Section 1950. Establishment of boards of cooperative educational services pending the creation of intermediate districts

1.  The  boards  of  education  and  school  trustees  of a supervisory district which is not
  part of an intermediate district, meeting at a  time  and  place  to  be
  designated by the district superintendent of schools, may, by a majority
  vote  of their members present and voting, file with the commissioner of
  education a petition for the establishment of  a  board  of  cooperative
  educational services for the purpose of carrying out a program of shared
  educational  services in the schools of the supervisory district and for
  providing instruction in such special subjects as the  commissioner  may
  approve.  The  commissioner,  by  order, may establish such a board with
  membership of not less than  five  nor  more  than  fifteen,  upon  such
  application  and  when  a  vacancy  occurs  in  the  office  of district
  superintendent of schools shall  establish  such  a  board,  unless  the
  commissioner shall issue an order pursuant to section twenty-two hundred
  one  redistricting  the  county  so as to provide for a lesser number of
  supervisory districts. The  commissioner,  by  order,  may  authorize  a
  board, established prior to July second, nineteen hundred sixty-five, to
  increase its membership to not less than five nor more than fifteen.
    2.  Upon the establishment by the commissioner of such a board, boards
  of education and school trustees, by  a  vote  pursuant  to  subdivision
  two-a  of  this  section  shall elect a board of cooperative educational
  services.  Except for elections conducted pursuant to subdivision  two-a
  of  this  section, and the adoption of a public resolution regarding the
  approval or disapproval of the tentative administrative budget  pursuant
  to subparagraph five of paragraph b of subdivision four of this section,
  component  districts  having  more  than five board of education members
  shall be limited to five votes on any matters relating to  the  district
  superintendency  or  board  of  cooperative educational services. A full
  term shall be three years  to  serve  from  July  first  next  following
  election.  It shall be the duty of such meeting by order of such meeting
  to divide into a sufficient number of classes the terms of  the  members
  of  the  board  of cooperative educational services so that as nearly as
  possible an equal number of members shall be elected to the  board  each
  year.  Notwithstanding any other provision of this subdivision, upon the
  decrease of the full term of members from five to three years, the board
  of cooperative educational  services  shall  direct  that  one  or  more
  members  be  elected  for  a  term of one, two or four years in order to
  assure, as nearly as possible, that an equal number of members  will  be
  elected  to  the  board  each  year.  Members  of  such  board  shall be
  reimbursed for necessary expenses for attending meetings of such boards.
  The district superintendent shall be the executive officer of the board,
  and where a board of cooperative educational services comprises  two  or
  more  supervisory  districts the district superintendents, together with
  the president of the board of cooperative  educational  services,  shall
  act as an executive committee.
    2-a.  a. Notwithstanding any other provision of law, commencing on and
  after the first day of  November,  nineteen  hundred  ninety-three,  the
  members  of a board of cooperative educational services shall be elected
  in accordance with the provisions of this subdivision.
    b. Not later than the first day of February of each year the president
  of the board of  cooperative  educational  services  shall  designate  a
  single date on or after the sixteenth day and on or before the thirtieth
  day  of  April  on  which  each component board, other than the board of
  education of a central high school  district,  shall  conduct  a  public
  meeting  which  may  be a regular or special meeting, for the purpose of
  electing members of the board of cooperative  educational  services  and
  adopting  a  public resolution concerning the approval or disapproval of

  the tentative administrative budget. In  the  case  of  a  central  high
  school  district,  such  public  meeting  shall  be  held on the regular
  business day next following the date designated by the president of  the
  board  of cooperative educational services. Nomination of a person to be
  elected to a board of cooperative educational services shall be made  by
  at  least  one  component  district by board resolution. Such resolution
  shall be transmitted in writing to the clerk of the board of cooperative
  educational services at least thirty days  prior  to  the  date  of  the
  election  as  designated  by  the  president of the board of cooperative
  educational services. No nomination of a person to be elected to a board
  of cooperative educational services  from  a  component  district  which
  currently  has a resident serving on such board shall be accepted unless
  such member's office is to expire at the end of the current year, unless
  the size of such board exceeds the number of component school  districts
  or  unless  an unrepresented district declines to make a nomination. For
  purposes of this subdivision, any such person or board member  nominated
  by  a special act school district, a central high school district or any
  district which is a component of a central high school district shall be
  deemed a resident of the  district  that  nominated  him  or  her  only.
  Furthermore,   it  shall  be  the  duty  of  the  board  of  cooperative
  educational services to encourage the nomination of persons residing  in
  component  districts  not currently represented on such board. The clerk
  shall include the name and address  of  each  person  nominated  on  the
  election ballot to be distributed in accordance with paragraph c of this
  subdivision.
    c.  Members of the boards of cooperative educational services shall be
  elected by resolution of the component boards on a  ballot  prepared  by
  the  clerk of the board of cooperative educational services. Such ballot
  shall be mailed to each component district no later than  fourteen  days
  prior to the date designated as the day of the election by the president
  of  the  board  of  cooperative  educational  services.  Each  component
  district shall be entitled to one vote for  each  vacant  office  to  be
  filled.  A  component  board  may  not  cast  more than one vote for any
  candidate. The candidates receiving a plurality of the  votes  cast  for
  the  several  offices  shall be elected, provided, however, that no more
  than one person residing in  a  particular  component  district  may  be
  elected  to  serve  as  a  member  of a board of cooperative educational
  services at one time unless the number of seats on  such  board  exceeds
  the  number  of  component districts or unless an unrepresented district
  declines to make a nomination, provided further that a person  nominated
  by  a  special  act school district, a central high school district or a
  component of a central high school district shall be deemed  a  resident
  of  the  nominating  district only for this purpose. Where more than one
  position is to be filled by such election and there is a variance in the
  length of the  terms  for  which  such  offices  are  to  be  filled  as
  authorized by this subdivision, or one or more persons are to be elected
  for  a  full term or terms and one or more persons are to be elected for
  the unexpired portion of  a  term  or  terms,  or  both,  the  candidate
  receiving  the greatest number of votes shall be entitled to the longest
  term and candidates receiving the next highest number of votes,  to  the
  several  offices  in  decreasing  order  of  the length of such terms or
  unexpired portions of such terms. Each component school  district  shall
  mail  or  deliver  its  completed  ballot  to  the clerk of the board of
  cooperative educational services no later than one  business  day  after
  the election.
    d.  In  the event that more eligible persons than the number remaining
  to be elected receive an equal number of  votes  sufficient  that  fewer
  persons  receiving  such number of votes would be elected, the president

  of the board of cooperative educational services shall  call  a  run-off
  election  to be conducted in accordance with the provisions of paragraph
  c of this subdivision and to be held on a date within twenty days of the
  initial  vote.  The  only persons who shall be deemed nominated for such
  run-off election shall be the candidates who have  received  such  equal
  number  of  votes. In the event that equal numbers of votes are received
  by eligible candidates for offices with a variance in the length of  the
  term  of  office  but the number of votes received by such candidates is
  sufficient to elect each of the candidates to the board  of  cooperative
  educational  services,  the  candidates  receiving  such equal number of
  votes shall draw lots to determine who of  them  shall  fill  each  such
  office.
    e.  Notwithstanding  any  other  provision  of this subdivision to the
  contrary, in the event a component school district will  be  transferred
  to  a new supervisory district as of July first next succeeding the date
  designated  for  the  annual  election  of  the  board  of   cooperative
  educational services, and such component district, as of April fifteenth
  of  the  current  year,  does not have a resident who is a member of the
  board of cooperative educational services of the supervisory district of
  which it is a component in the current  year,  such  component  district
  shall  be  eligible  to nominate candidates and vote in the annual board
  election of the boards of cooperative educational services to which  the
  component  district will be transferred, as if such transfer had already
  occurred.
    f. In the event  of  a  vacancy  in  the  membership  of  a  board  of
  cooperative  educational services which occurs prior to January first in
  any school year or during the period commencing five days prior  to  the
  date designated for submission of nominations of candidates to the board
  of  cooperative  educational  services and ending on the last day of the
  school year, a special election to fill such vacancy shall be  conducted
  in  accordance  with  the  provisions  of  paragraphs b, c and d of this
  subdivision on a date designated  by  the  president  of  the  board  of
  cooperative educational services not late than forty-five days after the
  date  the  vacancy occurred. In the event of a vacancy in the membership
  of a board of cooperative educational services which occurs on or  after
  January  first  and prior to the fifth day preceding the date designated
  for submission of nominations of candidates  the  board  of  cooperative
  educational services may fill such vacancy by appointment and the person
  so  appointed  shall  hold  office until the next annual election of the
  board of cooperative educational  services.  Notwithstanding  any  other
  provision of this subdivision, any vacancy which occurs on or after July
  first,  nineteen  hundred  ninety-three  and  prior  to  January  first,
  nineteen hundred ninety-four shall be filled by a  special  election  in
  accordance with paragraphs b, c and d of this subdivision.
    2-b.  Where the commissioner of education has established or hereafter
  establishes a board of cooperative educational services for the  purpose
  of  carrying out a program of shared educational services in the schools
  of two or more supervisory districts,  the  commissioner  may  by  order
  designate  the  number  of members of such board which shall not be less
  than five nor more than fifteen, or may by order increase the number  of
  members  of such board to a maximum of fifteen or decrease the number of
  members to a minimum of five. Except for elections conducted pursuant to
  subdivision two-a  of  this  section,  and  the  adoption  of  a  public
  resolution  regarding  the  approval  or  disapproval  of  the tentative
  administrative budget pursuant to subparagraph five of  paragraph  b  of
  subdivision  four  of this section, component districts having more than
  five board of education members shall be limited to five  votes  on  any

  matters relating to the district superintendency or board of cooperative
  educational services.
    Boards  of  education  and school trustees, shall elect the members of
  such board of cooperative educational services pursuant  to  subdivision
  two-a  of  this  section. A full term shall be three years to serve from
  July first next following election. It shall be the duty of such meeting
  by order of such meeting to divide into a sufficient number  of  classes
  the  terms  of  the  members  of  the  board  of cooperative educational
  services so that as nearly as possible an equal number of members  shall
  be  elected  to the board each year. Notwithstanding any other provision
  of this subdivision, upon the decrease of the full term of members  from
  five to three years, the board of cooperative educational services shall
  direct  that  one  or  more members be elected for a term of one, two or
  four years in order to assure, as nearly  as  possible,  that  an  equal
  number  of  members  will  be elected to the board each year. Members of
  boards of cooperative  educational  services  shall  be  reimbursed  for
  necessary expenses for attending meetings of such board. Where the board
  of  cooperative  educational  services comprises two or more supervisory
  districts, the district superintendents, together with the president  of
  the board of cooperative educational services, shall act as an executive
  committee.
    3.  The  boards of cooperative educational services in any two or more
  supervisory districts may cooperate in  the  provision  of  any  of  the
  services  authorized by subdivision four of this section. In such cases,
  the district superintendents of  the  respective  supervisory  districts
  shall  serve  as an executive committee to carry out the decision of the
  boards  of  cooperative  educational  services   in   their   respective
  districts.  Agreements  may  be  made  by such boards arranging for such
  cooperative services on such terms and conditions as may be agreed  upon
  and  providing  the  method  of  allocation  of  the  cost thereof. Such
  agreements may be made for  such  period  as  may  be  approved  by  the
  commissioner  but  not  to exceed ten years. The terms of such agreement
  shall be binding upon such boards and their component districts for  the
  period specified in such agreement.
    4.  The board of cooperative educational services shall have the power
  and duty to:
    a. (1) Appoint a district superintendent  of  schools  in  the  manner
  provided  in section twenty-two hundred four of this chapter, and in its
  discretion to provide for the payment of  supplementary  salary  to  the
  district superintendent of schools by the supervisory district. The term
  of   any   employment   contract   or   agreement   between  a  district
  superintendent and the board of cooperative educational services that is
  entered into  or  amended  on  or  after  the  effective  date  of  this
  subparagraph   shall  not  exceed  three  years.  Copies  of  employment
  contracts and amendments to such contracts entered into pursuant to this
  paragraph shall be filed with  the  commissioner  within  five  days  of
  execution.
    (2)  Notwithstanding  any  inconsistent  provision  of law in no event
  shall the total  salary  including  amounts  paid  pursuant  to  section
  twenty-two hundred nine of this chapter for district superintendents for
  each school year through the two thousand two--two thousand three school
  year  exceed ninety-eight percent of that earned by the commissioner for
  state fiscal year nineteen hundred ninety-two--ninety-three, and  in  no
  event  shall such total salary for a district superintendent for the two
  thousand three--two thousand four school year or any  subsequent  school
  year exceed: (i) one hundred six percent of the salary cap applicable in
  the  preceding  school year, or (ii) ninety-eight percent of that earned
  by the commissioner in the two thousand three--two thousand  four  state

  fiscal  year,  whichever  is  less.  In  no  event  shall  any  district
  superintendent be permitted to accumulate vacation or sick leave credits
  in excess of the vacation and sick leave credits managerial/confidential
  employees   of  the  state  are  permitted  to  accumulate  pursuant  to
  regulations promulgated by the state civil service commission,  nor  may
  any  district  superintendent  at the time of separation from service be
  compensated for accrued and unused vacation credits or  sick  leave,  or
  use  accrued  and  unused sick leave for retirement service credit or to
  pay for health insurance in retirement, at a rate in excess of the  rate
  permitted  to managerial/confidential employees of the state pursuant to
  regulations of the state civil service commission. In  addition  to  the
  payment  of  supplementary  salary,  a  board of cooperative educational
  services may provide for the payment of all or a portion of the cost  of
  insurance benefits for the district superintendent of schools, including
  but   not  limited  to  health  insurance,  disability  insurance,  life
  insurance or any other form  of  insurance  benefit  made  available  to
  managerial/confidential  employees  of the state; provided that any such
  payments for whole life, split dollar or other life  insurance  policies
  having  a  cash  value  shall  be  included  in  the total salary of the
  district superintendent for purposes of this subparagraph, and  provided
  further  that  any  payments  for  the  employee contribution, co-pay or
  uncovered medical expenses under a health insurance plan also  shall  be
  included   in   the   total   salary  of  the  district  superintendent.
  Notwithstanding any other provision of law, payments for such  insurance
  benefits  may  be based on the district superintendent's total salary or
  the amount of his or her supplementary salary  only.  Any  payments  for
  transportation  or  travel  expenses  in  excess  of  actual, documented
  expenses incurred  in  the  performance  of  duties  for  the  board  of
  cooperative  educational  services  or the state, and any other lump sum
  payment not specifically excluded from total  salary  pursuant  to  this
  subparagraph,  shall  be  included  in  the total salary of the district
  superintendent for purposes of this subparagraph. Nothing  herein  shall
  prohibit  a district superintendent from waiving any rights provided for
  in an existing contract or agreement as hereafter prohibited in favor of
  revised compensation or benefit provisions as permitted  herein.  In  no
  event  shall  the  terms  of  the  district  superintendent's  contract,
  including any provisions relating to an increase in salary, compensation
  or other benefits, be contingent upon  the  terms  of  any  contract  or
  collective   bargaining  agreement  between  the  board  of  cooperative
  educational  services  and  its  teachers  or   other   employees.   The
  commissioner  may  adopt regulations for the purpose of implementing the
  provisions of this paragraph.
    (3) Notwithstanding any provision of law to the contrary, any employee
  of a board of cooperative educational services who is appointed  as  the
  district  superintendent  of  schools  shall  vacate  his  or  her prior
  position  with  the  board  of  cooperative  educational  services  upon
  appointment  as  district superintendent, and no district superintendent
  shall have a contract  of  employment  with  the  board  of  cooperative
  educational  services  other  than  a  contract entered pursuant to this
  paragraph.
    b. (1) Prepare, prior to the annual meeting of members of  the  boards
  of  education  and  school  trustees, held as provided in paragraph o of
  this subdivision, a tentative budget of  expenditures  for  the  program
  costs,  a tentative budget for capital costs, and a tentative budget for
  the  administration  costs  of  the  board  of  cooperative  educational
  services.    Such  budgets  shall  include  the  proposed budget for the
  upcoming school year, the previous school year's actual  costs  and  the
  current  school  year's  projected costs for each object of expenditure.

  Such program, capital and administrative  budgets  shall  be  separately
  delineated  in  accordance  with  the definition of program, capital and
  administrative costs which shall  be  promulgated  by  the  commissioner
  after  consultation  with  school district officials and the director of
  the budget. Personal service costs for each  budget  shall  include  the
  number  of  full-time  equivalent positions funded and total salary and,
  except as noted herein, fringe  benefit  costs  for  such  positions  by
  program.  Each program budget shall also include the local and statewide
  unit costs of such programs  and  services  proposed  for  the  upcoming
  school  year,  such  actual unit costs for the previous school year, and
  the current school year's  projected  unit  costs,  all  established  in
  accordance  with  paragraph  d  of  this subdivision. The capital budget
  shall include facility construction and  lease  expenditures  authorized
  pursuant  to paragraphs p, t and u of this subdivision, payments for the
  repayment of indebtedness related to capital projects, payments for  the
  acquisition  or construction of facilities, sites or additions, provided
  that such budget shall contain  a  rental,  operations  and  maintenance
  section  that will include base rent costs, total rent costs, operations
  and maintenance charges, cost per square foot for each  facility  rented
  or leased by such board of cooperative educational services, and any and
  all  expenditures  associated  with  custodial  salaries  and  benefits,
  service contracts, supplies, utilities, maintenance and repairs for such
  facilities, and that such budget shall include the annual  debt  service
  and  total  debt  for  all  facilities financed by bonds or notes of the
  component districts, annual rental and lease payments and  total  rental
  and  lease  costs  for all facilities rented by such board; such capital
  budget shall also include expenditures resulting  from  court  judgments
  and  orders from administrative bodies or officers, and, to the extent a
  board's administrative budget has been adopted, one-time costs  incurred
  in  the  first  year  in  which  an employee retires. The administrative
  budget shall include, but need not be limited  to,  office  and  central
  administrative expenses, traveling expenses and salaries and benefits of
  supervisors  and  administrative  personnel  necessary  to carry out the
  central administrative duties of the supervisory district, any  and  all
  expenditures   associated   with  the  board,  the  office  of  district
  superintendent,  general  administration,  central   support   services,
  planning,  and  all other administrative activities. Such administrative
  budget shall  also  specify  the  amount  of  supplementary  salary  and
  benefits,  if  any,  which  the  board  determines should be paid to the
  district superintendent of schools and the board shall  append  to  such
  budget  a  detailed  statement  of the total compensation to be paid the
  district superintendent of schools by the board, including a delineation
  of the salary, annualized cost of benefits and any in-kind or other form
  of remuneration to be paid, plus, commencing with  the  presentation  of
  the  budget  for  the nineteen hundred ninety-seven--ninety-eight school
  year, a list of items of expense eligible for reimbursement  on  expense
  accounts  in  the  ensuing  school year and a statement of the amount of
  expenses paid to the district superintendent of  schools  in  the  prior
  year for purposes of carrying out his or her official duties.
    (2) The board of cooperative educational services shall provide copies
  of  such  tentative  budgets and attachments to the trustees or board of
  education of each component school district of the board of  cooperative
  educational  services at least ten days prior to the annual meeting held
  pursuant to paragraph o of this subdivision. Such trustees or boards  of
  education  shall  make  such budgets available to the residents of their
  respective school districts upon request.
    (3) The board of cooperative educational services  shall  comply  with
  any reasonable requests for additional information not contained in such

  budgets which may be requested prior to the annual meeting held pursuant
  to paragraph o of this subdivision.
    (4)  The  board  of cooperative educational services shall give public
  notice of the annual meeting  held  pursuant  to  paragraph  o  of  this
  subdivision  by  publishing a notice once each week within the two weeks
  preceding the annual meeting held as provided in  paragraph  o  of  this
  subdivision,  the  first publication to be at least fourteen days before
  such meeting, in two newspapers if there be two, or in one newspaper  if
  there  shall  be but one, having general circulation within the board of
  cooperative educational services. If no  newspaper  shall  have  general
  circulation  therein,  said notice shall be posted in at least twenty of
  the most public places in the board of cooperative educational  services
  at least fourteen days before such meeting. Such notice shall state that
  the  tentative  budgets  will  be  presented by the board of cooperative
  educational services to the trustees  or  board  of  education  of  each
  component  school  district  of  the  board  of  cooperative educational
  services in attendance at such meeting. Such notice shall also include a
  summary of the tentative administrative, capital and program budgets  in
  a form prescribed by the commissioner. The summary of the administrative
  budget  shall  include,  but  shall  not  be  limited to, the salary and
  benefits of supervisors and administrative personnel  of  the  board  of
  cooperative  educational  services and the total compensation payable to
  the district superintendent of schools. Such notice shall also  indicate
  when a copy of the tentative budgets will be available for inspection by
  the  public  during  regular  business  hours  at  one or more locations
  specified in the notice.
    (5) The trustees or  board  of  education  of  each  component  school
  district  of the board of cooperative educational services shall adopt a
  public resolution which  shall  approve  or  disapprove  such  tentative
  administrative  budget at a regular or special meeting to be held within
  the component district on the date designated  pursuant  to  subdivision
  two-a  of  this section as the date for election of members of the board
  of cooperative educational services, or in the  case  of  the  board  of
  education  of a central high school district on the regular business day
  next following such designated date.
    If the resolutions adopted by the trustees or boards of education of a
  majority of the component school districts of the board  of  cooperative
  educational    services    actually   voting   approve   the   tentative
  administrative budget, the board of cooperative educational services may
  adopt the tentative administrative budget  without  modification.  If  a
  majority of the component school districts actually voting fail to adopt
  resolutions  approving  such  tentative administrative budget, or if the
  number of component school districts approving  the  budget  equals  the
  number  of  school  districts  disapproving  the  budget,  the  board of
  cooperative educational services shall prepare and adopt  a  contingency
  administrative   budget  which  shall  not  exceed  the  amount  of  the
  administrative budget of the board of cooperative  educational  services
  for the previous school year except to accommodate expenditure increases
  attributable  to  supplemental retirement allowances payable pursuant to
  section  five  hundred  thirty-two   of   this   chapter   and   section
  seventy-eight of the retirement and social security law. For purposes of
  development     of     a     budget    for    the    nineteen    hundred
  ninety-four--ninety-five  school  year,  each   board   of   cooperative
  educational   services   shall   separate   its   program,  capital  and
  administrative costs for the nineteen hundred  ninety-three--ninety-four
  school  year  in  the  manner  prescribed by the commissioner, and shall
  submit the resulting separate administrative budget to the  commissioner
  for   approval.   Upon  approval  of  the  commissioner,  such  separate

  administrative budget shall be deemed the administrative budget  of  the
  board  of  cooperative  educational  services  for  the nineteen hundred
  ninety-three--ninety-four school year.
    (6) Notwithstanding any other provision of this section, any component
  school  district which will be transferred to a new supervisory district
  as of July first next succeeding the date designated for the vote on the
  tentative administrative budget shall vote on the administrative  budget
  of  the  board  of  cooperative educational services to which it will be
  transferred, as  if  such  transfer  had  already  occurred.  Where  the
  commissioner  has  issued  an  order  for  the  merger  of  two  or more
  supervisory districts to take effect on July first, in the  school  year
  immediately  preceding the merger, the boards of cooperative educational
  services to be merged shall jointly prepare  a  program,  administrative
  and  capital  budget  for  the  merged  board of cooperative educational
  services  and  shall  jointly  conduct   a   vote   on   the   tentative
  administrative  budget  of  the  merged board of cooperative educational
  services in accordance with this paragraph as if the merger was  already
  in  effect.  In  the  event  such  a merger does not take effect on July
  first, the commissioner shall be  authorized  to  order  the  boards  of
  cooperative  educational  services  to  be  merged  to  develop program,
  administrative and capital budgets and conduct a vote on  administrative
  budgets  in  the  manner  prescribed by this section on dates other than
  those specified in this section.
    (7) Each component  school  district  shall  transmit  the  resolution
  either  approving  or  disapproving the board of cooperative educational
  services' tentative administrative budget no later than one business day
  after  the  adoption  of  such  resolution.  The  board  of  cooperative
  educational  services  shall,  no  later  than the fifteenth day of May,
  adopt the final program, capital  and  administrative  budgets  for  the
  ensuing  year.  Except  as  provided in paragraph d of this subdivision,
  subparagraph (a) of paragraph p of this subdivision, and subdivision one
  of  section  nineteen  hundred   fifty-one   of   this   article,   such
  administrative  and  capital  budgets,  when so adopted, after deducting
  state aid applicable thereto, shall be  a  charge  against  all  of  the
  component   school  districts  in  the  supervisory  district  and  each
  component school district's proportionate share shall be  determined  by
  the  board  of  cooperative  educational  services according to weighted
  average daily attendance or according to true valuation or according  to
  resident  public school district enrollment as defined in paragraph n of
  subdivision one of section thirty-six hundred two of this chapter except
  that only one method shall be applied among the component districts of a
  board of cooperative educational services in any year, unless  otherwise
  provided  by  law.  In  a  merged  supervisory district in the county of
  Suffolk each component school district's  proportionate  share  of  such
  administrative  and  capital  budgets  may  be  determined  according to
  weighted average daily  attendance,  according  to  true  valuation,  or
  according  to  using the weighted average daily attendance for a certain
  percentage of the cost and true valuation for a  certain  percentage  of
  administrative  and  capital  costs. Such costs, in a merged supervisory
  district in the county of Suffolk, apportioned by using weighted average
  daily attendance and true valuation shall be subject  to  adjustment  by
  the  board  of  cooperative  educational  services in a manner that will
  minimize the annual change in costs for the greatest number of component
  districts. Such  percentages  shall  be  established  by  the  board  of
  cooperative  educational  services  upon  the  approval of the component
  districts subject to the final  approval  of  the  commissioner.  It  is
  further  provided  that such administrative budget approved by the board
  shall be subject to review by the commissioner  to  determine:  (i)  the

  level  of administrative savings achieved by the merger and (ii) if such
  administrative savings equals or exceeds the  level  identified  by  the
  merger  planning task force appointed by the district superintendent. If
  the  board  of cooperative educational services determines to change the
  method of apportioning administrative costs and  capital  expenses  from
  that  followed in the previous year, such determination may be made only
  if the board of cooperative educational services has conducted a hearing
  at a regular or special meeting of  such  board  which  all  members  of
  boards  of  education  and  school trustees have been invited to attend,
  such hearing to be held at least thirty days prior to the annual meeting
  of  members  of  boards  of  education  and  school  trustees.  In   the
  Putnam/North Westchester board of cooperative educational services, each
  component  district's  proportionate  share  of  such administrative and
  capital budgets may also be determined by  using  the  weighted  average
  daily  attendance  for a certain percentage and the true valuation for a
  certain percentage. Such  percentages  shall  be  applied  according  to
  clause (i) of this subparagraph.
    (i)  The  three methods of apportionment of administrative and capital
  expenses are as follows: (1) in accordance  with  the  ratio  which  the
  component  school  district's  total full or true valuation in effect at
  the time of the adoption of the budget bears to the total true  or  full
  valuation  of  all of the component school districts within the board of
  cooperative educational services, (2) by dividing the  total  amount  of
  such  administrative  and capital expenses by the total weighted average
  daily attendance of pupils residing in all  component  school  districts
  contained  within  the  board  of  cooperative  educational services and
  attending a public school and multiplying by the weighted average  daily
  attendance  of  such  resident  pupils  in  each of the component school
  districts, or (3) by dividing the total amount  of  such  administrative
  and  capital  expenses  by  the  total  resident  public school district
  enrollment of all component school districts contained within the  board
  of  cooperative  educational  services  and  multiplying by the resident
  public school district enrollment of the component school districts.  In
  addition,  in  a  merged  supervisory district in the county of Suffolk,
  where a combination of the first and second methods could be applied  as
  provided  in the opening paragraph of this subparagraph may be utilized.
  In  the  Putnam/North  Westchester  board  of  cooperative   educational
  services,  where  a  combination  of  the  first  and  second methods is
  utilized, the percentages shall be used as follows: for the two thousand
  five-two thousand six school year, ninety percent using  true  valuation
  and ten percent using the weighted average daily attendance; for the two
  thousand  six-two  thousand seven school year, eighty percent using true
  valuation  and  twenty  percent  using  the   weighted   average   daily
  attendance;  for  the two thousand seven-two thousand eight school year,
  seventy percent using  true  valuation  and  thirty  percent  using  the
  weighted  average  daily  attendance;  for  the  two  thousand eight-two
  thousand nine school year, sixty percent using true valuation and  forty
  percent  using  the  weighted  average daily attendance; and for the two
  thousand  nine-two  thousand  ten  school  year  and  any  school   year
  thereafter,  fifty  percent using true valuation and fifty percent using
  the weighted average daily attendance.
    (ii) If the board  of  cooperative  educational  services  chooses  to
  apportion administrative costs and capital expenses according to full or
  true valuation, special school districts authorized to receive state aid
  in  accordance  with  chapter  five  hundred  sixty-six  of  the laws of
  nineteen hundred sixty-seven, as amended, shall have  their  full  value
  for  purposes  of  this  section  computed  by  multiplying the resident
  weighted average daily attendance by the state  average  full  valuation

  per  pupil  as established by the commissioner for the year in which the
  budget is adopted. The  school  authorities  of  each  component  school
  district shall add such amount to the budget of such component districts
  and  shall  pay such amount to the treasurer of the board of cooperative
  educational services and shall be paid out by  the  treasurer  upon  the
  orders  of  the  board  of  cooperative  educational services issued and
  executed in pursuance of a resolution of said board.
    c. Make or cause  to  be  made  surveys  to  determine  the  need  for
  cooperative educational services in the supervisory district and present
  the findings of their surveys to local school authorities. Each board of
  cooperative  educational services shall prepare long range program plans
  to meet the projected need for such cooperative educational services  in
  the  supervisory district for the next five years as may be specified by
  the commissioner, and shall submit  such  plans  and  thereafter  annual
  revisions  of  such plans to the commissioner on or before the first day
  of December of each year,  except  that  special  education  and  career
  education  program plans, in a form specified by the commissioner, shall
  be submitted every two years, no later than the date  specified  by  the
  commissioner, and revised annually.
    d.  (1)  Aidable  shared  services. At the request of component school
  districts, and with the approval of the commissioner, provide any of the
  following  services  on  a  cooperative  basis:  school  nurse  teacher,
  attendance   supervisor,   supervisor  of  teachers,  dental  hygienist,
  psychologist,  teachers  of  art,  music,  physical  education,   career
  education  subjects,  guidance counsellors, operation of special classes
  for students with disabilities, as  such  term  is  defined  in  article
  eighty-nine  of  this chapter; pupil and financial accounting service by
  means of mechanical equipment; maintenance and operation of cafeteria or
  restaurant service for the use of pupils and teachers while  at  school,
  and  such other services as the commissioner may approve. Such cafeteria
  or restaurant service may be used by the community  for  school  related
  functions  and  activities and to furnish meals to the elderly residents
  of the district, sixty years of age or  older.  Utilization  by  elderly
  residents  or  school related groups shall be subject to the approval of
  the board of education. Charges shall be sufficient to bear  the  direct
  cost  of  preparation  and serving of such meals, exclusive of any other
  available reimbursements.
    (2) Certain services prohibited. Commencing with the nineteen  hundred
  ninety-seven--ninety-eight  school  year,  the commissioner shall not be
  authorized to approve as an aidable  shared  service  pursuant  to  this
  subdivision  any cooperative maintenance services or municipal services,
  including  but  not  limited  to,  lawn  mowing  services  and  heating,
  ventilation   or   air  conditioning  repair  or  maintenance  or  trash
  collection,  or  any  other  municipal  services  as  defined   by   the
  commissioner.  On  and  after  the effective date of this paragraph, the
  commissioner shall not approve, as an aidable shared  service,  any  new
  cooperative  maintenance  or municipal services for the nineteen hundred
  ninety-six--ninety-seven school year, provided that the commissioner may
  approve the continuation of such services for one year  if  provided  in
  the nineteen hundred ninety-five--ninety-six school year.
    (2-a)   Cost  effectiveness  of  instructional  and  non-instructional
  technology. Notwithstanding any other provision of this section  to  the
  contrary, expenditures incurred pursuant to purchase and/or installation
  contracts  entered into on or after January fifteenth, two thousand, for
  the  following  categories  of   instructional   and   non-instructional
  technology purchase and installation:
    (i) computer equipment,
    (ii) conduits,

    (iii) wiring,
    (iv) powering and testing of hardware installations,
    (v)  all costs associated with lease or purchase of local or wide area
  network hardware located on district property, and
    (vi) incidental  costs  for  original  purchase  and  installation  of
  hardware,  including  installation  of  basic operating systems software
  required for hardware testing,
  shall not be considered an aidable shared service unless  the  component
  school district is able to demonstrate that such shared service would be
  more  cost-effective  than  would otherwise be possible if such services
  were to be purchased without the involvement of a board  of  cooperative
  educational  services.  Any  aid  that  may  be  payable for such shared
  service pursuant to subdivision five of this section shall  be  excluded
  in  the  demonstration  and determination of cost-effectiveness and cost
  savings pursuant to  this  subdivision.  The  commissioner  shall  issue
  guidelines  to  advise component school districts in their determination
  of cost-effectiveness. Notwithstanding any other provision of law, if  a
  component   school   district  determines  that  any  instructional  and
  non-instructional technology purchase and installation from the board of
  cooperative educational services are not cost effective,  as  determined
  pursuant to this paragraph, the commissioner shall, upon request, assist
  the  school  district  to  enter  into  a  cooperative service agreement
  (CO-SER) with another BOCES, which is cost effective in the provision of
  such technology purchases and installations.
    (3) Requests for shared services;  operating  plan;  required  notice.
  Requests  for  such  shared  services shall be filed by component school
  districts with the board of cooperative educational services  not  later
  than the first day of February of each year, provided that such requests
  shall  not  be  binding upon the component school district. The board of
  cooperative  educational  services  shall  submit  its  proposed  annual
  operating  plan  for  the  ensuing  school  year  to  the department for
  approval not later than the fifteenth day of February of each year. Such
  board shall, through its executive officer, notify each component school
  district on or before the tenth day of  March  concerning  the  services
  which  have  been  approved by the commissioner to be made available for
  the ensuing school year. Such notice shall set forth the  local  uniform
  cost of each such service, based on (i) anticipated participation in the
  ensuing school year, or (ii) participation in the current year, or (iii)
  a two or three year average including participation in the current year,
  which  unit  cost  shall  be  the  same  for all participating component
  districts and  shall  be  based  upon  a  uniform  methodology  approved
  annually  by  at  least  three-quarters  of  the participating component
  school districts after consultation by local school officials with their
  respective boards; provided, however, such unit cost shall be subject to
  final adjustment for programs for students with  disabilities  based  on
  actual participation in accordance with regulations of the commissioner.
  Notwithstanding  the  determination  of  the  local  uniform  unit  cost
  methodology selected in accordance with this paragraph,  each  board  of
  cooperative education services shall annually report to the commissioner
  the budgeted unit cost and, when available, the actual unit cost of such
  programs  and  services,  in accordance with both the local uniform unit
  cost  methodology  and  a  statewide  uniform  unit   cost   methodology
  prescribed  by  the  commissioner  by  regulation,  where  the  budgeted
  statewide unit cost shall be based on the anticipated  participation  in
  the  ensuing  year  and the actual statewide unit cost shall be based on
  actual participation through the end of each year.
    (4) Contracts for shared services; allocation of costs. Each component
  school district shall on or before the first day of May  following  such

  notification notify the board of cooperative educational services of its
  intention  to  participate or not to participate in such shared services
  and the specific services which such district elects  to  utilize.  Each
  participating  component  school  district  shall be required to pay the
  board of cooperative educational services for the cost of  the  services
  set  forth  in  such  notification,  except  for  adjustments  caused by
  subsequent unanticipated changes in the district's enrollment. The board
  of cooperative educational services shall enter into contracts with  its
  component  school  districts for such requested services. A copy of each
  executed contract for such purpose shall be filed with the  commissioner
  by  the  board  of  cooperative  educational services on or prior to the
  first day of August of each  year.  Notwithstanding  the  provisions  of
  paragraph  b  of  this  subdivision, any component school district which
  does not elect to participate in any such specific cooperative  services
  authorized  under  this paragraph shall not be required to pay any share
  of the moneys provided in the budget as salaries of  teachers  or  other
  personnel employed in providing such service, for equipment and supplies
  for  such  service or for transportation of pupils to and from the place
  where such service is maintained. Provided, further,  that  a  board  of
  cooperative  educational services may allocate the cost of such services
  to component school districts  in  accordance  with  terms  agreed  upon
  between  such  board  and  three-quarters of the boards of education and
  trustees of local school districts participating in the service.
    (5) Operating plan and  budget;  unanticipated  shared  services.  The
  board   of   cooperative   educational  services  shall  submit  to  the
  commissioner on or before the first day of June an  operating  plan  and
  budget  based  upon  the request for services which it has received from
  its component  school  districts.  Such  submission  shall  include  the
  budgeted  unit cost of programs and services based on both the local and
  the statewide uniform unit  cost  methodologies  for  each  program  and
  service  offered  by  the  board  of cooperative educational services. A
  board of cooperative educational services which  receives  requests  for
  unanticipated  shared  services subsequent to the adoption of its budget
  shall submit an amended operating plan including such additional  shared
  services  to  the commissioner, together with a statement from the chief
  school administrator of each school district which  has  requested  such
  services  indicating  the  availability  of  funds  in the budget of the
  school district to pay for such district's share of  the  cost  of  such
  additional  services. Such amended plan shall be submitted in the manner
  and form prescribed by regulations of the  commissioner.  The  board  of
  cooperative  educational  services  shall allocate the cost of providing
  such additional shared services among  the  component  school  districts
  which  have  requested  such  services,  and  shall  contract  with  the
  component school districts for such services. A copy  of  each  contract
  for  this purpose shall be filed by the board of cooperative educational
  services with the commissioner  not  more  than  thirty  days  from  its
  execution.  An annual program report and evaluation for each school year
  as prescribed by the commissioner, shall be submitted by  the  board  of
  cooperative  educational  services  to the commissioner on or before the
  first day of September following such school year.
    e. Upon the recommendation of the district superintendent, employ such
  administrative assistants,  teachers,  supervisors,  clerical  help  and
  other personnel as may be necessary to carry out its program.
    f.  Receive  all  reimbursements  from  public funds on account of the
  cooperative educational services performed under its  jurisdiction,  and
  allocate  the  costs  of  cooperative  educational activities and shared
  services  including  administrative  and  clerical  costs  against   the
  component  school  districts  and  receive and disburse the same, and to

  apportion surpluses  and  assessments  for  services  on  the  basis  of
  participation  to those components and to those school districts outside
  the board of  cooperative  educational  services  contracting  for  such
  programs,  and to apportion surpluses and assessments for administrative
  expenses to all component districts. All such  apportionments  shall  be
  made annually.
    g.   Borrow  money  in  anticipation  of  revenue  due  the  board  of
  cooperative educational services.
    h. (1) Arrange cooperative educational services with and if  necessary
  make  contracts  covering  same  with  other  public agencies for shared
  services and to produce educational television materials  and  programs,
  and  to own or lease television facilities and to enter into appropriate
  contracts concerning the same.
    (2) To enter into contracts with the United  States  of  America,  the
  State  of  New  York,  any  school  district,  community college, public
  institution of  higher  education,  independent  institution  of  higher
  education  eligible for aid under section sixty-four hundred one of this
  chapter, or public agency in relation to the program  of  the  board  of
  cooperative   educational   services,  and  any  such  school  district,
  community college, institution of higher education, or public agency  is
  hereby  authorized  and  empowered  to  do  and perform any and all acts
  necessary or convenient in relation  to  the  performance  of  any  such
  contracts.
    (3)  To enter into contracts with school districts which are component
  districts in the board  of  cooperative  educational  services  for  the
  education by such component school district or districts of children who
  reside  within  the  board  of  cooperative  educational services in the
  program of the board of cooperative educational services,  and  for  all
  purposes  of  this  chapter  in such event such children shall be deemed
  attending classes maintained by the  board  of  cooperative  educational
  services. School districts are hereby authorized and empowered to do and
  perform  any  and  all  acts  necessary or convenient in relation to the
  performance of any such contracts.
    (4) To enter into contracts with nonpublic  schools  to  provide  data
  processing  service for pupil personnel records and other administrative
  records of the nonpublic schools.
    (5) To enter into contracts with the United  States  of  America,  the
  state  of  New  York,  any community college, agricultural and technical
  college or other public agency  for  the  purpose  of  providing  career
  education programs to such agencies. Any such proposed contract shall be
  subject  to  the  review  and approval of the commissioner, who may only
  approve such proposed contract when, in his opinion, such contract  will
  result  in  a  more economical utilization of existing career and career
  education resources than  would  be  achieved  were  such  contract  not
  approved.  The  commissioner  shall issue a finding in writing in making
  all determinations pursuant to this article.
    (6) To  enter  into  contracts  with  not-for-profit  corporations  to
  participate   in  federal  programs  relating  to  career  training  and
  experience. Any such proposed contract shall be subject  to  review  and
  approval  of  the  commissioner,  who may approve such proposed contract
  only when in his opinion such  contract  will  result  in  increased  or
  improved career opportunities. The commissioner shall issue a finding in
  writing in making all determinations pursuant to this subparagraph.
    (7)  To enter into contracts with the state of New York, any community
  college, agricultural and technical college, or public  agency  for  the
  purpose  of  providing  electronic  data  processing  services  to  such
  agencies. Any such proposed contract shall be subject to the review  and
  approval  of  the  commissioner,  who  may  only  approve  such proposed

  contract when, in his opinion, such contract will not disrupt the  level
  of  services provided to component school districts and will result in a
  more economical utilization of existing board of cooperative educational
  services  computer facilities. The commissioner shall issue a finding in
  writing in making all determinations pursuant to this subparagraph.
    i. Make such reports as are required by the commissioner of education.
    j. Appoint one of its members as president,  one  of  its  members  or
  another qualified voter in a district within the supervisory district as
  clerk  and  another qualified voter in a district within the supervisory
  district as treasurer. The duties of the clerk and  treasurer  shall  be
  the  same  as  those  established  by  statute  and  regulations  of the
  commissioner of education for clerks and treasurers of union free school
  districts.
    k. Designate  a  depositary  within  the  territorial  limits  of  any
  component  district  for  the deposit of money in the manner provided by
  section  ten  of  the  general  municipal  law.  The  receipt,  deposit,
  investment  and  disbursement  of  moneys,  and  all procedures relating
  thereto, including, but not limited to the requirements for  signatures,
  the appointment of a claims auditor to approve claims for purchases, and
  the  optional  use  of claim forms, and the establishment of an internal
  audit function, shall be subject to the  laws  relating  to  union  free
  school districts.
    m.  At  the  request  of  officials  of  school  districts, created by
  legislative  act,  within  the  territory  of  a  board  of  cooperative
  educational  services,  provide  services  as outlined in paragraph d of
  this subdivision. For such districts, there shall  be  apportioned  from
  state funds to the board of cooperative educational services a sum equal
  to  one-half  the  total  cost of the approved services provided to such
  school district.
    n. In those counties where taxes other than those on real property are
  applied to school purposes, the tax rate shall  be  deemed  to  be  that
  which  would  result  if  such  taxes  had  not  been  applied to school
  purposes.
    o. A meeting of members of the boards of education and school trustees
  of the component districts shall be held during the month of April on or
  before the fifteenth day of April, on a date and at  a  place  and  hour
  designated  by  the  president  of  the board of cooperative educational
  services. The tentative administrative capital and  program  budgets  of
  the  board  of  cooperative  educational services shall be available for
  inspection of the boards  of  education  and  school  trustees  at  such
  meeting.  Notice  of  the  date, time and place of such meeting shall be
  given to each of the members of the boards of education and trustees and
  to the clerk of each of the component school districts by mail addressed
  to the last known address of such persons at least fourteen  days  prior
  to the meeting.
    p. (a) To rent suitable land, classrooms, offices or buildings upon or
  in  which  to maintain and conduct such cooperative educational services
  and administrative offices for a period not to exceed ten years  and  to
  improve,  alter,  equip  and  furnish  such land, classrooms, offices or
  buildings in a suitable manner for such purposes  (1)  before  executing
  any  lease,  the  board  shall  adopt a resolution determining that such
  agreement is in the best financial interests of the supervisory district
  and stating the basis of that  determination;  (2)  the  rental  payment
  shall not be more than the fair market value as determined by the board;
  and  (3) upon the consent of the commissioner, renewal of such lease may
  be made for a period of up to ten years. Nothing contained herein  shall
  prevent  the  board  from entering into a lease agreement which provides
  for the cancellation of the same by such board upon: (i)  a  substantial

  increase  or  decrease in pupil enrollment; or (ii) a substantial change
  in the needs and requirements of  a  board  of  cooperative  educational
  services  with  respect  to  facilities; or (iii) any other change which
  substantially   affects   the  needs  or  requirements  of  a  board  of
  cooperative educational  services  or  the  community  in  which  it  is
  located.  No  lease  or  other  contract for the occupancy of such land,
  classrooms, offices or buildings shall be enforceable against the  board
  of cooperative educational services unless and until the same shall have
  been approved in writing by the commissioner.
    (b)  To  lease  unneeded  facilities  to  public  or private agencies,
  individuals, partnerships, or corporations, with  the  approval  of  the
  commissioner  of  education,  and  for  a term not to exceed five years,
  which shall be renewable  with  the  approval  of  the  commissioner  of
  education.
    q. To provide transportation for pupils to and from classes maintained
  by  such board of cooperative educational services at the request of one
  or more school districts. School districts  and  boards  of  cooperative
  educational  services are authorized to enter into contracts with one or
  more school districts, private contractors, and one or  more  boards  of
  cooperative  educational  services  and  any  municipal  corporation and
  authority  to  provide  such  transportation.  Boards   of   cooperative
  educational  services  may  operate  joint  or  regional  transportation
  systems for the transportation authorized by articles seventy-three  and
  eighty-nine of this chapter. Such transporation, except when provided by
  a  political subdivision or a board of cooperative educational services,
  shall be subject to the requirements of subdivision fourteen of  section
  three hundred five of the education law.
    r.  With the approval of the district superintendent of schools and of
  the commissioner of education to furnish any of the educational services
  provided for  in  this  section  or  any  other  section  of  law  which
  authorizes such board to provide services to school districts outside of
  the supervisory district, upon such terms as may be agreed upon pursuant
  to  contracts executed by such board of cooperative educational services
  and the trustees or boards of education of such school districts.
    s.  Provide  workmen's  compensation  coverage  as  provided  in   the
  workmen's  compensation  law  for  all  teachers and other employees for
  injuries incurred in actual performance of duty.
    t. When authorized by the qualified voters of the board,  to  purchase
  or  otherwise acquire buildings, sites or additions thereto, to purchase
  or otherwise acquire  real  property  for  any  lawful  purpose  and  to
  construct buildings thereon.
    u.  To  purchase necessary furniture, equipment, implements, apparatus
  and supplies.
    v. To accept gifts of real and personal property.
    w. To furnish any of the services provided for in this section or  any
  other  section of law which authorizes such board to provide services to
  school  districts  outside  of  the  board  of  cooperative  educational
  services,  with the approval of the commissioner of education and of the
  district superintendent of schools or superintendents of schools  having
  jurisdiction of such school districts for a period of not to exceed five
  years,  upon  such  terms  as  may  be agreed upon pursuant to contracts
  executed by the  board  of  cooperative  educational  services  and  the
  trustees or boards of education of such school districts.
    x.  To  sell,  when authorized by the qualified voters of the board of
  cooperative educational services, any real property the title  of  which
  is vested in the board of cooperative educational services and buildings
  thereon  and  appurtenances  or  any part thereof at such price and upon
  such terms as shall be prescribed in  such  resolution;  also,  when  so

  authorized,  to  exchange  real  property  belonging  to  the  board  of
  cooperative  educational  services  for  the  purpose  of  improving  or
  changing  school  sites.  The  proceeds of such sale shall be applied as
  provided by the resolution authorizing such sale.
    * y.  To  enter  into  agreements  for the lease of personal property.
  Before executing any such agreement, the board shall adopt a  resolution
  determining  that  such  agreement is in the best financial interests of
  the board of cooperative educational services,  which  resolution  shall
  state the basis for that determination. Such agreements shall be subject
  to  the  bidding requirements of the general municipal law. No agreement
  for the lease of personal property may be made for a term in  excess  of
  five  years,  beginning  with  the  time of receipt of possession of the
  subject of the lease.
    * NB There are 2 par. y's
    * y. Notwithstanding any other provision of this section and with  the
  consent  of  the  commissioner,  the  board  of  cooperative educational
  services of the county of Oswego  may  enter  into  contracts  with  the
  county  of  Oswego to provide transportation for handicapped children in
  the county of Oswego  to  and  from  any  facility  or  institution  for
  educating handicapped children within or without such county.
    * NB There are 2 par. y's
    z. To furnish, with the approval of the commissioner of education, for
  an  amount  not  less  than  the  cost thereof, any of the instructional
  support services provided to component school districts,  including  but
  not  limited  to  audio-visual  materials  and  related  media services,
  curricular materials, in-service education programs and pupil  personnel
  services for the diagnosis of handicapping conditions, to any nonpublic,
  not-for-profit  elementary  or secondary school in the state of New York
  which provides the instruction required by  section  thirty-two  hundred
  four  and  article  seventeen of this chapter, and which is chartered by
  the regents or registered with or subject to examination and  inspection
  by the state education department.
    aa. Notwithstanding any other provision of law, a board of cooperative
  educational  services  may,  with  the  prior  written  approval  of the
  commissioner, contract to  accept  from  a  leasing  company  which  has
  qualified  as  lowest  bidder  pursuant to the provisions of the general
  municipal law a sum sufficient to  purchase  data  processing  equipment
  from  the manufacturer thereof, pay such sum to the manufacturer of said
  equipment, receive the equipment and title thereto and convey  the  same
  to  the  leasing company with a simultaneous lease of the equipment from
  such leasing company to the board of  cooperative  educational  services
  for  a  specified  period  of  years. Before any such agreement shall be
  executed, the board of cooperative educational services  shall  adopt  a
  resolution  determining  that  such  agreement  is in the best financial
  interest of the board. Such lease may be renewed for a further specified
  period  of  years  with  the  prior  approval  of  the  commissioner  of
  education.
    bb.  Boards  of  cooperative educational services may provide academic
  and other programs and services in the  school  year  on  a  cooperative
  basis,  including  summer programs and services. (1) Requests to provide
  such programs and services shall be filed annually with the commissioner
  for approval.
    (2) The commissioner may approve such programs and  services  only  if
  they  (a)  are  requested by two or more component school districts; (b)
  will provide additional opportunities for pupils; (c) will  be  expected
  to  result  in  a  cost  savings  to  the  two  or more component school
  districts requesting the programs and services; (d) will provide greater
  opportunity for pupils, including those with handicapping conditions, to

  earn credit for academic subjects and (e) will insure a greater or  more
  appropriate  use  of  facilities  by  boards  of cooperative educational
  services.
    (3)  Such  programs and services may include, but shall not be limited
  to (a) expansion of itinerant teaching  services  in  advanced  academic
  subject  courses;  (b)  academic  course  offerings  at regular board of
  cooperative educational services centers or at leased sites  during  the
  school  year  or  summer  school  periods,  as  requested  by  component
  districts; (c) block scheduling to enable students to attend classes  at
  a  board of cooperative educational services center for an entire school
  day;   (d)   satellite   offerings   of   specific   concentrations   or
  specializations  sponsored by boards of cooperative educational services
  at local schools, with cross-contracting for services; (e) expanded  use
  of  interactive  television  and  other  technologies  to offer academic
  courses on site or at component school districts; and  (f)  programs  of
  academic  intervention services approved by the commissioner designed to
  fulfill the academic intervention services requirement  imposed  by  the
  regulations  of  the  commissioner,  provided  that  in  approving  such
  programs and services for the two thousand--two thousand one school year
  or thereafter, the commissioner shall assure that the program or service
  results in a cost savings to all participating  districts,  disregarding
  any aid pursuant to subdivision five of this section.
    (4)  Such  programs or services if approved by the commissioner, shall
  be eligible for aid pursuant to subdivision five of this section.
    (5) A teacher whose position in a school district is abolished as  the
  result  of  a  takeover  of  an academic program by a board or boards of
  cooperative educational services shall be accorded the  rights  provided
  by section thirty hundred fourteen-a of this chapter.
    (6) To implement a program or service approved under this paragraph, a
  school  district  may  transport  pupils  to  the  site  of  a  board of
  cooperative educational services program in those cases  where  a  pupil
  otherwise  would be entitled to transportation but for the fact that the
  program is at the board of cooperative educational services and not at a
  school of the district. Under these circumstances, for those purposes of
  article  seventy-three  of  this  chapter,  the  board  of   cooperative
  educational services site shall be considered a school.
    cc.  Upon  approval  by a vote of the board of cooperative educational
  services, establish and maintain a program of  reserves  not  to  exceed
  three  per centum of the annual budget of the district to cover property
  loss and liability claims.  Separate  funds  shall  be  established  for
  property  losses  and for liability claims, and the separate identity of
  each such fund shall be maintained whether its assets consist of cash or
  investments or both. The money in such  funds  shall  be  deposited  and
  secured  in  the manner provided by section ten of the general municipal
  law. The moneys so deposited shall be accounted for separate  and  apart
  from  all other funds of the district, in the same manner as provided in
  subdivision ten of section six-c  of  the  general  municipal  law.  The
  moneys  in  such funds may be invested in the manner provided by section
  eleven of the general municipal law. Any interest earned or capital gain
  realized on the money so deposited shall accrue and become part of  such
  funds.  Such reserve funds shall not be reduced to amounts less than the
  total of the amounts estimated to be necessary  to  cover  incurred  but
  unsettled  claims  or  suits  including expenses in connection therewith
  other than by payments for losses for which such  reserve  amounts  were
  established,  except  that  such  board  may authorize use of such funds
  other than amounts allocated for unsettled  claims  or  suits  including
  expenses  in connection therewith to pay premiums for insurance policies

  purchased to insure subsequent losses in areas previously  self-insured,
  in the event of dissolution of the self-insurance plan.
    dd.  Provide for activities and services pertaining to the arts at the
  request of one or more school districts. Such  activities  and  services
  shall  be  eligible  for  aid  and shall include, but not be limited to,
  programs with, and performances by, artists or organizations approved by
  the  commissioner  of  education.  Boards  of  cooperative   educational
  services  are authorized to enter into contracts with one or more school
  districts, or boards of cooperative educational services.
    ee. Upon approval by a vote of the board  of  cooperative  educational
  services  and  of  the  boards  of education of a majority of the school
  districts participating in the  instructional  program  of  such  board,
  establish  a  career  education instructional equipment reserve fund for
  the replacement and purchase of advanced technology  equipment  used  in
  instructional programs conducted by the board of cooperative educational
  services.   Subject  to  a  limitation  imposed  by  regulation  of  the
  commissioner on the amount of money which may be maintained in equipment
  reserve funds established pursuant to this paragraph,  moneys  for  such
  funds  shall  be  obtained  by  including  depreciation expenses for the
  career education instructional equipment used in providing instructional
  services on a cooperative basis in the computation of the cost  of  such
  services  pursuant to paragraph d of this subdivision. Proceeds from the
  sale  of  career  education  instructional   equipment   used   in   the
  instructional  programs  of  the  board  and  any income earned on money
  deposited in a reserve fund shall become part of such fund.  The  moneys
  in  such  funds shall be deposited and secured in the manner provided by
  section ten of the general municipal law. The moneys so deposited  shall
  be  accounted  for  separate  and  apart  from  all  other  funds of the
  district, in the same manner as provided in subdivision ten  of  section
  six-c  of  the  general  municipal  law. The moneys in such funds may be
  invested by the board of cooperative educational services in the  manner
  provided  by section eleven of the general municipal law. In the event a
  career education instructional equipment reserve fund is liquidated, the
  moneys  in  such  fund  shall  be  allocated  to  the  school  districts
  participating  in the instructional programs of the board of cooperative
  educational services in proportion to the value of the contributions  to
  the  fund  made  by  the  participating  districts. The commissioner may
  promulgate regulations pertaining, but not limited,  to  the  amount  of
  money  to  be retained in such reserve funds, the types of equipment for
  which depreciation expenses may be charged and  for  which  expenditures
  may  be  made  from  the  reserve  fund,  and  required documentation of
  transactions relating to such funds.
    ff. In its discretion, to purchase insurance against personal injuries
  incurred by an authorized participant in  a  school  volunteer  program,
  including  but  not limited to, those authorized participants who assist
  on school buses, school sponsored transportation to and from school,  or
  on  school sponsored field trips or any other school sponsored activity;
  provided, however, that the injuries were incurred while the  authorized
  participant  was  functioning  either  within  the  scope  of his or her
  authorized volunteer duties or under  the  direction  of  the  board  of
  education,  trustee,  or  board  of cooperative educational services, or
  both.
    gg. Notwithstanding any other provision of law, a board of cooperative
  educational services may provide training for employment to adults on  a
  space  available  basis,  with  consideration  given  to occupations and
  industries in demand, and establish reduced adult tuition rates for such
  training. For the purposes of this section, training for employment  for
  adults  shall  be  offered  through  state  approved  sequences or parts

  thereof  of  secondary  career   education   instruction.   Adults   may
  participate   in   such  instruction  and  be  awarded  certificates  of
  completion, but they may not earn credit based  on  their  participation
  towards a high school diploma. Pursuant to section forty-six hundred two
  of  this  chapter,  a  board  of  cooperative  educational  services may
  establish such reduced rates for participation of adults  provided  that
  participation  is  limited to assigned instructional staff and currently
  used facilities in scheduled secondary career  education  programs,  and
  provided  further  that such rates may not be less than fifty percent of
  the tuition rates charged to school districts for the  participation  of
  secondary   students   in  the  same  programs,  unless  waived  by  the
  commissioner  based  on  application  of  the   board   of   cooperative
  educational  services.  This  participation of adults at reduced tuition
  rates shall be in accordance with terms agreed  upon  by  the  board  of
  cooperative  educational  services  and  the  component school districts
  receiving such services but in  no  case  shall  such  rates  result  in
  extraordinary  costs assigned to such component school districts. Boards
  of cooperative educational  services  which  provide  such  training  to
  adults  shall  submit  to the commissioner annually a report which shall
  include but not be limited to the  number  of  adults  served,  referral
  source, training sequences or parts thereof taken by adult participants,
  the  tuition  rates  charged  to  them,  and the gross revenues realized
  therefrom. For the purpose of this paragraph,  "adult"  shall  mean  any
  person  under  the  age  of  twenty-one  who  has received a high school
  diploma or any person twenty-one years of age or older, whether  or  not
  they have received a high school diploma.
    hh.  Provide  for  activities and services pertaining to environmental
  education at  the  request  of  more  than  one  school  district.  Such
  activities  and  services  each  of  which  shall not exceed three weeks
  duration to be eligible for aid and  shall  include  programs  with  and
  performances   by  individuals  or  organizations  with  special  skills
  essential to the activity or service, but not appropriate to  full  time
  boards  of cooperative educational services staff. Boards of cooperative
  educational  services  are  authorized  to  enter  into  contracts  with
  individuals,  public  agencies, and not-for-profit corporations to carry
  out the provisions of this paragraph, subject to  the  approval  of  the
  commissioner.
    ii.  Enter  into  agreements  with  one  or more financing agencies to
  provide for the acceptance by such board of credit cards as a  means  of
  payment  of  course  fees  or  tuition  when  required for instructional
  programs offered by such board of cooperative educational services.  Any
  such agreement shall govern the terms and conditions upon which a credit
  card  proffered  as  a means of payment of such fees or tuition shall be
  accepted or declined and the manner in and  conditions  upon  which  the
  financing  agency  shall  pay  to  such board the amount of such fees or
  tuition paid by means of a credit card pursuant to such  agreement.  Any
  such  agreement  may  provide  for  the  payment  by  such board to such
  financing agency of fees for the services  provided  by  such  financing
  agency.  For  purposes of this paragraph, the following terms shall have
  the following meanings:
    (1) "Credit card" means any credit card, credit plate,  charge  plate,
  courtesy  card, debit card or other identification card or device issued
  by a person to another person which may be used to obtain a cash advance
  or a loan or credit or to purchase a lease property or services  on  the
  credit  of the person issuing the credit card or a person who has agreed
  with the issuer to pay obligations arising from the use of a credit card
  issued to another person.

    (2) "Financing agency" means any agency defined as such in subdivision
  eighteen of section four hundred one of the personal property law;
    (3)  "Person"  means  an  individual,  partnership, corporation or any
  other legal or commercial entity.
    jj. To contract to furnish any of the services provided  for  in  this
  section  to  component  school  districts  of  the  board of cooperative
  educational services, with the  approval  of  the  commissioner,  for  a
  period  not  to exceed five years, upon such terms as may be agreed upon
  pursuant  to  such  contracts  executed  by  the  board  of  cooperative
  educational  services  and  the  trustees or boards of education of such
  school districts, provided that any such contract entered into, extended
  or amended on or after July first, nineteen hundred ninety-six shall  be
  consistent  with the requirements of paragraph d of this subdivision and
  subdivision one of section nineteen hundred fifty-one  of  this  article
  regarding  the  allocation  of costs to component school districts based
  upon the local uniform unit cost of each such service.
    kk. For the nineteen hundred  ninety-seven--ninety-eight  school  year
  and  thereafter,  the  board of cooperative educational services (BOCES)
  shall prepare a BOCES  report  card,  pursuant  to  regulations  of  the
  commissioner, and shall make it publicly available by transmitting it to
  local  newspapers  of general circulation, appending it to copies of the
  proposed administrative budget made publicly available  as  required  by
  law,  making  it  available  for distribution at the annual meeting, and
  otherwise disseminating it as required by the commissioner. Such  report
  card  shall include measures of the academic performance of the board of
  cooperative educational services, on a school by school  or  program  by
  program basis, and measures of the fiscal performance of the supervisory
  district,  as prescribed by the commissioner. Pursuant to regulations of
  the commissioner, the report card shall also compare these  measures  to
  statewide  averages  for all boards of cooperative educational services.
  Such report card shall include, at a minimum,  any  information  of  the
  board  of  cooperative  educational services regarding pupil performance
  and expenditure per pupil required to be included in the  annual  report
  by  the  regents to the governor and the legislature pursuant to section
  two hundred  fifteen-a  of  this  chapter;  and  any  other  information
  required by the commissioner.
    * ll.  a.  Shall  require,  for  purposes of a criminal history record
  check, the fingerprinting  of  all  prospective  employees  pursuant  to
  section  three  thousand  thirty-five  of  this chapter, who do not hold
  valid clearance pursuant to such section or pursuant  to  section  three
  thousand  four-b  of  this  chapter  or  section five hundred nine-cc or
  twelve hundred twenty-nine-d of the vehicle and traffic  law.  Prior  to
  initiating  the  fingerprinting  process, the prospective employer shall
  furnish the applicant with  the  form  described  in  paragraph  (c)  of
  subdivision  thirty  of  section  three hundred five of this chapter and
  shall obtain the applicant's consent to  the  criminal  history  records
  search. Every set of fingerprints taken pursuant to this paragraph shall
  be  promptly submitted to the commissioner for purposes of clearance for
  employment.
    b. Upon the recommendation of the district superintendent,  the  board
  may   conditionally  appoint  a  prospective  employee.  A  request  for
  conditional clearance shall be forwarded to the commissioner along  with
  the  prospective  employee's fingerprints, as required by paragraph a of
  this subdivision. Such appointment shall not commence until notification
  by the commissioner that the prospective employee has been conditionally
  cleared for employment and shall terminate forty-five  days  after  such
  notification  of  conditional clearance or when the prospective employer
  is notified of a determination by the  commissioner  to  grant  or  deny

  clearance,  whichever occurs earlier, and may not be extended or renewed
  unless the commissioner issues a new conditional clearance after finding
  that there was good cause for failing to obtain  clearance  within  such
  period,  provided  that  if  clearance is granted, the appointment shall
  continue  and  the  conditional  status  shall  be  removed.  Prior   to
  commencement  of  such conditional appointment, the prospective employer
  shall obtain a signed statement for  conditional  appointment  from  the
  prospective  employee,  indicating  whether,  to  the best of his or her
  knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
  conviction in any jurisdiction outside the state.
    c.  Upon  the recommendation of the district superintendent, the board
  may  make  an  emergency  conditional  appointment  when  an  unforeseen
  emergency  vacancy  has  occurred.  When  such  appointment is made, the
  process for conditional appointment pursuant  to  paragraph  b  of  this
  subdivision  must  also  be initiated. Emergency conditional appointment
  may commence prior to notification from the commissioner on  conditional
  clearance  but  shall  terminate twenty business days from the date such
  appointment commences or when the prospective employer  is  notified  by
  the  commissioner  regarding  conditional  clearance,  whichever  occurs
  earlier,  provided  that  if  conditional  clearance  is  granted,   the
  appointment  shall  continue  as a conditional appointment. Prior to the
  commencement of such appointment, the prospective employer must obtain a
  signed  statement  for  emergency  conditional  appointment   from   the
  prospective  employee,  indicating  whether,  to  the best of his or her
  knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
  conviction in any jurisdiction. An unforeseen emergency vacancy shall be
  defined  as:  (i)  a  vacancy  that occurred less than ten business days
  before the start of any school  session,  including  summer  school,  or
  during  any  school session, including summer school, without sufficient
  notice to allow for clearance or conditional  clearance;  (ii)  when  no
  other qualified person is available to fill the vacancy temporarily; and
  (iii)  when  emergency  conditional appointment is necessary to maintain
  services which the district is legally required to provide  or  services
  necessary  to  protect  the  health,  education or safety of students or
  staff. The provisions of subparagraph (i) of this  paragraph  shall  not
  apply  if  the board finds that the district has been unable to fill the
  vacancy despite good faith efforts to fill  such  vacancy  in  a  manner
  which  would  have  allowed sufficient time for clearance or conditional
  clearance.
    d. Shall develop a policy for the safety  of  the  children  who  have
  contact  with  an  employee holding conditional appointment or emergency
  conditional appointment.
    * NB Effective until July 1, 2010
    * ll. Shall require, for purposes of a criminal history record  check,
  the  fingerprinting  of  all  prospective  employees pursuant to section
  three thousand thirty-five of  this  chapter,  who  do  not  hold  valid
  clearance pursuant to such section or pursuant to section three thousand
  four-b of this chapter or section five hundred nine-cc or twelve hundred
  twenty-nine-d  of  the  vehicle and traffic law. Prior to initiating the
  fingerprinting process,  the  prospective  employer  shall  furnish  the
  applicant with the form described in paragraph (c) of subdivision thirty
  of  section  three  hundred  five  of  this chapter and shall obtain the
  applicant's consent to the criminal history records search. Every set of
  fingerprints  taken  pursuant  to  this  paragraph  shall  be   promptly
  submitted to the commissioner for purposes of clearance for employment.
    * NB Effective July 1, 2010

    mm.  Shall  upon  commencement  and  termination  of  employment of an
  employee by the board, provide the commissioner with  the  name  of  and
  position held by such employee.
    * nn. Notwithstanding any other provision of this section and with the
  consent  of  the  commissioner,  the Madison-Oneida board of cooperative
  educational services may enter into  a  contract  or  contracts  not  to
  exceed  a  total  period  of  two years with the Madison Cortland ARC to
  provide transportation maintenance and repair services  on  buses  owned
  and  operated  by  the Madison Cortland ARC. The Madison-Oneida board of
  cooperative educational services shall not charge any portion  of  costs
  incurred pursuant to this paragraph to its component school districts.
    * NB Repealed July 26, 2011
    4-a.  The  board  of  cooperative educational services shall develop a
  plan to ensure that all  instructional  materials  to  be  used  in  the
  programs  of the board of cooperative educational services are available
  in a usable alternative format for each student with  a  disability,  as
  defined  in section forty-four hundred one of this chapter, and for each
  student who is a qualified individual with a disability  as  defined  in
  the  rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701)
  as amended, in accordance with his or her educational needs  and  course
  selection,  at  the  same  time  as  such  instructional  materials  are
  available to non-disabled students. As part of such plan, the  board  of
  cooperative educational services shall amend its procurement policies to
  give  a preference in the purchase of instructional materials to vendors
  who agree to provide materials in alternative formats. For  purposes  of
  this  subdivision,  "alternative format" shall mean any medium or format
  for  the  presentation  of  instructional  materials,   other   than   a
  traditional  print  textbook,  that  is needed as an accommodation for a
  disabled student enrolled in a  program  of  the  board  of  cooperative
  educational services, including but not limited to Braille, large print,
  open  and  closed captioned, audio, or an electronic file in an approved
  format, as defined in the  regulations  of  the  commissioner.  When  an
  electronic  file is provided, the plan shall specify how the format will
  be accessed by students and/or how the  district  shall  convert  to  an
  accessible  format.  Such  plan  shall  identify  the  needs of students
  enrolled in a program of the board of cooperative  educational  services
  for  alternative format materials. Such plan shall also specify ordering
  timelines to ensure that alternative format materials are  available  at
  the  same  time  as  regular  format materials. Such plans shall include
  procedures to address the need to obtain materials in alternative format
  without delay for disabled students who enroll in a program of  a  board
  of cooperative educational services during the school year.
    5. a. Upon application by a board of cooperative educational services,
  there  shall  be  apportioned and paid from state funds to each board of
  cooperative educational services an amount which shall be the product of
  the approved cost of services actually incurred  during  the  base  year
  multiplied by the sharing ratio for cooperative educational services aid
  which  shall  equal the greater of: (i) an amount equal to one minus the
  quotient expressed as a decimal to  three  places  without  rounding  of
  eight  mills divided by the tax rate of the local district computed upon
  the actual valuation of taxable  property,  as  determined  pursuant  to
  subdivision  one  of  section thirty-six hundred two of this chapter and
  notwithstanding section three thousand six hundred three,  expressed  in
  mills  to the nearest tenth as determined by the commissioner, provided,
  however, that where services are provided to a school district which  is
  included  within  a  central  high  school district or to a central high
  school  district,  such  amount  shall  equal  one  minus  the  quotient
  expressed  as  a decimal to three places without rounding of three mills

  divided by the tax rates, expressed in mills to the  nearest  tenth,  of
  such  districts, as determined by the commissioner or (ii) the aid ratio
  of each school district for  the  current  year,  which  shall  be  such
  component  school  district's  board of cooperative educational services
  aid ratio and which shall be not less than thirty-six percent  converted
  to  decimals  and  shall  be  not  more than ninety percent converted to
  decimals. For the purposes of this paragraph, the tax rate of the  local
  district computed upon the actual valuation of taxable property shall be
  the  sum  of  the  amount  of tax raised by the school district plus any
  payments in lieu of taxes received by the school  district  pursuant  to
  section  four  hundred eighty-five of the real property tax law, divided
  by the actual valuation of the school district, provided,  however  that
  the  tax rate for a central high school district shall be the sum of the
  amount of tax raised by the  common  and  union  free  school  districts
  included  within the central high school district for the support of the
  central high school district plus any payments in lieu of taxes received
  for the support of the central high school district pursuant to  section
  four  hundred  eighty-five  of the real property tax law, divided by the
  actual valuation of the central high school district. The tax  rate  for
  each  common  or  union  free school district which is included within a
  central high school district shall be the sum of the amount  raised  for
  the  support  of  such  common  or  union  free school district plus any
  payments in lieu of  taxes  received  for  the  support  of  the  school
  district  pursuant  to  section  four  hundred  eighty-five  of the real
  property tax law, exclusive of the amount raised for  the  central  high
  school district, divided by the actual valuation of such common or union
  free school district.
    b.  The  cost  of  services  herein  referred  to  shall be the amount
  allocated to each component school district by the board of  cooperative
  educational  services to defray expenses of such board, except that that
  part of the salary paid any teacher, supervisor or other employee of the
  board of cooperative educational services which is in excess  of  thirty
  thousand  dollars shall not be such an approved expense, and except also
  that administrative and clerical expenses shall not exceed  ten  percent
  of  the  total  expenses  for  purposes  of this computation. Any gifts,
  donations or interest earned by the  board  of  cooperative  educational
  services  or  on behalf of the board of cooperative educational services
  by the dormitory authority or any other source shall not be deducted  in
  determining  the  cost  of  services  allocated to each component school
  district. The  expense  of  transportation  provided  by  the  board  of
  cooperative  educational services pursuant to paragraph q of subdivision
  four of this section shall be eligible for aid apportioned  pursuant  to
  subdivision  seven of section thirty-six hundred two of this chapter and
  no board of  cooperative  educational  services  transportation  expense
  shall  be  an approved cost of services for the computation of aid under
  this subdivision. Transportation expense  pursuant  to  paragraph  q  of
  subdivision four of this section shall be included in the computation of
  the ten percent limitation on administrative and clerical expenses.
    c.  The  "tax  rate" as herein referred to shall not include a special
  tax levied for debt service in an existing district of a central  school
  district or a consolidated district.
    d.  Nothing  in  this  act shall prevent school districts or boards of
  cooperative educational services with the approval of  the  commissioner
  of  education  from providing cooperative educational services for which
  no application for state aid is to be made.
    e. Any aid apportioned in accordance with section two hundred thirteen
  of the education law to a board of cooperative educational  services  in
  connection  with  the production of educational television materials and

  programs,  or  the  acquisition  by  purchase,  lease  or  otherwise  of
  television  facilities  or  operational expenses in connection therewith
  shall not be utilized in connection with computing the apportionment  to
  such  board  of cooperative educational services. Any aid apportioned or
  paid by the state to a board of  cooperative  educational  services  for
  experimental  or  special  programs  shall not be utilized in connection
  with  computing  the  apportionment  to  such   board   of   cooperative
  educational services.
    f.  The  sum  of  the  amounts  determined  for  each component school
  district as the apportionment to the board  of  cooperative  educational
  services  pursuant  to  the provisions of this section shall not be less
  than the amount which would have been apportioned  during  the  nineteen
  hundred  sixty-seven--sixty-eight  school  year  under the provisions of
  this subdivision as in effect on December thirty-first, nineteen hundred
  sixty-six to the board of cooperative educational services of which  the
  district  was  a component member for which such apportionment was made,
  except that such minimum apportionment shall be reduced in any  year  in
  which   the   expenditures  of  the  component  district  for  board  of
  cooperative educational purposes fall below the expenditure on which the
  nineteen hundred sixty-seven--sixty-eight apportionment to the board  of
  cooperative educational services was based, such reduction to be made on
  a proportionate basis.
    g. Any payment required by a board of cooperative educational services
  to  the  dormitory  authority  or  any  payment  required  by a board of
  cooperative educational  services  to  acquire  or  construct  a  school
  facility  of  the  board  of  cooperative  educational services, and any
  payments for rental of facilities by a board of cooperative  educational
  services  shall,  for  the purposes of apportionment of public moneys to
  the board of cooperative educational services by the state of New  York,
  be  deemed  to be an administrative or capital expense, as designated by
  the commissioner, but  the  entire  amount  of  such  payment  shall  be
  utilized  in making such apportionment and the limitation of ten percent
  of the total  expenses  contained  in  this  subdivision  shall  not  be
  applicable.  Any  expense  designated  by  the commissioner as a capital
  expense shall be  included  in  the  capital  budget  of  the  board  of
  cooperative  educational  services  and, except as otherwise provided in
  this paragraph, shall be aided in the same manner as  an  administrative
  expense.  Any  such  payment  shall  not be considered part of the total
  expenses of the board for purposes of determining the administrative and
  clerical expenses not to exceed ten percent otherwise eligible  for  aid
  under  this  subdivision,  and such payments shall be considered for the
  purpose of apportionment during the current school year such payment  is
  made.  The  apportionment  for  such  payments  shall  be  determined by
  multiplying the amount of  such  payment  allocated  to  each  component
  school  district in the board of cooperative educational services by the
  aid ratio, and shall be  not  more  than  ninety  percent  converted  to
  decimals,  of each such component computed pursuant to subdivision three
  of section thirty-six hundred two and used  to  apportion  aid  to  that
  district   in   that   current   school  year;  provided,  however,  the
  apportionment  for  the   construction,   acquisition,   reconstruction,
  rehabilitation,  or  improvement  of  board  of  cooperative educational
  services facilities, including payments to the dormitory  authority  and
  payments  under any lease agreement, shall be based upon the cost of the
  board of cooperative educational services school facilities but  not  to
  exceed  the  cost  allowance  set  forth  in  subdivision six of section
  thirty-six hundred two of the education  law  and  payments  for  rental
  facilities shall be subject to the approval of the commissioner.

    h.  Each board of cooperative educational services receiving a payment
  pursuant to paragraph a  of  this  subdivision  and  section  thirty-six
  hundred  nine-d of this chapter shall be required to set aside from such
  payment an amount not  less  than  the  amount  of  state  aid  received
  pursuant  to  paragraph  a of this subdivision in the base year that was
  attributable to cooperative services  agreements  (CO-SERs)  for  career
  education,  as  determined by the commissioner, and shall be required to
  use such amount to support career  education  programs  in  the  current
  year.
    5-a.  Financial  assistance for school districts first joining a board
  of cooperative educational services (BOCES). a. Eligibility. Any  school
  district  first joining a BOCES on or after July first, nineteen hundred
  ninety-five and prior to  July  second,  nineteen  hundred  ninety-seven
  shall  be eligible to apply to the commissioner for financial assistance
  pursuant to the provisions of this subdivision and subdivision  five  of
  this section.
    b.  Financial  assistance. Financial assistance shall mean an interest
  free loan available upon application in the current year which shall not
  exceed the product of (i) the applicable percent defined in paragraph  c
  of  this  subdivision  and  (ii)  the  sum  of  the  local share and any
  repayment due for the prior year loan. Such local share shall equal  the
  positive  remainder resulting when aid payable on behalf of the district
  in the current year pursuant to subdivision  five  of  this  section  is
  subtracted  from  the  district's  BOCES  expenses which are or would be
  aidable  in  the  current  year  or  the  next  year  pursuant  to  such
  subdivision  five.  The annual application for such a loan shall be in a
  form prescribed by the commissioner and shall accompany  the  submission
  of  the final set of state aid forms required of the BOCES each year and
  shall be certified by the district  superintendent  of  the  BOCES.  The
  amount  of  the loan in any year shall be determined by the commissioner
  and the payment and repayment of the loan shall be  in  accordance  with
  the provisions of paragraph d of this subdivision.
    c.  Applicable  percent. The applicable percent shall be determined by
  the number of years that an  eligible  district  has  been  a  component
  district  of  a BOCES. In the first year, such percent shall be equal to
  the district's BOCES and building aid ratio for aid payable in the first
  year in which the district joins the BOCES, each year  thereafter,  such
  percent  shall  be  reduced by ten percent until such percent would drop
  below ten percent at which time it shall be deemed to be zero.
    d. Payment and repayment. Notwithstanding any inconsistent  provisions
  of  section  thirty-six hundred nine-a of this chapter, the loan amounts
  determined  by  the  commissioner  pursuant  to  paragraph  b  of   this
  subdivision  shall be paid to each eligible school district on or before
  June fifteenth, commencing with the first year of eligibility, but  only
  to the extent that the repayment of the base year loan has been secured.
  Notwithstanding any inconsistent provision of law, the state comptroller
  shall  deduct  the amount of any base year loan from any monies due such
  school district in March of the current year. Should the amount  of  any
  monies  due  such  school district in March be insufficient to repay the
  total amount of the base year loan to the  school  district,  the  state
  comptroller shall deduct any balance due the state from any other monies
  payable to such district. Should the total amount of monies due to or on
  behalf of such school district be insufficient to repay the total amount
  of  the  base  year  loan determined in paragraph b of this subdivision,
  such school district shall make a direct payment  to  the  state  before
  March  first  of  the current year and such payment shall be credited to
  the general fund local assistance account of the department.

    6. The board of cooperative educational services is hereby  created  a
  body  corporate. All property which is now vested in, or shall hereafter
  be transferred to the board of cooperative educational  services,  shall
  be held by them as a corporation.
    7.  In  the  event  that  two or more entire supervisory districts for
  which boards of cooperative educational services have  been  established
  shall  become  a  single  supervisory  district  by the redistricting of
  supervisory districts pursuant to section twenty-two hundred one of this
  chapter, the boards  of  cooperative  educational  services  theretofore
  established  shall  nevertheless  remain in existence until August first
  next following such redistricting for the purpose of  carrying  out  the
  programs  for  the current school year. For all other purposes, from and
  after  the  effective  date  of  such  redistricting  such   boards   of
  cooperative  educational  services  shall  constitute  a single board of
  cooperative educational services for the supervisory  district  as  then
  constituted in the same manner as though such board had been established
  for  such  supervisory  district  pursuant  to  subdivision  one of this
  section, and shall have all of the powers  and  duties  of  such  boards
  under  this  chapter. The members of such boards shall continue to serve
  until the expiration of the terms of office for which they were elected.
  No election shall be held to fill vacancies on such board as  the  terms
  of  members  expire  until  such date as the terms of sufficient members
  have expired to cause the membership of such board to be not  less  than
  five  nor  more than fifteen, such number to be determined at the annual
  meeting of the trustees and members  of  boards  of  education  of  such
  supervisory   district  held  in  the  month  of  April  following  such
  redistricting.  Thereafter  members  of  such  board  shall  be  elected
  annually   to   fill   vacancies   occurring   by  expiration  of  term.
  Notwithstanding any other provision  of  law,  a  board  of  cooperative
  educational  services  may  fill  a  vacancy on such board at the annual
  board election immediately following such annual meeting and may  accept
  nominations   pursuant   to   subdivision   two-a  of  this  section  in
  anticipation that one or more vacancies  will  exist  once  such  annual
  meeting  so  establishes  the  number  of  the  membership of the board,
  provided that the election ballot shall state that nominations have been
  accepted in anticipation of possible vacancies and that the clerk of the
  board of cooperative educational  services  will  advise  the  component
  boards in writing of the actual number of vacant offices to be filled at
  the  election,  if  any, no later than one business day after the annual
  meeting. Should such  a  supervisory  district  for  which  a  board  of
  cooperative  educational services has been established be divided by the
  commissioner  in  the  redistricting  thereof,  on  August  first   next
  following  such  redistricting, after paying all outstanding obligations
  of such board, any balance of funds remaining in the  treasury  of  such
  board shall be allocated to the credit of the component school districts
  in  accordance with the ratio which the proportion of the cost allocated
  to each component school district bears to the total cost of services of
  such board of cooperative educational  services  during  the  last  full
  school  year  of its operation. In the event that a board of cooperative
  educational services shall have been  established  for  the  supervisory
  district  of which such component district is then a part, the amount of
  such balance allocated to such district shall be paid to  the  board  of
  cooperative   educational  services  established  for  such  supervisory
  district and any member of the board of cooperative educational services
  for such divided district who resides in the  territory  so  transferred
  shall on and after the date of such redistricting become a member of the
  board of cooperative educational services of the supervisory district to
  which  the  school  district  in  which  he  or  she  resides  has  been

  transferred and shall serve as such member until the expiration  of  the
  term  of office for which he or she was elected. In the event that there
  is no board  of  cooperative  educational  services  for  any  component
  district  the amount of such balance allocated to such district shall be
  paid to the treasurer of such district. In  such  event  the  state  aid
  authorized  by  subdivision  five  of  this section for the last year of
  operation of such board of cooperative  educational  services  shall  be
  distributed to the component school districts in the amounts which would
  have accrued to such board of cooperative educational services by reason
  of their participation.
    8.  Notwithstanding  any  other  provision  of  this chapter, with the
  approval of the commissioner of education, at the request of  boards  of
  education  of  union  free  school districts having a population of four
  thousand five hundred or more and employing a superintendent of schools,
  where such school districts lie within towns included in the supervisory
  district or supervisory districts comprising the territory served  by  a
  board  of  cooperative  educational  services,  such  union  free school
  districts may upon the consent of the board of  cooperative  educational
  services  be  included  as  component districts for the purposes of this
  section and shall have  all  of  the  rights  and  obligations  of  such
  component  districts  under  this  section.  Notwithstanding  any  other
  provision of this chapter, and with the  consent  of  the  commissioner,
  likewise,  at  the  request of the board of education of any city school
  district, having a population  of  less  than  one  hundred  twenty-five
  thousand inhabitants, such city school district may, upon the consent of
  the  board  of  cooperative  educational  services,  be  included  as  a
  component district for the purpose of this section and  shall  have  all
  the  rights  and  obligations  of  such  component  districts under this
  section.
    8-a. Notwithstanding any other provision of this section and with  the
  consent  of  the  commissioner,  the city school district of the city of
  Syracuse may, upon consent  of  the  board  of  cooperative  educational
  services  for  the  sole  supervisory  district for Onondaga and Madison
  counties, be included as a component district for the  sole  purpose  of
  operating a combined program and/or constructing a combined facility for
  the trainable mentally retarded children in the city of Syracuse and the
  county of Onondaga. Such city school district shall add an amount to its
  budget  and  levy, collect and pay the same to such board of cooperative
  educational services to defray the proportional expenses of constructing
  and operating such facility for such children. Such city school district
  shall not be liable for payment of administrative expenses  as  provided
  for  in  paragraph  b of subdivision four of this section nor shall such
  city school district be eligible for the payment of state aid under this
  section except such city school district shall receive state  aid  based
  on  its proportionate share of building expenses related to this program
  as determined by the commissioner.
    Such  city  school  district  shall  continue  to  receive  aid  under
  subdivision five of section thirty-six hundred two for the attendance of
  children in this program.
    8-b. Notwithstanding any other provisions of this section and with the
  consent  of  the commissioner, city school districts of cities in excess
  of one hundred  twenty-five  thousand  inhabitants  but  less  than  one
  million   inhabitants,   upon   consent  of  the  board  of  cooperative
  educational services approved by the commissioner may be included  as  a
  component district of such board of cooperative educational services for
  the  sole  purpose  of  purchasing  student  information system services
  consistent with standards established  by  the  commissioner  from  such
  board  of  cooperative  educational  services.  Each  such  city  school

  district shall add an amount to its budget and shall levy,  collect  and
  pay  the  costs of such program to such board of cooperative educational
  services to defray their portion of the expenses of such a program. Such
  city  school  district shall not be liable for payment of administrative
  expenses as provided for in paragraph b  of  subdivision  four  of  this
  section  nor  shall such city school district be eligible for payment of
  state aid under this section.
    8-c. Notwithstanding any other provision of this section,  any  school
  district  not  a  component  of  the  board  of  cooperative educational
  services of  the  supervisory  district  serving  its  geographic  area,
  including a city school district in a city having a population in excess
  of  one  hundred  twenty-five  thousand inhabitants, upon consent of the
  board of cooperative educational services and with the approval  of  the
  commissioner,  may  be  treated in the same manner as a component school
  district of  the  board  of  cooperative  educational  services  of  the
  supervisory  district serving its geographic area, or an adjoining board
  of cooperative educational  services  in  the  case  of  a  city  school
  district  in a city having one million inhabitants or more, for the sole
  purpose of purchasing instructional support services, as defined by  the
  commissioner.  Each  such  school  district  shall  add an amount to its
  budget and shall levy, collect and pay the costs of such program to such
  board of cooperative educational services to defray its portion  of  the
  expenses  of  such program, including a charge for administration not to
  exceed the restricted indirect cost rate, provided  that  the  board  of
  cooperative  educational  services  shall  not charge any portion of the
  administrative costs  incurred  pursuant  to  this  subdivision  to  its
  component  school  districts.  Such school districts shall not be liable
  for payment of administrative expenses as provided for in paragraph b of
  subdivision four of this section and subdivision one of section nineteen
  hundred fifty-one of this article. In the case of city school  districts
  in  a  city  with  a  population  in  excess  of one hundred twenty-five
  thousand inhabitants, such participation shall be  in  addition  to  the
  participation  authorized  by  subdivisions  eight-a and eight-b of this
  section. In the case of  a  city  school  district  in  a  city  with  a
  population  of  one hundred twenty-five thousand inhabitants or more, in
  lieu of participation as a component district of an adjoining  board  of
  cooperative  educational  services,  the city school district may opt to
  provide  such  support  services  as  shared  services  directly  or  in
  collaboration  with  one  or  more institutions of higher education. The
  approved costs of such services shall  be  eligible  for  state  aid  in
  accordance   with  the  provisions  of  subdivision  twenty  of  section
  thirty-six hundred two of this chapter, and shall not  be  eligible  for
  aid pursuant to subdivision five of this section.
    9.  No  person shall be eligible to be elected to the office of member
  of a board of cooperative educational services who is an employee  of  a
  school district in the supervisory district.
    9-a.  No  person  shall  be eligible to hold the office of member of a
  board of cooperative educational services who does not reside within the
  boundaries of a component school district of any such board.
    10. Notwithstanding any other provisions of this  chapter  or  of  any
  other  general  or  special law to the contrary, if and when two or more
  supervisory districts shall be combined into a new supervisory  district
  pursuant  to  the  provisions  of section twenty-two hundred one of this
  chapter, as a result of which  the  boards  of  cooperative  educational
  services  for  such supervisory districts shall become a single board of
  cooperative  educational  services  for  such  redistricted  supervisory
  district, such single board of cooperative educational services for such
  redistricted  supervisory  district  shall,  in  such case, allocate the

  appropriate amounts of payments required to be  made  to  the  dormitory
  authority  for rental of facilities or otherwise to the school districts
  contained,  respectively,  in  such   former   boards   of   cooperative
  educational  services  for such supervisory districts, as if such boards
  continued to exist in law for the sole purpose of making such payments.
    11. With the approval of the  commissioner,  one  or  more  boards  of
  cooperative  educational  services  and one or more school districts may
  enter into an agreement or agreements to provide for  sharing  costs  of
  construction  of  or  leases  for facilities acquired for the purpose of
  housing services to be provided by a  board  or  boards  of  cooperative
  educational services for provision of which services such facilities are
  constructed  or leased, provided, however that no new agreements for the
  sharing of costs of construction or leases of facilities may be  entered
  into  pursuant  to this subdivision on or after July first, two thousand
  three. No such agreement may be for a longer term than  is  required  to
  retire  any  obligations  issued  by  one or more of the parties to such
  agreement for the purpose of acquiring such facilities, or  to  pay  the
  dormitory authority in full for the acquisition of such facilities.
    13.  a.  A board of cooperative educational services and the component
  school districts of such board of cooperative educational  services  may
  enter into an agreement providing for the acquisition from the dormitory
  authority  of  facilities  designed  to house services to be provided by
  such board of cooperative educational services and for  the  sharing  of
  the  cost  of  such acquisition. Such agreement in addition to providing
  for all other matters deemed necessary and proper shall  (i)  set  forth
  the  cost of such acquisition which shall be the amount certified by the
  dormitory  authority  as  sufficient  to  pay  the  principal  of,   the
  redemption  premium,  if any, and interest to the earliest of either the
  maturity date or the next redemption date  on  all  obligations  of  the
  dormitory  authority  issued  in  relation to providing such facilities,
  including all incidental expenses in relation thereto, and (ii)  provide
  for  an  allocation  and  apportionment  of the cost of such acquisition
  among the component school districts on  such  equitable  basis  as  the
  parties  thereto  shall  determine  and agree, and the proportion of the
  total cost to be provided by each such district in accordance with  such
  allocation  and apportionment. In those cases where construction of such
  facilities shall not have been completed, the amount so certified by the
  dormitory authority shall include the amount estimated to  be  necessary
  by  the  dormitory  authority to complete such construction by it acting
  for and on behalf of such board  of  cooperative  educational  services;
  provided,  however,  that  such  agreement shall provide that such board
  shall pay to the dormitory authority any additional  amounts  thereafter
  determined  and  certified by the dormitory authority to be necessary in
  order  to  complete  the  construction  of  such  facilities.   Existing
  contracts  awarded  by  the  dormitory authority for the construction of
  such facilities shall not be modified, nor shall any  work  not  covered
  thereby  be  authorized, without the prior consent of an officer of such
  board authorized to so act by a resolution of such board. Such agreement
  shall be executed by all the component school districts of such board of
  cooperative educational  services  whose  allocation  of  administrative
  expenses  would include a portion of the amounts required to be paid the
  dormitory authority for the rental of such facilities.
    b.  The  acquisition  of  such  facilities  is  hereby  declared   and
  determined  to be a school district purpose and an object or purpose for
  which each such component school district is hereby authorized to expend
  money and contract indebtedness. The period of  probable  usefulness  of
  such  object  or  purpose  is hereby determined to be thirty years. Each
  such component school district is hereby authorized to finance its share

  of the cost of the acquisition of such facilities  together  with  costs
  incidental  to such financing, including, but not limited to legal fees,
  printing, engraving and publication of notices, either from any  current
  funds  legally  available  therefor,  or  by the issuance of obligations
  pursuant to the local  finance  law;  provided,  however,  that  (i)  no
  approval  of  the  voters  of  such  component  school district shall be
  required, (ii) the voting of a special tax or a tax to be  collected  in
  installments  shall  not  be  a condition precedent to the adoption of a
  bond resolution for such object or purpose, (iii) a majority vote of the
  entire voting strength of the board of education shall be sufficient for
  adoption of such a bond resolution, which bond resolution may be adopted
  at a regular meeting, or a special meeting of  the  board  of  education
  called  on  not less than twelve hours oral or written notice, which may
  be held either within or outside of such district, (iv)  any  such  bond
  resolution shall take effect immediately and shall not be subject either
  to a mandatory or permissive referendum, and (v) no such bond resolution
  shall  be  adopted  prior  to  the execution by the board of cooperative
  educational services and the component school districts of such board of
  cooperative educational services of the agreement required by  paragraph
  a of this subdivision.
    c.  Nothing  herein  contained shall be construed to permit any school
  district in a city (as defined in paragraph two-b of section 2.00 of the
  local finance law) to contract indebtedness for such object  or  purpose
  in  excess of the limitation prescribed by paragraph b of section 104.00
  of such law, without a compliance with the  provisions  of  paragraph  c
  thereof.  A school district, other than a school district in a city, may
  issue bonds or bond anticipation notes for such  object  or  purpose  in
  excess  of  the  limitation  prescribed  by  paragraph d of such section
  104.00, without complying with the  requirements  of  subparagraphs  one
  through  three of such paragraph. Notwithstanding any other provision of
  law to the contrary, a  special  act  school  district,  as  defined  in
  subdivision  eight  of  section four thousand one of this chapter, shall
  not be deemed a component school district of the  board  of  cooperative
  educational services for purposes of this subdivision.
    d.  Upon certification by the dormitory authority of the receipt by it
  of the amount set forth in the agreement as the cost of the  acquisition
  of such facilities, title thereto shall vest in the board of cooperative
  educational  services  without any further action or deed or conveyance,
  which title shall be  held  by  the  board  of  cooperative  educational
  services  for  the  benefit  and  on  behalf of all the component school
  districts of such board executing such agreement.
    e. The validity of any obligations issued by any  school  district  in
  accordance  with  this  subdivision shall not be affected or impaired by
  any omission, defect or irregularity in any previous acts or proceedings
  by the board of cooperative educational  services,  or  by  any  of  the
  component  school  districts  of  such  board of cooperative educational
  services in relation to the authorization  of  such  facilities  or  the
  construction and financing thereof by the dormitory authority.
    f. State aid on account of the acquisition of such facilities shall be
  paid  to  each  component school district based upon its respective debt
  service or share thereof paid pursuant to the agreement herein  provided
  for, and upon its respective aid ratio.
    g.  Notwithstanding any provision of law, the dormitory authority, any
  board of cooperative  educational  services  and  any  component  school
  district thereof, are all hereby authorized and empowered to perform any
  and  all  acts  and  to  enter  into any and all agreements necessary or
  desirable to effectuate the purposes of this subdivision.

    14. a. All provisions of this subdivision shall be applicable only  if
  any  agreement or agreements referred to herein shall be entered into by
  a board of cooperative educational services and  all  of  the  component
  school  districts  of  the  board of cooperative educational services. A
  board  of  cooperative  educational  services  and  the component school
  districts of such board of cooperative educational  services  may  enter
  into  an  agreement  providing  for  the  acquisition  or  construction,
  including new construction, additions or  reconstruction  of  facilities
  designed  to  house services to be provided by such board of cooperative
  educational services and for the sharing of the cost of such acquisition
  or construction. Such agreement in addition to providing for  all  other
  matters deemed necessary and proper shall (i) set forth the cost of such
  acquisition  or  construction  and  costs  incidental  thereto  and (ii)
  provide for an  allocation  and  apportionment  of  the  costs  of  such
  acquisition or construction among the component school districts on such
  equitable  basis  as  the parties thereto shall determine and agree, and
  the proportion of the total cost to be provided by each such district in
  accordance with such allocation and apportionment. Such agreement  shall
  be  executed  by  all  the  component  school districts of such board of
  cooperative  educational  services  and  such   board   of   cooperative
  educational  services.  Such  agreement  may provide that each component
  school district of such a  board  of  cooperative  educational  services
  shall  issue  an agreed upon amount of its obligations in a total amount
  sufficient  to  acquire  or  construct  such  facilities,  or  that  all
  component districts of such board shall together issue joint obligations
  pledging  the  full faith and credit for all component districts jointly
  and that each such district shall pay a specified share of  annual  debt
  service  on  such joint obligations in accordance with the provisions of
  article five-g of the general municipal law and applicable provisions of
  the local finance law.
    b. The acquisition  or  construction  of  such  facilities  is  hereby
  declared  and  determined  to  be a public purpose and a school district
  purpose and a specific object or purpose for which each  such  component
  school  district  is  hereby  authorized  to  expend  money and contract
  indebtedness.  The period of probable usefulness of such specific object
  or purpose is hereby determined to be thirty years. Each such  component
  school district is hereby authorized to finance its share of the cost of
  the  acquisition or construction of such facilities, together with costs
  incidental thereto, either from  any  current  funds  legally  available
  therefor or by the issuance of obligations pursuant to the local finance
  law;  provided,  however,  that  (i)  no  approval of the voters of such
  component school district shall  be  required,  (ii)  the  voting  of  a
  special  tax  or  a  tax  to be collected in installments shall not be a
  condition precedent to the  adoption  of  a  bond  resolution  for  such
  specific  object  or purpose, (iii) a majority vote of the entire voting
  strength of the board of education shall be sufficient for  adoption  of
  such  a  bond  resolution,  which  bond  resolution  may be adopted at a
  regular meeting, or a special meeting of the board of  education  called
  on not less than twenty-four hours oral or written notice to the members
  of  such  board  as  provided  in  section  sixteen  hundred  six of the
  education law, which meeting may be held either  within  or  outside  of
  such   district,  (iv)  any  such  bond  resolution  shall  take  effect
  immediately and shall not be subject to either a mandatory or permissive
  referendum, and (v) no such bond resolution shall be  adopted  prior  to
  the  execution  by the board of cooperative educational services and all
  of  the  component  school  districts  of  such  board  of   cooperative
  educational  services  of  the agreement required by paragraph a of this
  subdivision.

    c. No further approval of the voters  of  such  board  of  cooperative
  educational services or any component district thereof shall be required
  other  than  that  required  by  paragraph t of subdivision four of this
  section.
    d.  Such  agreement  shall  further provide that title to the facility
  shall vest in the board of cooperative educational services which  title
  shall  be  held by the board of cooperative educational services for the
  benefit and on behalf of all the  component  school  districts  of  such
  board executing such agreement.
    e.  Nothing  herein  contained shall be construed to permit any school
  district in a city (as defined in paragraph two-b of section 2.00 of the
  local finance law) to contract indebtedness for such specific object  or
  purpose in excess of the limitation prescribed by paragraph b of section
  104.00 of such law, without complying with the provisions of paragraph c
  thereof.  A school district, other than a school district in a city, may
  not issue bonds or bond anticipation notes for such specific  object  or
  purpose  in  excess  of the limitation prescribed by paragraph d of such
  section 104.00, without complying with the requirements of subparagraphs
  one through three of such paragraph. Notwithstanding any other provision
  of law to the contrary, a special act school  district,  as  defined  in
  subdivision  eight  of  section four thousand one of this chapter, shall
  not be deemed a component school district of the  board  of  cooperative
  educational services for purposes of this subdivision.
    f.  State  aid  on  account of the acquisition or construction of such
  facilities shall be paid to each component school  district  based  upon
  its  respective  debt  service  or  share  thereof  paid pursuant to the
  agreement herein provided for, and upon its respective  aid  ratio.  Any
  such  computation  of  state aid shall further be based upon the cost of
  such acquisition, or construction, and including  incidental  costs,  to
  the board of cooperative educational services but not to exceed the cost
  allowance set forth in subdivision six of section thirty-six hundred two
  of this chapter.
    17.  Special  education  facilities  plan.  Every board of cooperative
  educational services shall submit a special education space requirements
  plan to the commissioner no later than February first, nineteen  hundred
  eighty-nine   and  every  fifth  year  thereafter  for  the  purpose  of
  determining the need for additional facilities  space  for  all  special
  education  programs  in  the  geographic  area  served  by  the board of
  cooperative educational services. Plans shall be in the form  prescribed
  by  the commissioner and approved in accordance with regulations adopted
  for such purposes.
    18. Accountability of personal property. On or before  January  first,
  nineteen  hundred  ninety-seven,  each  board of cooperative educational
  services shall develop and adopt a formal policy  on  personal  property
  accountability, including the acquisition, sale and disposal of personal
  property.  Such  policy shall be approved by the commissioner consistent
  with regulations adopted for such purpose, which shall include  but  not
  be  limited  to  (a) procedures for the acquisition of personal property
  both by purchase and by gift, (b) procedures for the periodic  inventory
  of  personal  property,  and  (c)  procedures  for  the sale of valuable
  personal property to the highest bidder, except  however  that  vehicles
  received at no cost for use in an authorized welfare to work program may
  be transferred at no cost or at cost of repairs, where repairs have been
  made  to  the vehicle at the board of cooperative education services, to
  participants who have met all the program requirements. Each such  board
  shall  periodically  review  and  update  such policy, provided that any
  amendments  of  the  policy  shall  be  subject  to  approval   of   the
  commissioner.

    19.  Where  the  district  has  provided  transportation  to  students
  enrolled  in  such  district  to  a   school   sponsored   field   trip,
  extracurricular  activity  or  any other similar event, it shall provide
  transportation  back  to  either  the  point  of  departure  or  to  the
  appropriate  school in the district, unless the parent or legal guardian
  of a student  participating  in  such  event  has  provided  the  school
  district   with   written   notice,  consistent  with  district  policy,
  authorizing an  alternative  form  of  return  transportation  for  such
  student  or  unless  intervening  circumstances make such transportation
  impractical.   In   cases   where   intervening    circumstances    make
  transportation  of  a  student  back to the point of departure or to the
  appropriate school in the district impractical, a representative of  the
  school  district  shall  remain  with  the  student until such student's
  parent or legal guardian has been (a)  contacted  and  informed  of  the
  intervening circumstances which make such transportation impractical and
  (b)  such  student  had  been  delivered  to  his or her parent or legal
  guardian.