the local share and any repay- 
 A. 6536 32 1 ment due for the prior year loan. Such local share shall equal the posi- 2 tive remainder resulting when aid payable on behalf of the district in 3 the current year pursuant to subdivision five of this section is 4 subtracted from the district's [BOCES] institute expenses which are or 5 would be aidable in the current year or the next year pursuant to such 6 subdivision five. The annual application for such a loan shall be in a 7 form prescribed by the commissioner and shall accompany the submission 8 of the final set of state aid forms required of the [BOCES] institute 9 each year and shall be certified by the district superintendent of the 10 [BOCES] institute. The amount of the loan in any year shall be deter- 11 mined by the commissioner and the payment and repayment of the loan 12 shall be in accordance with the provisions of paragraph d of this subdi- 13 vision. 14 c. Applicable percent. The applicable percent shall be determined by 15 the number of years that an eligible district has been a component 16 district of a [BOCES] institute. In the first year, such percent shall 17 be equal to the district's [BOCES] institute and building aid ratio for 18 aid payable in the first year in which the district joins the [BOCES] 19 institute, each year thereafter, such percent shall be reduced by ten 20 percent until such percent would drop below ten percent at which time it 21 shall be deemed to be zero. 22 d. Payment and repayment. Notwithstanding any inconsistent provisions 23 of section thirty-six hundred nine-a of this chapter, the loan amounts 24 determined by the commissioner pursuant to paragraph b of this subdivi- 25 sion shall be paid to each eligible school district on or before June 26 fifteenth, commencing with the first year of eligibility, but only to 27 the extent that the repayment of the base year loan has been secured. 28 Notwithstanding any inconsistent provision of law, the state comptroller 29 shall deduct the amount of any base year loan from any monies due such 30 school district in March of the current year. Should the amount of any 31 monies due such school district in March be insufficient to repay the 32 total amount of the base year loan to the school district, the state 33 comptroller shall deduct any balance due the state from any other monies 34 payable to such district. Should the total amount of monies due to or on 35 behalf of such school district be insufficient to repay the total amount 36 of the base year loan determined in paragraph b of this subdivision, 37 such school district shall make a direct payment to the state before 38 March first of the current year and such payment shall be credited to 39 the general fund local assistance account of the department. 40 6. The [board of cooperative educational services] NY polytechnical 41 institute is hereby created a body corporate. All property which is now 42 vested in, or shall hereafter be transferred to the [board of cooper- 43 ative educational services] NY polytechnical institute, shall be held by 44 them as a corporation. 45 7. In the event that two or more entire supervisory districts for 46 which [boards of cooperative educational services] NY polytechnical 47 institutes have been established shall become a single supervisory 48 district by the redistricting of supervisory districts pursuant to 49 section twenty-two hundred one of this chapter, the [boards of cooper- 50 ative educational services] NY polytechnical institutes theretofore 51 established shall nevertheless remain in existence until August first 52 next following such redistricting for the purpose of carrying out the 53 programs for the current school year. For all other purposes, from and 54 after the effective date of such redistricting such [boards of cooper- 55 ative educational services] NY polytechnical institutes shall constitute 56 a single [board of cooperative educational services] NY polytechnical 
 A. 6536 33 1 institute for the supervisory district as then constituted in the same 2 manner as though such [board] institute had been established for such 3 supervisory district pursuant to subdivision one of this section, and 4 shall have all of the powers and duties of such [boards] institutes 5 under this chapter. The members of such [boards] institutes shall 6 continue to serve until the expiration of the terms of office for which 7 they were elected. No election shall be held to fill vacancies on such 8 [board] institute as the terms of members expire until such date as the 9 terms of sufficient members have expired to cause the membership of such 10 [board] institute to be not less than five nor more than fifteen, such 11 number to be determined at the annual meeting of the trustees and 12 members of boards of education of such supervisory district held in the 13 month of April following such redistricting. Thereafter members of such 14 [board] institute shall be elected annually to fill vacancies occurring 15 by expiration of term. Notwithstanding any other provision of law, a 16 [board of cooperative educational services] NY polytechnical institute 17 may fill a vacancy on such [board] institute at the annual [board] 18 institute election immediately following such annual meeting and may 19 accept nominations pursuant to subdivision two-a of this section in 20 anticipation that one or more vacancies will exist once such annual 21 meeting so establishes the number of the membership of the [board] 22 institute, provided that the election ballot shall state that nomi- 23 nations have been accepted in anticipation of possible vacancies and 24 that the clerk of the [board of cooperative educational services] NY 25 polytechnical institute will advise the component boards in writing of 26 the actual number of vacant offices to be filled at the election, if 27 any, no later than one business day after the annual meeting. Should 28 such a supervisory district for which a [board of cooperative educa- 29 tional services] NY polytechnical institute has been established be 30 divided by the commissioner in the redistricting thereof, on August 31 first next following such redistricting, after paying all outstanding 32 obligations of such [board] institute, any balance of funds remaining in 33 the treasury of such [board] institute shall be allocated to the credit 34 of the component school districts in accordance with the ratio which the 35 proportion of the cost allocated to each component school district bears 36 to the total cost of services of such [board of cooperative educational 37 services] NY polytechnical institute during the last full school year of 38 its operation. In the event that a [board of cooperative educational 39 services] NY polytechnical institute shall have been established for the 40 supervisory district of which such component district is then a part, 41 the amount of such balance allocated to such district shall be paid to 42 the [board of cooperative educational services] NY polytechnical insti- 43 tute established for such supervisory district and any member of the 44 [board of cooperative educational services] NY polytechnical institute 45 for such divided district who resides in the territory so transferred 46 shall on and after the date of such redistricting become a member of the 47 [board of cooperative educational services] NY polytechnical institute 48 of the supervisory district to which the school district in which [he or 49 she resides] they reside has been transferred and shall serve as such 50 member until the expiration of the term of office for which [he or she 51 was] they were elected. In the event that there is no [board of cooper- 52 ative educational services] NY polytechnical institute for any component 53 district the amount of such balance allocated to such district shall be 54 paid to the treasurer of such district. In such event the state aid 55 authorized by subdivision five of this section for the last year of 56 operation of such [board of cooperative educational services] NY poly- 
 A. 6536 34 1 technical institute shall be distributed to the component school 2 districts in the amounts which would have accrued to such [board of 3 cooperative educational services] NY polytechnical institute by reason 4 of their participation. 5 8. Notwithstanding any other provision of this chapter, with the 6 approval of the commissioner of education, at the request of boards of 7 education of union free school districts having a population of four 8 thousand five hundred or more and employing a superintendent of schools, 9 where such school districts lie within towns included in the supervisory 10 district or supervisory districts comprising the territory served by a 11 [board of cooperative educational services] NY polytechnical institute, 12 such union free school districts may upon the consent of the [board of 13 cooperative educational services] NY polytechnical institute be included 14 as component districts for the purposes of this section and shall have 15 all of the rights and obligations of such component districts under this 16 section. Notwithstanding any other provision of this chapter, and with 17 the consent of the commissioner, likewise, at the request of the board 18 of education of any city school district, having a population of less 19 than one hundred twenty-five thousand inhabitants, such city school 20 district may, upon the consent of the [board of cooperative educational 21 services] NY polytechnical institute, be included as a component 22 district for the purpose of this section and shall have all the rights 23 and obligations of such component districts under this section. 24 8-a. Notwithstanding any other provision of this section and with the 25 consent of the commissioner, the city school district of the city of 26 Syracuse may, upon consent of the [board of cooperative educational 27 services] NY polytechnical institute for the sole supervisory district 28 for Onondaga and Madison counties, be included as a component district 29 for the sole purpose of operating a combined program and/or constructing 30 a combined facility for children with developmental disabilities in the 31 city of Syracuse and the county of Onondaga. Such city school district 32 shall add an amount to its budget and levy, collect and pay the same to 33 such [board of cooperative educational services] NY polytechnical insti- 34 tute to defray the proportional expenses of constructing and operating 35 such facility for such children. Such city school district shall not be 36 liable for payment of administrative expenses as provided for in para- 37 graph b of subdivision four of this section nor shall such city school 38 district be eligible for the payment of state aid under this section 39 except such city school district shall receive state aid based on its 40 proportionate share of building expenses related to this program as 41 determined by the commissioner. 42 Such city school district shall continue to receive aid under subdivi- 43 sion five of section thirty-six hundred two of this chapter for the 44 attendance of children in this program. 45 8-b. Notwithstanding any other provisions of this section and with the 46 consent of the commissioner, city school districts of cities in excess 47 of one hundred twenty-five thousand inhabitants but less than one 48 million inhabitants, upon consent of the [board of cooperative educa- 49 tional services] NY polytechnical institute approved by the commissioner 50 may be included as a component district of such [board of cooperative 51 educational services] NY polytechnical institute for the sole purpose of 52 purchasing student information system services consistent with standards 53 established by the commissioner from such [board of cooperative educa- 54 tional services] NY polytechnical institute. Each such city school 55 district shall add an amount to its budget and shall levy, collect and 56 pay the costs of such program to such [board of cooperative educational 
 A. 6536 35 1 services] NY polytechnical institute to defray their portion of the 2 expenses of such a program. Such city school district shall not be 3 liable for payment of administrative expenses as provided for in para- 4 graph b of subdivision four of this section nor shall such city school 5 district be eligible for payment of state aid under this section. 6 8-c. Notwithstanding any other provision of this section, any school 7 district not a component of the [board of cooperative educational 8 services] NY polytechnical institute of the supervisory district serving 9 its geographic area, including a city school district in a city having a 10 population in excess of one hundred twenty-five thousand inhabitants, 11 upon consent of the [board of cooperative educational services] NY poly- 12 technical institute and with the approval of the commissioner, may be 13 treated in the same manner as a component school district of the [board 14 of cooperative educational services] NY polytechnical institute of the 15 supervisory district serving its geographic area, or an adjoining [board 16 of cooperative educational services] NY polytechnical institute in the 17 case of a city school district in a city having one million inhabitants 18 or more, for the sole purpose of purchasing instructional support 19 services, as defined by the commissioner. Each such school district 20 shall add an amount to its budget and shall levy, collect and pay the 21 costs of such program to such [board of cooperative educational 22 services] NY polytechnical institute to defray its portion of the 23 expenses of such program, including a charge for administration not to 24 exceed the restricted indirect cost rate, provided that the [board of 25 cooperative educational services] NY polytechnical institute shall not 26 charge any portion of the administrative costs incurred pursuant to this 27 subdivision to its component school districts. Such school districts 28 shall not be liable for payment of administrative expenses as provided 29 for in paragraph b of subdivision four of this section and subdivision 30 one of section nineteen hundred fifty-one of this article. In the case 31 of city school districts in a city with a population in excess of one 32 hundred twenty-five thousand inhabitants, such participation shall be in 33 addition to the participation authorized by subdivisions eight-a and 34 eight-b of this section. In the case of a city school district in a city 35 with a population of one hundred twenty-five thousand inhabitants or 36 more, in lieu of participation as a component district of an adjoining 37 [board of cooperative educational services] NY polytechnical institute, 38 the city school district may opt to provide such support services as 39 shared services directly or in collaboration with one or more insti- 40 tutions of higher education. The approved costs of such services shall 41 be eligible for state aid in accordance with the provisions of subdivi- 42 sion twenty of section thirty-six hundred two of this chapter, and shall 43 not be eligible for aid pursuant to subdivision five of this section. 44 8-d. Notwithstanding the provision of any law, rule, or regulation to 45 the contrary, the city school district of the city of Rochester, upon 46 the consent of the [board of cooperative educational services] NY poly- 47 technical institute of the supervisory district serving its geographic 48 region, may purchase from such [board] institute as a non-component 49 school district, services required by article nineteen of the education 50 law. 51 9. No person shall be eligible to be elected to the office of member 52 of a [board of cooperative educational services] NY polytechnical insti- 53 tute who is an employee of a school district in the supervisory 54 district. 55 9-a. No person shall be eligible to hold the office of member of a 56 [board of cooperative educational services] NY polytechnical institute 
 A. 6536 36 1 who does not reside within the boundaries of a component school district 2 of any such [board] institute. 3 10. Notwithstanding any other provisions of this chapter or of any 4 other general or special law to the contrary, if and when two or more 5 supervisory districts shall be combined into a new supervisory district 6 pursuant to the provisions of section twenty-two hundred one of this 7 chapter, as a result of which the [boards of cooperative educational 8 services] NY polytechnical institutes for such supervisory districts 9 shall become a single [board of cooperative educational services] NY 10 polytechnical institute for such redistricted supervisory district, such 11 single [board of cooperative educational services] NY polytechnical 12 institute for such redistricted supervisory district shall, in such 13 case, allocate the appropriate amounts of payments required to be made 14 to the dormitory authority for rental of facilities or otherwise to the 15 school districts contained, respectively, in such former [boards of 16 cooperative educational services] NY polytechnical institutes for such 17 supervisory districts, as if such [boards] institutes continued to exist 18 in law for the sole purpose of making such payments. 19 11. With the approval of the commissioner, one or more [boards of 20 cooperative educational services] NY polytechnical institutes and one or 21 more school districts may enter into an agreement or agreements to 22 provide for sharing costs of construction of or leases for facilities 23 acquired for the purpose of housing services to be provided by a [board 24 or boards of cooperative educational services] NY polytechnical insti- 25 tute or institutes for provision of which services such facilities are 26 constructed or leased, provided, however that no new agreements for the 27 sharing of costs of construction or leases of facilities may be entered 28 into pursuant to this subdivision on or after July first, two thousand 29 three. No such agreement may be for a longer term than is required to 30 retire any obligations issued by one or more of the parties to such 31 agreement for the purpose of acquiring such facilities, or to pay the 32 dormitory authority in full for the acquisition of such facilities. 33 13. a. A [board of cooperative educational services] NY polytechnical 34 institute and the component school districts of such [board of cooper- 35 ative educational services] NY polytechnical institute may enter into an 36 agreement providing for the acquisition from the dormitory authority of 37 facilities designed to house services to be provided by such [board of 38 cooperative educational services] NY polytechnical institute and for the 39 sharing of the cost of such acquisition. Such agreement in addition to 40 providing for all other matters deemed necessary and proper shall (i) 41 set forth the cost of such acquisition which shall be the amount certi- 42 fied by the dormitory authority as sufficient to pay the principal of, 43 the redemption premium, if any, and interest to the earliest of either 44 the maturity date or the next redemption date on all obligations of the 45 dormitory authority issued in relation to providing such facilities, 46 including all incidental expenses in relation thereto, and (ii) provide 47 for an allocation and apportionment of the cost of such acquisition 48 among the component school districts on such equitable basis as the 49 parties thereto shall determine and agree, and the proportion of the 50 total cost to be provided by each such district in accordance with such 51 allocation and apportionment. In those cases where construction of such 52 facilities shall not have been completed, the amount so certified by the 53 dormitory authority shall include the amount estimated to be necessary 54 by the dormitory authority to complete such construction by it acting 55 for and on behalf of such [board of cooperative educational services] NY 56 polytechnical institute; provided, however, that such agreement shall 
 A. 6536 37 1 provide that such [board] institute shall pay to the dormitory authority 2 any additional amounts thereafter determined and certified by the dormi- 3 tory authority to be necessary in order to complete the construction of 4 such facilities. Existing contracts awarded by the dormitory authority 5 for the construction of such facilities shall not be modified, nor shall 6 any work not covered thereby be authorized, without the prior consent of 7 an officer of such [board] institute authorized to so act by a resol- 8 ution of such [board] institute. Such agreement shall be executed by all 9 the component school districts of such [board of cooperative educational 10 services] NY polytechnical institute whose allocation of administrative 11 expenses would include a portion of the amounts required to be paid the 12 dormitory authority for the rental of such facilities. 13 b. The acquisition of such facilities is hereby declared and deter- 14 mined to be a school district purpose and an object or purpose for which 15 each such component school district is hereby authorized to expend money 16 and contract indebtedness. The period of probable usefulness of such 17 object or purpose is hereby determined to be thirty years. Each such 18 component school district is hereby authorized to finance its share of 19 the cost of the acquisition of such facilities together with costs inci- 20 dental to such financing, including, but not limited to legal fees, 21 printing, engraving and publication of notices, either from any current 22 funds legally available therefor, or by the issuance of obligations 23 pursuant to the local finance law; provided, however, that (i) no 24 approval of the voters of such component school district shall be 25 required, (ii) the voting of a special tax or a tax to be collected in 26 installments shall not be a condition precedent to the adoption of a 27 bond resolution for such object or purpose, (iii) a majority vote of the 28 entire voting strength of the board of education shall be sufficient for 29 adoption of such a bond resolution, which bond resolution may be adopted 30 at a regular meeting, or a special meeting of the board of education 31 called on not less than twelve hours oral or written notice, which may 32 be held either within or outside of such district, (iv) any such bond 33 resolution shall take effect immediately and shall not be subject either 34 to a mandatory or permissive referendum, and (v) no such bond resolution 35 shall be adopted prior to the execution by the [board of cooperative 36 educational services] NY polytechnical institute and the component 37 school districts of such [board of cooperative educational services] NY 38 polytechnical institute of the agreement required by paragraph a of this 39 subdivision. 40 c. Nothing herein contained shall be construed to permit any school 41 district in a city (as defined in paragraph two-b of section 2.00 of the 42 local finance law) to contract indebtedness for such object or purpose 43 in excess of the limitation prescribed by paragraph b of section 104.00 44 of such law, without a compliance with the provisions of paragraph c 45 thereof. A school district, other than a school district in a city, may 46 issue bonds or bond anticipation notes for such object or purpose in 47 excess of the limitation prescribed by paragraph d of such section 48 104.00, without complying with the requirements of subparagraphs one 49 through three of such paragraph. Notwithstanding any other provision of 50 law to the contrary, a special act school district, as defined in subdi- 51 vision eight of section four thousand one of this chapter, shall not be 52 deemed a component school district of the [board of cooperative educa- 53 tional services] NY polytechnical institute for purposes of this subdi- 54 vision. 55 d. Upon certification by the dormitory authority of the receipt by it 56 of the amount set forth in the agreement as the cost of the acquisition 
 A. 6536 38 1 of such facilities, title thereto shall vest in the [board of cooper- 2 ative educational services] NY polytechnical institute without any 3 further action or deed or conveyance, which title shall be held by the 4 [board of cooperative educational services] NY polytechnical institute 5 for the benefit and on behalf of all the component school districts of 6 such [board] institute executing such agreement. 7 e. The validity of any obligations issued by any school district in 8 accordance with this subdivision shall not be affected or impaired by 9 any omission, defect or irregularity in any previous acts or proceedings 10 by the [board of cooperative educational services] NY polytechnical 11 institute, or by any of the component school districts of such [board of 12 cooperative educational services] NY polytechnical institute in relation 13 to the authorization of such facilities or the construction and financ- 14 ing thereof by the dormitory authority. 15 f. State aid on account of the acquisition of such facilities shall be 16 paid to each component school district based upon its respective debt 17 service or share thereof paid pursuant to the agreement herein provided 18 for, and upon its respective aid ratio. 19 g. Notwithstanding any provision of law, the dormitory authority, any 20 [board of cooperative educational services] NY polytechnical institute 21 and any component school district thereof, are all hereby authorized and 22 empowered to perform any and all acts and to enter into any and all 23 agreements necessary or desirable to effectuate the purposes of this 24 subdivision. 25 14. a. All provisions of this subdivision shall be applicable only if 26 any agreement or agreements referred to herein shall be entered into by 27 a [board of cooperative educational services] NY polytechnical institute 28 and all of the component school districts of the [board of cooperative 29 educational services] NY polytechnical institute. A [board of cooper- 30 ative educational services] NY polytechnical institute and the component 31 school districts of such [board of cooperative educational services] NY 32 polytechnical institute may enter into an agreement providing for the 33 acquisition or construction, including new construction, additions or 34 reconstruction of facilities designed to house services to be provided 35 by such [board of cooperative educational services] NY polytechnical 36 institute and for the sharing of the cost of such acquisition or 37 construction. Such agreement in addition to providing for all other 38 matters deemed necessary and proper shall (i) set forth the cost of such 39 acquisition or construction and costs incidental thereto and (ii) 40 provide for an allocation and apportionment of the costs of such acqui- 41 sition or construction among the component school districts on such 42 equitable basis as the parties thereto shall determine and agree, and 43 the proportion of the total cost to be provided by each such district in 44 accordance with such allocation and apportionment. Such agreement shall 45 be executed by all the component school districts of such [board of 46 cooperative educational services] NY polytechnical institute and such 47 [board of cooperative educational services] NY polytechnical institute. 48 Such agreement may provide that each component school district of such a 49 [board of cooperative educational services] NY polytechnical institute 50 shall issue an agreed upon amount of its obligations in a total amount 51 sufficient to acquire or construct such facilities, or that all compo- 52 nent districts of such [board] institute shall together issue joint 53 obligations pledging the full faith and credit for all component 54 districts jointly and that each such district shall pay a specified 55 share of annual debt service on such joint obligations in accordance 
 A. 6536 39 1 with the provisions of article five-g of the general municipal law and 2 applicable provisions of the local finance law. 3 b. The acquisition or construction of such facilities is hereby 4 declared and determined to be a public purpose and a school district 5 purpose and a specific object or purpose for which each such component 6 school district is hereby authorized to expend money and contract 7 indebtedness. The period of probable usefulness of such specific object 8 or purpose is hereby determined to be thirty years. Each such component 9 school district is hereby authorized to finance its share of the cost of 10 the acquisition or construction of such facilities, together with costs 11 incidental thereto, either from any current funds legally available 12 therefor or by the issuance of obligations pursuant to the local finance 13 law; provided, however, that (i) no approval of the voters of such 14 component school district shall be required, (ii) the voting of a 15 special tax or a tax to be collected in installments shall not be a 16 condition precedent to the adoption of a bond resolution for such 17 specific object or purpose, (iii) a majority vote of the entire voting 18 strength of the board of education shall be sufficient for adoption of 19 such a bond resolution, which bond resolution may be adopted at a regu- 20 lar meeting, or a special meeting of the board of education called on 21 not less than twenty-four hours oral or written notice to the members of 22 such [board] institute as provided in section sixteen hundred six of 23 [the education law] this chapter, which meeting may be held either with- 24 in or outside of such district, (iv) any such bond resolution shall take 25 effect immediately and shall not be subject to either a mandatory or 26 permissive referendum, and (v) no such bond resolution shall be adopted 27 prior to the execution by [the board of cooperative educational 28 services] NY polytechnical institute and all of the component school 29 districts of such [board of cooperative educational services] NY poly- 30 technical institute of the agreement required by paragraph a of this 31 subdivision. 32 c. No further approval of the voters of such [board of cooperative 33 educational services] NY polytechnical institute or any component 34 district thereof shall be required other than that required by paragraph 35 t of subdivision four of this section. 36 d. Such agreement shall further provide that title to the facility 37 shall vest in the [board of cooperative educational services] NY poly- 38 technical institute which title shall be held by the [board of cooper- 39 ative educational services] NY polytechnical institute for the benefit 40 and on behalf of all the component school districts of such [board] 41 institute executing such agreement. 42 e. Nothing herein contained shall be construed to permit any school 43 district in a city (as defined in paragraph two-b of section 2.00 of the 44 local finance law) to contract indebtedness for such specific object or 45 purpose in excess of the limitation prescribed by paragraph b of section 46 104.00 of such law, without complying with the provisions of paragraph c 47 thereof. A school district, other than a school district in a city, may 48 not issue bonds or bond anticipation notes for such specific object or 49 purpose in excess of the limitation prescribed by paragraph d of such 50 section 104.00, without complying with the requirements of subparagraphs 51 one through three of such paragraph. Notwithstanding any other provision 52 of law to the contrary, a special act school district, as defined in 53 subdivision eight of section four thousand one of this chapter, shall 54 not be deemed a component school district of the [board of cooperative 55 educational services] NY polytechnical institute for purposes of this 56 subdivision. 
 A. 6536 40 1 f. State aid on account of the acquisition or construction of such 2 facilities shall be paid to each component school district based upon 3 its respective debt service or share thereof paid pursuant to the agree- 4 ment herein provided for, and upon its respective aid ratio. Any such 5 computation of state aid shall further be based upon the cost of such 6 acquisition, or construction, and including incidental costs, to the 7 [board of cooperative educational services] NY polytechnical institute 8 but not to exceed the cost allowance set forth in subdivision six of 9 section thirty-six hundred two of this chapter. 10 18. Accountability of personal property. On or before January first, 11 nineteen hundred ninety-seven, each [board of cooperative educational 12 services] NY polytechnical institute shall develop and adopt a formal 13 policy on personal property accountability, including the acquisition, 14 sale and disposal of personal property. Such policy shall be approved by 15 the commissioner consistent with regulations adopted for such purpose, 16 which shall include but not be limited to (a) procedures for the acqui- 17 sition of personal property both by purchase and by gift, (b) procedures 18 for the periodic inventory of personal property, and (c) procedures for 19 the sale of valuable personal property to the highest bidder, except 20 however that vehicles received at no cost for use in an authorized 21 welfare to work program may be transferred at no cost or at cost of 22 repairs, where repairs have been made to the vehicle at [the board of 23 cooperative education services] such institute, to participants who have 24 met all the program requirements. Each such [board] institute shall 25 periodically review and update such policy, provided that any amendments 26 of the policy shall be subject to approval of the commissioner. 27 19. Where the district has provided transportation to students 28 enrolled in such district to a school sponsored field trip, extracurric- 29 ular activity or any other similar event, it shall provide transporta- 30 tion back to either the point of departure or to the appropriate school 31 in the district, unless the parent or legal guardian of a student 32 participating in such event has provided the school district with writ- 33 ten notice, consistent with district policy, authorizing an alternative 34 form of return transportation for such student or unless intervening 35 circumstances make such transportation impractical. In cases where 36 intervening circumstances make transportation of a student back to the 37 point of departure or to the appropriate school in the district imprac- 38 tical, a representative of the school district shall remain with the 39 student until such student's parent or legal guardian has been (a) 40 contacted and informed of the intervening circumstances which make such 41 transportation impractical and (b) such student had been delivered to 42 [his or her] their parent or legal guardian. 43 § 2-a. Subdivision 2-c of section 1950 of the education law, as added 44 by chapter 311 of the laws of 2024, is amended to read as follows: 45 2-c. a. Each [board of cooperative educational services] NY polytech- 46 nical institute shall have one or more ex officio student members. 47 Supervisory districts with ten or fewer component districts shall have 48 at least one ex officio student member; supervisory districts with more 49 than ten and fewer than or equal to twenty component districts shall 50 have at least two ex officio student members; and supervisory districts 51 with more than twenty component districts shall have at least three ex 52 officio student members. 53 b. Each supervisory district shall establish a process for determining 54 which component district or districts shall select the ex officio 55 student members each school year. Such process shall take into consider- 56 ation the number of component districts within the supervisory district 
 A. 6536 41 1 and provide for a mechanism which allows for fair representation among 2 the component districts. Each supervisory district shall also establish 3 a process by which such component district or districts shall select the 4 ex officio student member or members, provided that such members shall 5 be students who have attended a high school within their component 6 district for at least one year and who participate in a program adminis- 7 tered by the supervisory district. 8 c. The ex officio student members of the [board] institute shall be 9 entitled to sit with [board] institute members at all public meetings 10 and hearings of the [board] institute and may participate in other 11 [board] institute activities and responsibilities at the discretion of 12 the [board] institute. 13 d. The ex officio student members of the [board] institute shall not 14 be allowed to vote, shall not be allowed to attend executive session or 15 any other meetings or hearings not open to the public, and shall not be 16 entitled to receive compensation of any form for participating at 17 [board] institute meetings. 18 § 3. Subparagraph (a) of paragraph p of subdivision 4 of section 1950 19 of the education law, as amended by chapter 602 of the laws of 1994, is 20 amended to read as follows: 21 (a) To rent suitable land, classrooms, offices or buildings upon or in 22 which to maintain and conduct such cooperative educational services and 23 administrative offices for a period not to exceed ten years and to 24 improve, alter, equip and furnish such land, classrooms, offices or 25 buildings in a suitable manner for such purposes (1) before executing 26 any lease, the [board] institute shall adopt a resolution determining 27 that such agreement is in the best financial interests of the superviso- 28 ry district and stating the basis of that determination; (2) the rental 29 payment shall not be more than the fair market value as determined by 30 the [board] institute; and (3) upon the consent of the commissioner, 31 renewal of such lease may be made for a period of up to ten years. Noth- 32 ing contained herein shall prevent the [board] institute from entering 33 into a lease agreement which provides for the cancellation of the same 34 by such [board] institute upon: (i) a substantial increase or decrease 35 in pupil enrollment; or (ii) a substantial change in the needs and 36 requirements of a [board of cooperative educational services] NY poly- 37 technical institute with respect to facilities; or (iii) any other 38 change which substantially affects the needs or requirements of a [board 39 of cooperative educational services] NY polytechnical institute or the 40 community in which it is located. No lease or other contract for the 41 occupancy of such land, classrooms, offices or buildings shall be 42 enforceable against the [board of cooperative educational services] NY 43 polytechnical institute unless and until the same shall have been 44 approved in writing by the commissioner. 45 § 4. Section 1951 of the education law, as added by chapter 795 of the 46 laws of 1967 and as renumbered by chapter 378 of the laws of 1972, 47 subdivision 1 as amended by chapter 474 of the laws of 1996, paragraph a 48 of subdivision 2 as amended by chapter 722 of the laws of 2005, subpara- 49 graph 2 of paragraph c of subdivision 2 as amended by chapter 919 of the 50 laws of 1974, paragraph s of subdivision 2 as added by chapter 722 of 51 the laws of 2005, paragraph t of subdivision 2 as added by chapter 481 52 of the laws of 2023, and subdivision 3 as added by section 15 of part A 53 of chapter 436 of the laws of 1997, is amended to read as follows: 54 § 1951. Budget of [board of cooperative educational services] NY poly- 55 technical institute. 1. The final administrative and capital budgets of 56 the [board of cooperative educational services] NY polytechnical insti- 
 A. 6536 42 1 tute as adopted shall be a charge against all of the school districts 2 contained in the [board of cooperative educational services] NY poly- 3 technical institute, provided, however, that any component school 4 district which does not elect to participate in any specific educational 5 service authorized to be furnished by the [board of cooperative educa- 6 tional services] NY polytechnical institute shall not be required to pay 7 any share of the moneys provided in the program budget as salaries of 8 teachers or other personnel employed in providing such service, for 9 equipment and supplies for such service or for transportation of pupils 10 to and from the place where such service is maintained, provided, howev- 11 er, expenditures for the [board of cooperative educational services] NY 12 polytechnical institute program, including office and central adminis- 13 trative expenses, traveling expenses and salaries and benefits of super- 14 visors and all other central administrative personnel necessary to carry 15 out its program shall be deemed administrative expenses which shall be a 16 charge upon all component school districts notwithstanding the fact that 17 such a component school district elects to not participate in any 18 specific program offered by the [board of cooperative educational 19 services] NY polytechnical institute. Each school district's propor- 20 tionate share of administrative and capital expenses shall be determined 21 in accordance with subparagraph seven of paragraph b of subdivision four 22 of section nineteen hundred fifty of this article. The [board] institute 23 shall allocate the cost of other services to participating component 24 school districts in accordance with terms agreed upon between such 25 [board] institute and the boards of education and trustees of each 26 component school district using the local uniform unit cost of each such 27 service, based on (i) anticipated participation in the ensuing school 28 year, or (ii) participation in the current year, or (iii) a two or three 29 year average including participation in the current year, which unit 30 cost shall be the same for all participating component school districts 31 and shall be computed in accordance with a uniform methodology approved 32 annually by at least three-quarters of the participating component 33 school districts after consultation by local school officials with their 34 respective boards; provided, however, such unit cost shall be subject to 35 final adjustment for programs for students with disabilities based on 36 actual participation in accordance with regulations of the commissioner. 37 The school authorities of each school district in the [board of cooper- 38 ative educational services] NY polytechnical institute shall add such 39 amount to the budget of such school district and shall pay such amount 40 to the treasurer of the [board of cooperative educational services] NY 41 polytechnical institute, and shall be paid out by the treasurer upon 42 orders of the [board] institute issued and executed pursuant to the 43 resolution of said [board] institute. 44 2. a. If the [board of cooperative educational services] NY polytech- 45 nical institute determines to submit a proposition to authorize the 46 purchase or acquisition of sites or additions thereto and real property 47 and to construct buildings thereon and to purchase buildings and 48 construct additions thereto, or to authorize the sale of any real prop- 49 erty the title to which is vested in the [board of cooperative educa- 50 tional services] NY polytechnical institute and buildings thereon and 51 appurtenances or any part thereof, or to authorize the exchange of real 52 property held by the [board of cooperative educational services] NY 53 polytechnical institute for the purpose of improving or changing school 54 sites, to the qualified voters of the [board of cooperative educational 55 services] NY polytechnical institute, then the [board] institute shall 56 call a meeting and submit to the qualified voters of the [board of coop- 
 A. 6536 43 1 erative educational services] NY polytechnical institute such a proposi- 2 tion. The [board] institute shall cause a notice of such meeting to be 3 given by public notice of the time and place of such meeting once in 4 each week within the four weeks next preceding such meeting, the first 5 publication to be at least twenty-five days before said meeting, in two 6 newspapers if there shall be two, or in one newspaper if there shall be 7 but one, having general circulation within the [board of cooperative 8 educational services] NY polytechnical institute, but if no newspaper 9 shall then have general circulation therein, the said notice shall be 10 posted in at least twenty of the most public places in said [board of 11 cooperative educational services] NY polytechnical institute twenty-five 12 days before the time of such meeting. Such notice shall contain a state- 13 ment of the proposition or propositions to be submitted at such meeting. 14 b. Such notice and all other notices and reports required to be 15 published in newspapers under the provisions of this chapter shall be 16 printed at the rates and for the fees prescribed in section eight thou- 17 sand seven of the civil practice law and rules. In the event that the 18 publishers of one or both of the newspapers having general circulation 19 in such district shall refuse to print and publish the notices or 20 reports at the rates and for the fees so prescribed, publication in such 21 newspaper or newspapers so refusing may be omitted, in which case the 22 notices or reports shall be posted as required by this section in lieu 23 of such publication. 24 c. A person shall be entitled to vote at any meeting of the voters of 25 the [board of cooperative educational services] NY polytechnical insti- 26 tute who is: 27 (1) A citizen of the United States. 28 (2) Eighteen years of age. 29 (3) A resident within the [board of cooperative educational services] 30 NY polytechnical institute for a period of thirty days next preceding 31 the meeting at which [he offers] they offer to vote. 32 No person shall be deemed to be ineligible to vote at any such meet- 33 ing, by reason of sex, who has the other qualifications required by this 34 paragraph. 35 d. If a person offering to vote at any meeting of the voters of the 36 [board of cooperative educational services] NY polytechnical institute 37 shall be challenged as unqualified by any legal voter of such [board] 38 institute at such meeting, the [chairman] chair presiding at such meet- 39 ing shall require the person so offering to make the following declara- 40 tion: "I do declare and affirm that I am, and have been, for the thirty 41 days last past, an actual resident of this [board of cooperative educa- 42 tional services] NY polytechnical institute and that I am qualified to 43 vote at this meeting." Every person making such declaration shall be 44 permitted to vote on all questions proposed at such meeting; but if any 45 person shall refuse to make such declaration [his] their vote shall be 46 rejected. 47 e. A person who shall wilfully make a false declaration of [his] their 48 right to vote at a meeting of the voters of a [board of cooperative 49 educational services] NY polytechnical institute after [his] their right 50 to vote thereat has been challenged, shall be deemed guilty of a misde- 51 meanor. Any person not qualified to vote at such meeting, who shall vote 52 thereat, shall thereby forfeit ten dollars, to be sued for by the super- 53 visor for the benefit of the [board] institute. 54 f. In all propositions arising at said meeting, the vote thereon shall 55 be by ballot. 
 A. 6536 44 1 g. If the [board of cooperative educational services] NY polytechnical 2 institute shall so determine, voting machines may be used for recording 3 the vote at such meeting. Before any such machine is used at any such 4 meeting, the inspectors of election shall examine it and see that all 5 the counters are set at zero (000) and that the ballot labels are prop- 6 erly placed, and that the machine is in all respects in proper condition 7 for use. The use of such machine shall be deemed a compliance with any 8 provision of law requiring the vote to be by ballot. The [board of coop- 9 erative educational services] NY polytechnical institute may purchase 10 the necessary voting machine or machines; or if the county board of 11 elections shall consent thereto, such machines belonging to the county 12 or belonging to the town in which any part of said [board of cooperative 13 educational services] NY polytechnical institute shall be located may be 14 used at any such meeting, the expense of delivery and returning and 15 setting up, and any other expense connected therewith shall be defrayed 16 by the [board of cooperative educational services] NY polytechnical 17 institute; but such machines belonging to the county shall not be so 18 used at the time or times when they may be required under the election 19 law. 20 h. The [board of cooperative educational services] NY polytechnical 21 institute shall appoint a qualified voter of the [board of cooperative 22 educational services] NY polytechnical institute as the [chairman] chair 23 of any such meeting. The clerk of the [board of cooperative educational 24 services] NY polytechnical institute shall give written notice of 25 appointment to the person so appointed. If the person appointed as 26 [chairman] chair refuses to accept such appointment, or fails to serve, 27 the [board of cooperative educational services] NY polytechnical insti- 28 tute may appoint a qualified voter of the [board of cooperative educa- 29 tional services] NY polytechnical institute to fill the vacancy. The 30 meeting shall be called to order by the [chairman] chair. 31 i. If the clerk of the [board of cooperative educational services] NY 32 polytechnical institute shall not be present, the [board] institute may 33 appoint a qualified voter of the [board of cooperative educational 34 services] NY polytechnical institute to act as clerk of the meeting. The 35 board shall appoint qualified voters of the [board of cooperative educa- 36 tional services] NY polytechnical institute as assistant clerks of the 37 meeting. The clerk of the [board of cooperative educational services] NY 38 polytechnical institute shall give a written notice of appointment to 39 the persons so appointed as assistant clerks. If a person appointed as 40 assistant clerk refuses to accept such appointment, or fails to serve, 41 the [board] institute may appoint a qualified voter of the [board of 42 cooperative educational services] NY polytechnical institute to fill the 43 vacancy. Each assistant clerk shall be entitled to compensation at a 44 rate to be fixed by the [board] institute for each day actually and 45 necessarily spent upon the duties of [his] their office. The clerk and 46 assistant clerk or clerks of the meeting shall keep an accurate and true 47 written record of all proceedings of the meeting and shall file such 48 written record with the clerk of the [board of cooperative educational 49 services] NY polytechnical institute within twenty-four hours after the 50 meeting. 51 j. The [board] institute shall appoint two qualified voters of the 52 [board of cooperative educational services] NY polytechnical institute 53 for each ballot box to be used to act as inspectors of election at such 54 meeting. The clerk of the [board of cooperative educational services] NY 55 polytechnical institute shall give written notice of appointment to the 56 persons so appointed. If a person appointed as inspector of election 
 A. 6536 45 1 refuses to accept such appointment, or fails to serve, the board may 2 appoint a qualified voter of the [board of cooperative educational 3 services] NY polytechnical institute to fill the vacancy. Additional 4 inspectors of election may be appointed in the same manner when, in the 5 opinion of the [board] institute, special circumstances exist requiring 6 the services of such additional inspectors. The inspectors of election 7 shall, before the polls are opened, organize by naming one of their 8 number as chief inspector of election. Each inspector of election shall 9 be entitled to compensation at a rate to be fixed by the [board] insti- 10 tute for each day actually and necessarily spent upon the duties of 11 [his] their office. 12 k. A poll list containing the name and legal residence of every person 13 whose vote shall be received shall be kept by the clerk and assistant 14 clerk or clerks of the meeting. 15 l. The [board] institute shall at the expense of the [board of cooper- 16 ative educational services] NY polytechnical institute provide a suit- 17 able box or boxes in which the ballots, folded so as to conceal the 18 marking thereon, shall be deposited as they are received, and shall in 19 like manner provide a voting booth or booths and the voters shall be 20 required to enter such booth or booths for the purpose of marking their 21 ballots. 22 m. The [board] institute shall cause printed ballots to be prepared, 23 setting forth the proposition or propositions to be voted upon, in the 24 form applicable to the submission of a proposition to the meeting of a 25 union free school district. 26 n. All qualified voters entitled to vote who are in the place where 27 the meeting is held at or before the time of closing the polls shall be 28 allowed to vote. 29 o. Immediately upon the close of the polls the inspectors of election 30 shall canvass the ballots in the same manner as ballots are canvassed at 31 a meeting of a union free school district. The [chairman] chair of the 32 meeting shall declare to the meeting the result of each ballot as 33 announced to [him] them by the inspectors of election, and those propo- 34 sitions receiving a majority of the votes of the voters present and 35 voting shall be deemed approved. 36 p. The meeting of the voters of the [board of cooperative educational 37 services] NY polytechnical institute shall be conducted in the same 38 manner as a meeting of the voters of a union free school district. 39 q. If the [board] institute shall so determine it may cause the [board 40 of cooperative educational services] NY polytechnical institute to be 41 divided into election districts provided that in each such election 42 district the number of qualified voters shall at least equal seven 43 hundred. If such resolution be adopted it shall divide the [board of 44 cooperative educational services] NY polytechnical institute into such 45 number of election districts as the [board] institute may determine, 46 provided that if circumstances will permit there shall be a schoolhouse 47 in each election district or in as many such election districts as 48 possible. The election districts so formed shall continue in existence 49 until modified by resolution of the [board] institute. Such resolution 50 shall accurately describe the boundaries of each such district by 51 street, alley and highway or otherwise. Meetings of the voters of the 52 [board of cooperative educational services] NY polytechnical institute 53 shall be held thereafter in such election districts. The [board] insti- 54 tute shall designate the place within each election district where the 55 meetings shall be held. When the [board of cooperative educational 56 services] NY polytechnical institute is divided into election districts, 
 A. 6536 46 1 the [board] institute shall cause the meeting to be held in each 2 election district pursuant to the provisions of this subdivision and 3 shall appoint a [chairman] chair of the meeting, clerks and assistant 4 clerks of the meeting and inspectors of election for each election 5 district. The [board] institute shall designate the election district in 6 which the clerk of the [board of cooperative educational services] NY 7 polytechnical institute shall be present. Where the [board of cooper- 8 ative educational services] NY polytechnical institute has been divided 9 into election districts, the inspectors of election shall make a written 10 report of the results of the ballot, signed by all such inspectors, to 11 the chief inspector of election of each election district. The chief 12 inspector of election of each election district shall within twenty-four 13 hours file such written report with the clerk of the [board of cooper- 14 ative educational services] NY polytechnical institute. The [board] 15 institute shall thereupon within twenty-four hours tabulate and declare 16 the results of the ballot. 17 r. All disputes concerning the validity of any meeting of the voters 18 of a [board of cooperative educational services] NY polytechnical insti- 19 tute or of any of the acts of the officers of such meeting shall be 20 referred to the commissioner of education for determination and [his] 21 their decisions in the matter shall be final and not subject to review. 22 The commissioner may in [his] their discretion order a new meeting. 23 s. The [board of cooperative educational services] NY polytechnical 24 institute shall provide absentee ballots to qualified voters. The 25 commissioner shall adopt regulations for the purposes of implementing 26 the provisions of this paragraph which shall include, but not be limited 27 to, creating the procedure for which such absentee ballots shall be 28 submitted; providing that such absentee ballots shall be, as nearly as 29 practicable, in the same form as those voted at the district election; 30 requiring that any absentee ballot applicant is or will be, on the day 31 of the vote, a qualified voter of the [board of cooperative educational 32 services] NY polytechnical institute and that [he or she] they will be 33 on such date over eighteen years of age, a citizen of the United States 34 and has or will have resided in said district for thirty days next 35 preceding such date; and providing instructions as to the proper marking 36 thereof. 37 t. The [board of cooperative educational services] NY polytechnical 38 institute shall provide early mail ballots to qualified voters. The 39 commissioner shall adopt regulations for the purposes of implementing 40 the provisions of this paragraph which shall include, but not be limited 41 to, creating the procedure for which such early mail ballots shall be 42 submitted; providing that such early mail ballots shall be, as nearly as 43 practicable, in the same form as those voted at the district election; 44 requiring that any early mail ballot applicant is or will be, on the day 45 of the vote, a qualified voter of the [board of cooperative educational 46 services] NY polytechnical institute and that [he or she] they will be 47 on such date over eighteen years of age, a citizen of the United States 48 and has or will have resided in said district for thirty days next 49 preceding such date; and providing instructions as to the proper marking 50 thereof. 51 3. a. For the nineteen hundred ninety-seven--ninety-eight school year 52 and thereafter, the commissioner shall prescribe, in consultation with 53 the comptroller of the state of New York and within the general taxonomy 54 of accounts established by the comptroller pursuant to section thirty- 55 six of the general municipal law, a uniform and specific taxonomy for 56 service programs and activities of [boards of cooperative educational 
 A. 6536 47 1 services] NY polytechnical institutes. In developing such prescribed 2 taxonomy, the commissioner shall consider the recommendations of an 3 advisory panel of district superintendents of schools or their represen- 4 tatives as appointed by the commissioner for such purpose. 5 b. In developing and adopting a budget for the nineteen hundred nine- 6 ty-seven--ninety-eight school year pursuant to this article, each [board 7 of cooperative educational services] NY polytechnical institute may use 8 the same locally selected specific taxonomy for service programs and 9 activities as used for the nineteen hundred ninety-six--ninety-seven 10 school year within the general taxonomy of accounts established by the 11 comptroller pursuant to section thirty-six of the general municipal law, 12 provided that all such accounts shall be converted to the uniform and 13 specific taxonomy prescribed by the commissioner pursuant to paragraph a 14 of this subdivision by October first, nineteen hundred ninety-seven and 15 provided that copies of the approved program, capital and administrative 16 budgets as converted to such uniform and specific taxonomy shall be 17 submitted to the commissioner on or before October first, nineteen 18 hundred ninety-seven. 19 c. In developing and adopting a budget pursuant to this article for 20 the nineteen hundred ninety-eight--ninety-nine school year and thereaft- 21 er, each [board of cooperative educational services] NY polytechnical 22 institute shall use the uniform and specific taxonomy for service 23 programs and activities prescribed by the commissioner pursuant to para- 24 graph a of this subdivision. 25 § 5. Section 1952 of the education law, as amended by chapter 53 of 26 the laws of 1986, is amended to read as follows: 27 § 1952. Technologies network ties program. 1. There is hereby estab- 28 lished a model technologies network ties program to pilot innovative 29 uses of technology for interactive instruction and administrative 30 purposes, in order to determine the feasibility of developing a state- 31 wide technologies network ties program. 32 2. The commissioner shall develop a plan, subject to the approval of 33 the director of the budget, for the allocation of such funds as may be 34 made available for this program, including competitive grants to school 35 districts and [boards of cooperative educational services] NY polytech- 36 nical institutes for interactive instruction. Such plan shall include a 37 listing of the school districts, [boards of cooperative educational 38 services] NY polytechnical institutes and library network systems 39 selected to take part in the pilot program. 40 3. Objectives of the program shall include the development of a 41 network consisting of a structure which will electronically link all 42 participating agencies and allow for the transfer of administrative and 43 instructional data between and among the participating sites. The 44 commissioner, in consultation with appropriate consultants and represen- 45 tatives of participating districts and [boards of cooperative educa- 46 tional services] NY polytechical institutes, will be responsible for 47 determining the appropriate communication standards and protocols for 48 the selection of hardware and software to be used in all facets of the 49 project. 50 4. The commissioner shall adopt regulations to implement the 51 provisions of this section. 52 § 6. Subdivisions 1 and 2 of section 57.17 of the arts and cultural 53 affairs law, as added by chapter 737 of the laws of 1987, are amended to 54 read as follows: 55 1. "Local government" means any county, city, town, village, school 56 district, [board of cooperative educational services] NY polytechnical 
 A. 6536 48 1 institute, district corporation, public benefit corporation, public 2 corporation, or other government created under state law that is not a 3 state department, division, board, bureau, commission or other agency, 4 heretofore or hereafter established by law. 5 2. "Governing body" means the town board, village board of trustees, 6 city council, county legislature or board of supervisors, board of 7 education or board of trustees of a school district or [board of cooper- 8 ative educational services] NY polytechnical institute, board of fire 9 commissioners or other body authorized by law to govern the affairs of a 10 local government. 11 § 7. Paragraph (b) of subdivision 2-g of section 16 of the agriculture 12 and markets law, as added by chapter 285 of the laws of 2021, is amended 13 to read as follows: 14 (b) the development of educational materials about animal and plant 15 fiber, especially for young people, in cooperation with cooperative 16 extension, [boards of cooperative educational services] NY polytechnical 17 institutes, local fairs, and the state fair. 18 § 8. Subdivision 3 of section 31-g of the agriculture and markets law, 19 as amended by chapter 528 of the laws of 2013, is amended to read as 20 follows: 21 3. "Municipality" shall mean any county, town, village, city, school 22 district, [board of cooperative educational services] NY polytechnical 23 institute, other special district, or any office or agency thereof. 24 § 9. Paragraph (c) of subdivision 1 of section 107-a of the banking 25 law, as added by chapter 708 of the laws of 1992, is amended to read as 26 follows: 27 (c) "Political subdivision". Any municipal corporation, school 28 district, [board of cooperative educational services] NY polytechnical 29 institute, district corporation, special improvement district governed 30 by a separate board of commissioners or a public library. 31 § 10. Subdivision 3 of section 200 of the economic development law, as 32 added by chapter 839 of the laws of 1987, is amended to read as follows: 33 3. "Educational agency" shall mean a school district, [board of coop- 34 erative educational services] NY polytechnical institute, community 35 college, agricultural and technical college, or degree-granting institu- 36 tion of higher education, or an independent not-for-profit organization 37 which meets the standards of instructional quality established in regu- 38 lation by the commissioner of education. These standards shall include, 39 but not be limited to, qualifications of administrative and instruc- 40 tional personnel, quality of established curricula, facilities and 41 equipment, recordkeeping, admission, grading, attendance, and record of 42 placement of completers which meets standards of acceptability as estab- 43 lished by the commissioner of education. 44 § 11. Paragraph (b) of subdivision 2 of section 201 of the economic 45 development law, as amended by chapter 435 of the laws of 1990, is 46 amended to read as follows: 47 (b) upon the recommendation of the interagency review committee, 48 execute and monitor grants and contracts to carry out the purposes of 49 this article or authorize grants and contracts to be executed and moni- 50 tored by the department of labor for projects which provide on-the-job 51 training reimbursements to businesses as described in this article and 52 for such labor exchange and other related services as are agreed upon by 53 the agencies, by the state education department for projects which 54 provide classroom based training which will be delivered by school 55 districts, [boards of cooperative educational services] NY polytechnical 56 institutes and private degree-granting institutions of higher education 
 A. 6536 49 1 and by the state university or the city university for projects which 2 provide classroom based training which will be delivered by community 3 colleges, agricultural and technical colleges, and public degree-grant- 4 ing institutions of higher education or authorize such other arrange- 5 ments as, upon the recommendation of the interagency review committee, 6 the commissioner determines will advance the purposes of this program; 7 § 12. Subdivision 1 of section 211 of the economic development law, as 8 amended by section 1 of part GGG of chapter 58 of the laws of 2023, is 9 amended to read as follows: 10 1. The department shall establish and support, within available appro- 11 priations, entrepreneurship assistance centers at career education agen- 12 cies, municipal agencies, and not-for-profit corporations including, but 13 not limited to, local development corporations, chambers of commerce, 14 community-based business outreach centers and other community-based 15 organizations. The purpose of such centers shall be to train minority 16 group members, women, individuals with a disability, dislocated workers 17 and veterans in the principles and practice of entrepreneurship in order 18 to prepare such persons to pursue self-employment opportunities and to 19 pursue a designation as a minority business enterprise or a women-owned 20 business enterprise. Such centers shall provide for training in all 21 aspects of business development and small business management as defined 22 by the commissioner. For purposes of this section, "career education 23 agency" shall mean a community college or [board of cooperative educa- 24 tional services] NY polytechnical institute operating within the state. 25 § 12-a. Subdivision 1 of section 211 of the economic development law, 26 as added by chapter 398 of the laws of 2018, is amended to read as 27 follows: 28 1. The department shall establish and support, within available appro- 29 priations, entrepreneurship assistance centers at career education agen- 30 cies and not-for-profit corporations including, but not limited to, 31 local development corporations, chambers of commerce, community-based 32 business outreach centers and other community-based organizations. The 33 purpose of such centers shall be to train minority group members, women, 34 individuals with a disability, dislocated workers and veterans in the 35 principles and practice of entrepreneurship in order to prepare such 36 persons to pursue self-employment opportunities and to pursue a minority 37 business enterprise or a women-owned business enterprise. Such centers 38 shall provide for training in all aspects of business development and 39 small business management as defined by the commissioner. For purposes 40 of this section, "career education agency" shall mean a community 41 college or [board of cooperative educational services] NY polytechnical 42 institute operating within the state. 43 § 13. Paragraph 5 of subdivision (b) of section 8018 of the civil 44 practice law and rules, as added by chapter 428 of the laws of 2023, is 45 amended to read as follows: 46 5. to a civil cause of action in which a city, town, village, fire 47 district, district corporation, school district or [board of cooperative 48 educational services] NY polytechnical institute is the plaintiff; or 49 § 14. Subdivision (g) of section 35 of the civil service law, as 50 amended by chapter 1167 of the laws of 1971, is amended to read as 51 follows: 52 (g) all persons employed by any title whatsoever as members of the 53 teaching and supervisory staff of a school district, [board of cooper- 54 ative educational services] NY polytechnical institute or county voca- 55 tional education and extension board, as certified to the state commis- 56 sion by the commissioner of education. The commissioner of education 
 A. 6536 50 1 shall prescribe qualifications for appointment for all classes of posi- 2 tions so certified by [him] them, and shall establish specifications 3 setting forth the qualifications for and the nature and scope of the 4 duties and responsibility of such positions. The commissioner of educa- 5 tion shall file such qualifications for appointment and such specifica- 6 tions with the civil service commission; 7 § 15. Section 62 of the civil service law, as amended by chapter 74 of 8 the laws of 1967 and the second undesignated paragraph as added by chap- 9 ter 195 of the laws of 1990, is amended to read as follows: 10 § 62. Constitutional oath upon appointment. Every person employed by 11 the state or any of its civil divisions, except an employee in the labor 12 class, before [he] they shall be entitled to enter upon the discharge of 13 any of [his] their duties, shall take and file an oath or affirmation in 14 the form and language prescribed by the constitution for executive, 15 legislative and judicial officers, which may be administered by any 16 officer authorized to take the acknowledgment of the execution of a deed 17 of real property, or by an officer in whose office the oath is required 18 to be filed. In lieu of such oath administered by an officer, an employ- 19 ee may comply with the requirements of this section by subscribing and 20 filing the following statement: "I do hereby pledge and declare that I 21 will support the constitution of the United States, and the constitution 22 of the state of New York, and that I will faithfully discharge the 23 duties of the position of ............, according to the best of my 24 ability. " Such oath or statement shall be required only upon original 25 appointment or upon a new appointment following an interruption of 26 continuous service, and shall not be required upon promotion, demotion, 27 transfer, or other change of title during the continued service of the 28 employee, or upon the reinstatement pursuant to law or rules of an 29 employee whose services have been terminated and whose last executed 30 oath or statement is on file. The oath of office heretofore taken by any 31 employee as previously required by law, and the oath of office hereafter 32 taken or statement hereafter subscribed by any employee pursuant to this 33 section, shall extend to and encompass any position or title in which 34 such person may serve as an employee during the period of [his] their 35 continuous service following the taking of such oath or subscribing of 36 such statement, and [his] their acceptance of such new title shall 37 constitute a reaffirmance of such oath or statement. The oath or state- 38 ment of every state employee shall be filed in the office of the secre- 39 tary of state, of every employee of a municipal corporation with the 40 clerk thereof, and of every other employee, including the employees of a 41 public library and the employees of [boards of cooperative educational 42 services] NY polytechnical institutes, if no place be otherwise provided 43 by law, in the office of the clerk of the county in which [he] they 44 shall reside. The refusal or wilful failure of such employee to take and 45 file such oath or subscribe and file such statement shall terminate 46 [his] their employment until such oath shall be taken and filed or 47 statement subscribed and filed as herein provided. 48 An enrolled member of an Indian nation or an Indian individual having 49 an affiliation with an Indian nation recognized by the United States or 50 the state of New York may elect to comply with the requirements of this 51 section by instead subscribing and filing the following statement: 52 "I do solemnly affirm that I will faithfully discharge the duties of 53 the position of according to the best of my ability, and 54 perform my duties in a manner consistent with the constitution of the 55 United States and the constitution of the state of New York." 
 A. 6536 51 1 § 16. Section 159-b of the civil service law, as amended by chapter 2 465 of the laws of 2017, is amended to read as follows: 3 § 159-b. Excused leave to undertake a screening for cancer. 1. Every 4 public officer, employee of this state, employee of any county, employee 5 of any community college, employee of any public authority, employee of 6 any public benefit corporation, employee of any [board of cooperative 7 educational services (BOCES)] NY polytechnical institute, employee of 8 any vocational education and extension board, or a school district 9 enumerated in section one of chapter five hundred sixty-six of the laws 10 of nineteen hundred sixty-seven, employee of any municipality, employee 11 of any school district or any employee of a participating employer in 12 the New York state and local employees' retirement system or any employ- 13 ee of a participating employer in the New York state teachers' retire- 14 ment system shall be entitled to absent [himself or herself] themself 15 and shall be deemed to have a paid leave of absence from [his or her] 16 their duties or service as such public officer or employee of this 17 state, employee of any county, employee of any community college, 18 employee of any public authority, employee of any public benefit corpo- 19 ration, employee of any [board of cooperative educational services 20 (BOCES)] NY polytechnical institute, employee of any vocational educa- 21 tion and extension board, or a school district enumerated in section one 22 of chapter five hundred sixty-six of the laws of nineteen hundred 23 sixty-seven, employee of any municipality, employee of any school 24 district, or any employee of a participating employer in the New York 25 state and local employees' retirement system or any employee of a 26 participating employer in the New York state teachers' retirement system 27 for a sufficient period of time, not to exceed four hours on an annual 28 basis, to undertake a screening for cancer. 29 2. The entire period of the leave of absence granted pursuant to this 30 section shall be excused leave and shall not be charged against any 31 other leave such public officer, employee of this state, employee of any 32 county, employee of any community college, employee of any public 33 authority, employee of any public benefit corporation, employee of any 34 [board of cooperative educational services (BOCES)] NY polytechnical 35 institute, employee of any vocational education and extension board, or 36 a school district enumerated in section one of chapter five hundred 37 sixty-six of the laws of nineteen hundred sixty-seven, employee of any 38 municipality, employee of any school district or any employee of a 39 participating employer in the New York state and local employees' 40 retirement system or any employee of a participating employer in the New 41 York state teachers' retirement system is otherwise entitled to. 42 § 17. Intentionally omitted. 43 § 18. Paragraphs (d) and (f) of subdivision 7 of section 201 of the 44 civil service law, paragraph (d) as amended and paragraph (f) as added 45 by chapter 769 of the laws of 1989, are amended to read as follows: 46 (d) A substitute teacher or a person employed in a nonpedagogical 47 position who has received a reasonable assurance of continuing employ- 48 ment in accordance with subdivision ten or eleven of section five 49 hundred ninety of the labor law which is sufficient to disqualify the 50 substitute teacher or person employed in a nonpedagogical position from 51 receiving unemployment insurance benefits shall be deemed to be an 52 employee of the school district or [board of cooperative educational 53 services] NY polytechnical institute that has furnished such reasonable 54 assurance of continuing employment; provided however that for the 55 purposes of this article only, the determination of whether such reason- 56 able assurance was furnished shall be made as if such determination were 
 A. 6536 52 1 made prior to the promulgation by the United States department of labor 2 of program letter number 4-87, dated December twenty-fourth, nineteen 3 hundred eighty-six. 4 (f) The term "public employee" means any person employed by a school 5 district or [board of cooperative educational services] NY polytechnical 6 institute not otherwise deemed to be a public employee pursuant to the 7 provisions of this subdivision, but who would be deemed a public employ- 8 ee under precedents or standards utilized or promulgated by the board 9 for determining whether a person employed in a part-time, seasonal or 10 casual position by a public employer other than a school district or 11 [board of cooperative educational services] NY polytechnical institute 12 would be a public employee under paragraph (a) of this subdivision, 13 taking into account the length of the school day and school year. 14 § 19. Paragraph (f) of subdivision 3 of section 209 of the civil 15 service law, as amended by chapter 216 of the laws of 1977, is amended 16 to read as follows: 17 (f) where the public employer is a school district, a [board of coop- 18 erative educational services] NY polytechnical institute, a community 19 college, the state university of New York, or the city university of New 20 York, the provisions of subparagraphs (iii) and (iv) of paragraph (e) of 21 this subdivision shall not apply, and (i) the board may afford the 22 parties an opportunity to explain their positions with respect to the 23 report of the fact-finding board at a meeting at which the legislative 24 body, or a duly authorized committee thereof, may be present; (ii) ther- 25 eafter, the legislative body may take such action as is necessary and 26 appropriate to reach an agreement. The board may provide such assistance 27 as may be appropriate. 28 § 20. Subdivision 19 of section 2 of the education law, as added by 29 chapter 725 of the laws of 1980, is amended to read as follows: 30 19. Expenditures. For purposes of computing aid to public school 31 districts, [boards of cooperative educational services] NY polytechnical 32 institutes, nonpublic elementary and secondary schools, public and coop- 33 erative library systems or public and free association libraries pursu- 34 ant to this chapter or any other law, such aid shall be computed using 35 state aid worksheets developed pursuant to regulations of the commis- 36 sioner, designed to reflect use of the state comptroller's definition of 37 expenditures to the extent possible. Such worksheet definitions of 38 expenditures shall be used notwithstanding the fact that this chapter or 39 other applicable law may use terms such as cash expenditures, expenses, 40 costs, paid, payments, or other such terms. 41 § 21. Paragraphs c and f of subdivision 1 of section 2-c of the educa- 42 tion law, as added by section 1 of subpart K of part AA of chapter 56 of 43 the laws of 2014, are amended to read as follows: 44 c. "Shared learning infrastructure service provider" or "SLISP" shall 45 mean any entity that collects, stores, organizes, or aggregates student 46 information and contracts with or enters into an agreement with the 47 department for the purposes of providing student information to a data 48 dashboard operator for use in a data dashboard. Provided that the term 49 SLISP shall not include [boards of cooperative educational services] NY 50 polytechnical institutes or regional information centers operated by 51 [boards of cooperative educational services] NY polytechnical institutes 52 or other public entities. 53 f. "Educational agency" shall mean any public school district, [board 54 of cooperative educational services] NY polytechnical institute, special 55 act school district, public school kindergarten program, universal pre- 56 kindergarten programs authorized pursuant to section thirty-six hundred 
 A. 6536 53 1 two-e of this chapter, publicly funded pre-kindergarten programs, 2 approved preschool special education programs pursuant to section 3 forty-four hundred ten of this chapter, approved private school for the 4 education of students with disabilities and a state supported or state 5 operated school subject to the provisions of article eighty-five, eight- 6 y-seven or eighty-eight of this chapter. 7 § 22. Paragraph c of subdivision 1 of section 2-d of the education 8 law, as added by section 1 of subpart L of part AA of chapter 56 of the 9 laws of 2014, is amended to read as follows: 10 c. "Educational agency" means a school district, [board of cooperative 11 educational services] NY polytechnical institute, school, or the educa- 12 tion department. 13 § 23. Subdivision 2 of section 101-b of the education law, as added by 14 chapter 378 of the laws of 2010, is amended to read as follows: 15 2. It shall be the duty of the commissioner to review all existing 16 reports and plans that school districts and [boards of cooperative 17 educational services] NY polytechnical institutes are required to submit 18 and by November first, two thousand ten, the commissioner shall submit 19 to the board of regents, the governor, the speaker of the assembly, the 20 temporary president of the senate, the director of the budget and the 21 chairs of the respective fiscal and education committees of the senate 22 and assembly specific recommendations to eliminate unnecessary or dupli- 23 cative reporting requirements; and where possible, recommendations to 24 consolidate reports, plans and other information required to be submit- 25 ted to the commissioner including which recommendations could be imple- 26 mented administratively and which would require statutory authorization. 27 § 24. Paragraph (i) of subdivision 5 of section 211-e of the education 28 law, as added by chapter 103 of the laws of 2010, is amended to read as 29 follows: 30 (i) "educational partnership organization" means a [board of cooper- 31 ative educational services] NY polytechnical institute, a public or 32 independent, non-profit institution of higher education, a cultural 33 institution, or a private, non-profit organization with a proven record 34 of success in intervening in low-performing schools, as determined by 35 the commissioner, provided that such term shall not include a charter 36 school; 37 § 25. Subdivisions 2, 3, 4, and 5 of section 213 of the education law, 38 subdivisions 2 and 3 as amended and subdivisions 4 and 5 as added by 39 chapter 724 of the laws of 1961, are amended to read as follows: 40 2. In carrying out the provisions of subdivision one of this section, 41 the regents may: a. Contract with institutions in the university, 42 school districts, [boards of cooperative educational services] NY poly- 43 technical institutes or other non-profit educational agencies for the 44 acquisition from such institutions, school districts, boards or agencies 45 of sound films, kinescopes, audio recordings and video recordings, 46 scripts, research reports or related educational television materials, 47 for the use of the department, or for the production of educational 48 television programs: 49 b. Lease, to school districts, [boards of cooperative educational 50 services] NY polytechnical institutes or television corporations created 51 pursuant to section two hundred thirty-six of this chapter, educational 52 television facilities, including transmitters, micro-wave relay facili- 53 ties, production centers, closed-circuit systems and any equipment 54 necessary therefor, constructed or acquired, and owned by the state, 55 leased by the state, or contract with such districts, [boards of cooper- 
 A. 6536 54 1 ative educational services] NY polytechnical institutes or corporations 2 for the operation of such facilities: 3 c. Lease and operate a television station in the city of New York. 4 3. For the purpose of carrying out the provisions of subdivision two 5 of this section, the regents may make rules or authorize the commission- 6 er to make regulations providing standards for research and experimenta- 7 tion, operation and programming of educational television by the state 8 and the school districts, [boards of cooperative educational services] 9 NY polytechnical institutes, institutions, corporations and agencies, 10 respectively. 11 4. In carrying out the provisions of subdivisions one and two of this 12 section and in order to encourage and stimulate the further development 13 and use of educational television in the state of New York and for the 14 purposes of providing educational services and facilities for pupils in 15 the public schools of the state of New York, the board of regents is 16 hereby authorized to make additional apportionments to school districts 17 or [boards of cooperative educational services] NY polytechnical insti- 18 tutes in accordance with the provisions of this subdivision to encourage 19 and assist such districts or [boards] institutes to install and operate 20 a broadcast or closed-circuit television system, or television receiving 21 equipment for the improvement of classroom instruction. 22 a. Any school district or [board of cooperative educational services] 23 NY polytechnical institute planning to establish such a program shall 24 submit to the commissioner of education on or before the first day of 25 May of the school year preceding the school year during which the 26 program is to be conducted an application, together with such informa- 27 tion as the commissioner of education shall require, including at least 28 a complete statement of purposes of the program, the detailed procedures 29 of operation, a detailed estimate of the cost of such program and a 30 complete description of the installation and equipment to be installed 31 and the detailed procedures of evaluations to be used in determining the 32 improvement of classroom instruction. 33 b. The commissioner of education shall establish procedures for eval- 34 uations of such programs. One such program for each school district or 35 [board of cooperative educational services] NY polytechnical institute 36 may be approved by the commissioner of education, and any program so 37 approved by the commissioner of education shall be placed on a list in 38 accordance with the educational merit and value of the program, and the 39 date of receipt of the application, where several programs are evaluated 40 as having equal merit and value. 41 c. Apportionment shall then be made in accordance with the formula 42 contained in paragraph d of this subdivision, in the order of such 43 programs on the list established in accordance with paragraph b of this 44 subdivision within the amount of the appropriation therefor. 45 d. Any district or [board] institute which proposes to install and 46 operate a broadcast or closed-circuit television system or television 47 receiving equipment for the improvement of classroom instruction, in 48 accordance with a program approved as provided in this subdivision and 49 to the extent that funds are available pursuant to this subdivision, 50 shall be entitled to an apportionment during the five-year period 51 following the approval of the program as follows: 52 Fifty per cent of the approved cost relative to the acquisition and 53 installation of the equipment, and during the first year fifty per cent 54 of the approved operational expenses in connection with the approved 55 operation of the program; during the second year forty per cent of the 56 approved operational expenses in connection with the approved operation 
 A. 6536 55 1 of the program; during the third year thirty per cent of the approved 2 operational expenses in connection with the approved operation of the 3 program; during the fourth year twenty per cent of the approved opera- 4 tional expenses in connection with the approved operation of the 5 program; and during the fifth year ten per cent of the approved opera- 6 tional expenses in connection with the approved operation of the 7 program. 8 5. A school district or a [board of cooperative educational services] 9 NY polytechnical institute is hereby authorized and empowered to do and 10 perform any and all acts necessary or convenient to enable it to carry 11 out the provisions of this section. 12 § 26. Subdivision 1 of section 215-a of the education law, as amended 13 by chapter 44 of the laws of 2000, is amended to read as follows: 14 1. The regents of the university of the state of New York shall 15 prepare and submit to the governor, the temporary president of the 16 senate, and the speaker of the assembly, not later than the first day of 17 January, nineteen hundred eighty-nine, nineteen hundred ninety and nine- 18 teen hundred ninety-one and the fifteenth day of February of each year 19 thereafter, a report concerning the schools of the state which shall set 20 forth with respect to the preceding school year: enrollment trends; 21 indicators of student achievement in reading, writing, mathematics, 22 science and vocational courses; graduation, college attendance and 23 employment rates; such other indicators of student performance as the 24 regents shall determine; information concerning teacher and administra- 25 tor preparation, turnover, in-service education and performance; infor- 26 mation concerning school library expenditures and school library media 27 specialist employment; expenditure per pupil on regular education and 28 expenditure per pupil on special education and such other information as 29 requested by the governor, the temporary president of the senate, or the 30 speaker of the assembly. To the extent practicable, all such information 31 shall be displayed on both a statewide and individual district basis and 32 by racial/ethnic group and gender. The regents are authorized to require 33 school districts, [boards of cooperative educational services] NY poly- 34 technical institutes and nonpublic schools to provide such information 35 as is necessary to prepare the report. In preparing the report, the 36 regents shall consult with other interested parties, including local 37 school districts, teachers' and faculty organizations, school adminis- 38 trators, parents and students. 39 § 27. Section 215-b of the education law, as amended by chapter 301 of 40 the laws of 1996, is amended to read as follows: 41 § 215-b. Annual report by commissioner to governor and legislature. 42 The commissioner shall prepare and submit to the governor, the president 43 pro tem of the senate and the speaker of the assembly not later than 44 January first, nineteen hundred ninety-six and by the first day of Janu- 45 ary in each year thereafter, a report detailing the financial and 46 statistical outcomes of [boards of cooperative educational services] NY 47 polytechnical institutes which shall, at minimum, set forth with respect 48 to the preceding school year: tuition costs for selected programs; stan- 49 dard per pupil cost information for selected services as determined by 50 the commissioner; and aggregate expenditure data for the following cate- 51 gories: administration, instructional services, career education, 52 special education, rent and facilities and other services; and such 53 other information as deemed appropriate by the commissioner. The format 54 for such report shall be developed in consultation with school district 55 officials and the director of the budget. Such report will include 56 changes from the year prior to the report year for each such item for 
 A. 6536 56 1 all [boards of cooperative educational services] NY polytechnical insti- 2 tutes. Such report shall be distributed to all school districts and 3 [boards of cooperative educational services] NY polytechnical insti- 4 tutes and shall be made available to all other interested parties upon 5 request. 6 § 28. Subdivision 2 of section 215-c of the education law, as added by 7 chapter 474 of the laws of 1996, is amended to read as follows: 8 2. The board and the commissioner shall wherever practicable promote 9 cost-effectiveness and cost-effective practices in the public elementary 10 and secondary schools and [boards of cooperative educational services] 11 NY polytechnical institutes of the state. As part of the effort pursuant 12 to this section, by January first, nineteen hundred ninety-eight and 13 periodically thereafter, the commissioner shall (a) identify current 14 structures, policies, laws and regulations which hinder cost-effective- 15 ness in schools and school districts; (b) identify cost-effective 16 districts by determining which schools or school districts have demon- 17 strated significant achievement or improvement relative to resource 18 allocation in such areas as student performance, instruction, manage- 19 ment, business administration, early childhood education and such other 20 areas as the board deems appropriate; (c) identify cost-effective 21 action, policies, practices and programs which may be successfully 22 replicated in other school districts; and (d) recommend or, to the 23 extent feasible, develop specific cost-effective ways in which to 24 encourage, recognize and reward academic improvement and success in 25 school districts, and remove existing penalties and fiscal disincentives 26 to such improvement or success. 27 § 29. Section 282 of the education law, as added by chapter 348 of the 28 laws of 1984, is amended to read as follows: 29 § 282. Establishment of school library systems. The commissioner is 30 authorized to approve the establishment of school library systems, each 31 system to be composed of school districts which are located within a 32 [board of cooperative educational services] NY polytechnical institute 33 area, or a school district serving a city with a population of one 34 hundred twenty-five thousand or more, or combinations thereof. The 35 systems may include non-public school libraries as defined in regu- 36 lations to be promulgated by the commissioner. Upon establishment, such 37 school library systems shall be governed by either their respective 38 [boards of cooperative educational services] NY polytechnical 39 institutes, by boards of education in school districts serving cities 40 with populations of one hundred twenty-five thousand or more, or by a 41 governing body established under the plan to be submitted to the commis- 42 sioner in cases of systems serving a combination of areas. 43 § 30. Subparagraph 2 of paragraph e of subdivision 1 of section 284 of 44 the education law, as amended by section 5 of part O of chapter 57 of 45 the laws of 2005, is amended to read as follows: 46 (2) five hundred dollars per public school district located within 47 such system, and a minimum of four thousand three hundred dollars per 48 system located within a [board of cooperative educational services] NY 49 polytechnical institute area, or five thousand dollars per city school 50 district of a city with a population of one hundred twenty-five thousand 51 inhabitants or more, and 52 § 31. Paragraph b of subdivision 21, subdivisions 25, 27, 28, 30, 45, 53 51, 54, and 56, subparagraph (iii) of paragraph a and paragraph b of 54 subdivision 56, subdivision 59, the opening paragraph of subdivision 60, 55 and paragraph b of subdivision 62 of section 305 of the education law, 56 paragraph b of subdivision 21 as amended by section 61 of part YYY of 
 A. 6536 57 1 chapter 59 of the laws of 2017, subdivision 25 as added by chapter 474 2 of the laws of 1996, subdivision 27 as added by section 1 of part A of 3 chapter 436 of the laws of 1997, subdivision 28 as added by section 3-a 4 of part L of chapter 405 of the laws of 1999, subdivision 30 as added by 5 chapter 180 of the laws of 2000, paragraphs (a) and (d), the opening 6 paragraph and subparagraph (i) of paragraph (b), and subparagraph (vii) 7 of paragraph (c) of subdivision 30 as amended by chapter 630 of the laws 8 of 2006, subparagraph (vi) as added and subparagraph (viii) of paragraph 9 (c) of subdivision 30 as renumbered by chapter 182 of the laws of 2000, 10 paragraph (e) of subdivision 30 as added by chapter 147 of the laws of 11 2001, subdivision 45 as added by section 1 of subpart B of part AA of 12 chapter 56 of the laws of 2014, subdivision 51 as amended by chapter 67 13 of the laws of 2019, subdivision 54 as added by section 4 of subpart C 14 of part B of chapter 20 of the laws of 2015, subdivision 56 as added by 15 chapter 216 of the laws of 2017, subparagraph (iii) of paragraph a and 16 paragraph b of subdivision 56 as added by chapter 347 of the laws of 17 2017, subdivision 59 as added by section 4 of subpart A of part JJ of 18 chapter 56 of the laws of 2021, the opening paragraph of subdivision 60 19 as added by chapter 350 of the laws of 2023, and paragraph b of subdivi- 20 sion 62 as added by chapter 361 of the laws of 2024, are amended to read 21 as follows: 22 b. The commissioner shall periodically prepare an updated electronic 23 data file containing actual and estimated data relating to apportion- 24 ments due and owing during the current school year and projections of 25 such apportionments for the following school year to school districts 26 and [boards of cooperative educational services] NY polytechnical insti- 27 tutes from the general support for public schools, growth and [boards of 28 cooperative educational services] NY polytechnical institutes appropri- 29 ations on the following dates: November fifteenth, or such alternative 30 date as may be requested by the director of the budget for the purpose 31 of preparation of the executive budget; February fifteenth, or such 32 alternative date as may be jointly requested by the chair of the senate 33 finance committee and the chair of the assembly ways and means commit- 34 tee; and May fifteenth. For the purposes of using estimated data for 35 projections of apportionments for the following school year, when no 36 specific apportionment has yet been made for such school year, but such 37 apportionment has a history of annual reauthorization, the commissioner 38 shall estimate the apportionment at the same level as the preceding 39 school year, subject to the annual approval of the director of the budg- 40 et, the chairperson of the senate finance committee and the chairperson 41 of the assembly ways and means committee. 42 25. The commissioner shall conduct periodic fiscal audits of [boards 43 of cooperative educational services] NY polytechnical institutes as 44 defined in section nineteen hundred fifty of this chapter and, to the 45 extent sufficient resources are provided the department for such 46 purpose, shall assure that each such [board of cooperative educational 47 services] NY polytechnical institute is audited at least once every 48 three years. 49 27. The commissioner shall promulgate regulations in consultation with 50 the New York state energy research and development authority concerning 51 the development and approval of energy performance contracts for school 52 districts and [boards of cooperative educational services] NY polytech- 53 nical institutes in accordance with subdivision eight of section 9-103 54 of the energy law. 55 28. On or before April first, two thousand, the commissioner shall 56 develop and implement an automated [board of cooperative educational 
 A. 6536 58 1 services] NY polytechnical institute state aid reporting system for the 2 purpose of tracking and reporting state and local expenditures for aida- 3 ble shared services pursuant to subdivision five of section nineteen 4 hundred fifty of this chapter. Such system shall track state and local 5 expenditures in the manner prescribed by the commissioner, provided 6 that, at a minimum, such system shall report such expenditures by [board 7 of cooperative educational services] NY polytechnical institute, by type 8 of cooperative service agreement (CO-SER) and by component school 9 district. In addition, such system shall report expenses and aid totals, 10 as well as expenditures and aid per resident weighted average daily 11 attendance. 12 30. (a) The commissioner, in cooperation with the division of criminal 13 justice services and in accordance with all applicable provisions of 14 law, shall promulgate rules and regulations to require the fingerprint- 15 ing of prospective employees, as defined in section eleven hundred twen- 16 ty-five of this chapter, of school districts, charter schools and 17 [boards of cooperative educational services] NY polytechnical institutes 18 and authorizing the fingerprinting of prospective employees of nonpublic 19 and private elementary and secondary schools, and for the use of infor- 20 mation derived from searches of the records of the division of criminal 21 justice services and the federal bureau of investigation based on the 22 use of such fingerprints. The commissioner shall also develop a form for 23 use by school districts, charter schools, [boards of cooperative educa- 24 tional services] NY polytechnical institutes, and nonpublic and private 25 elementary and secondary schools in connection with the submission of 26 fingerprints that contains the specific job title sought and any other 27 information that may be relevant to consideration of the applicant. The 28 commissioner shall also establish a form for the recordation of allega- 29 tions of child abuse in an educational setting, as required pursuant to 30 section eleven hundred twenty-six of this chapter. No person who has 31 been fingerprinted pursuant to section three thousand four-b of this 32 chapter or pursuant to section five hundred nine-cc or twelve hundred 33 twenty-nine-d of the vehicle and traffic law and whose fingerprints 34 remain on file with the division of criminal justice services shall be 35 required to undergo fingerprinting for purposes of a new criminal histo- 36 ry record check. This subdivision and the rules and regulations promul- 37 gated pursuant thereto shall not apply to a school district within a 38 city with a population of one million or more. 39 (b) The commissioner, in cooperation with the division of criminal 40 justice services, shall promulgate a form to be provided to all such 41 prospective employees of school districts, charter schools, [boards of 42 cooperative educational services] NY polytechnical institutes, and 43 nonpublic and private elementary and secondary schools that elect to 44 fingerprint and seek clearance for prospective employees that shall: 45 (i) inform the prospective employee that the commissioner is required 46 or authorized to request [his or her] their