Section 1951. Budget of board of cooperative educational services

1. The
  final administrative and capital budgets of  the  board  of  cooperative
  educational  services  as  adopted  shall be a charge against all of the
  school districts contained  in  the  board  of  cooperative  educational
  services,  provided,  however,  that any component school district which
  does not elect  to  participate  in  any  specific  educational  service
  authorized  to  be  furnished  by  the  board of cooperative educational
  services shall not be required to pay any share of the  moneys  provided
  in  the  program  budget  as  salaries  of  teachers  or other personnel
  employed in providing such service, for equipment and supplies for  such
  service or for transportation of pupils to and from the place where such
  service  is maintained, provided, however, expenditures for the board of
  cooperative educational services program, including office  and  central
  administrative expenses, traveling expenses and salaries and benefits of
  supervisors  and all other central administrative personnel necessary to
  carry out its program shall  be  deemed  administrative  expenses  which
  shall  be  a  charge upon all component school districts notwithstanding
  the fact that such a component school district elects to not participate
  in any specific program offered by the board of cooperative  educational
  services.  Each  school district's proportionate share of administrative
  and capital expenses shall be determined in accordance with subparagraph
  seven of paragraph b of subdivision four  of  section  nineteen  hundred
  fifty  of  this  article.  The  board  shall  allocate the cost of other
  services to participating component school districts in accordance  with
  terms  agreed  upon  between  such board and the boards of education and
  trustees of each component school district using the local uniform  unit
  cost of each such service, based on (i) anticipated participation in the
  ensuing school year, or (ii) participation in the current year, or (iii)
  a two or three year average including participation in the current year,
  which unit cost shall be the same for all participating component school
  districts and shall be computed in accordance with a uniform methodology
  approved  annually  by  at  least  three-quarters  of  the participating
  component school districts after consultation by local school  officials
  with their respective boards; provided, however, such unit cost shall be
  subject  to final adjustment for programs for students with disabilities
  based on actual participation in  accordance  with  regulations  of  the
  commissioner.  The  school  authorities  of  each school district in the
  board of cooperative educational services shall add such amount  to  the
  budget  of  such  school  district  and  shall  pay  such  amount to the
  treasurer of the board of cooperative educational services, and shall be
  paid out by the treasurer upon orders of the board issued  and  executed
  pursuant to the resolution of said board.
    2.   a. If the board of cooperative educational services determines to
  submit a proposition to authorize the purchase or acquisition  of  sites
  or  additions  thereto  and  real  property  and  to construct buildings
  thereon and to purchase buildings and construct additions thereto, or to
  authorize the sale of any real property the title to which is vested  in
  the  board of cooperative educational services and buildings thereon and
  appurtenances or any part thereof, or to authorize the exchange of  real
  property  held  by the board of cooperative educational services for the
  purpose of improving or changing school sites, to the  qualified  voters
  of  the  board of cooperative educational services, then the board shall
  call a meeting and submit to  the  qualified  voters  of  the  board  of
  cooperative  educational  services  such  a proposition. The board shall
  cause a notice of such meeting to be given by public notice of the  time
  and  place  of such meeting once in each week within the four weeks next
  preceding such meeting, the first publication to be at least twenty-five
  days before said meeting, in two newspapers if there shall be two, or in

  one newspaper if there shall be  but  one,  having  general  circulation
  within  the  board  of  cooperative  educational  services,  but  if  no
  newspaper shall then have general circulation therein, the  said  notice
  shall  be  posted  in  at least twenty of the most public places in said
  board of cooperative educational services twenty-five  days  before  the
  time  of  such  meeting.  Such  notice  shall contain a statement of the
  proposition or propositions to be submitted at such meeting.
    b. Such notice and all  other  notices  and  reports  required  to  be
  published  in  newspapers  under the provisions of this chapter shall be
  printed at the rates and  for  the  fees  prescribed  in  section  eight
  thousand  seven  of  the civil practice law and rules. In the event that
  the  publishers  of  one  or  both  of  the  newspapers  having  general
  circulation  in  such  district  shall  refuse  to print and publish the
  notices or reports  at  the  rates  and  for  the  fees  so  prescribed,
  publication  in such newspaper or newspapers so refusing may be omitted,
  in which case the notices or reports shall be posted as required by this
  section in lieu of such publication.
    c. A person shall be entitled to vote at any meeting of the voters  of
  the board of cooperative educational services who is:
    (1) A citizen of the United States.
    (2) Eighteen years of age.
    (3)  A  resident  within the board of cooperative educational services
  for a period of thirty days next  preceding  the  meeting  at  which  he
  offers to vote.
    No  person  shall  be  deemed  to  be  ineligible  to vote at any such
  meeting, by reason of sex, who has the other qualifications required  by
  this paragraph.
    d.  If  a  person offering to vote at any meeting of the voters of the
  board  of  cooperative  educational  services  shall  be  challenged  as
  unqualified  by  any  legal  voter  of  such  board at such meeting, the
  chairman presiding at such meeting shall require the person so  offering
  to  make  the following declaration: "I do declare and affirm that I am,
  and have been, for the thirty days last past, an actual resident of this
  board of cooperative educational services and that  I  am  qualified  to
  vote  at  this  meeting."  Every person making such declaration shall be
  permitted to vote on all questions proposed at such meeting; but if  any
  person shall refuse to make such declaration his vote shall be rejected.
    e.  A  person who shall wilfully make a false declaration of his right
  to vote at a meeting of the voters of a board of cooperative educational
  services after his right to vote thereat has been challenged,  shall  be
  deemed guilty of a misdemeanor. Any person not qualified to vote at such
  meeting,  who  shall vote thereat, shall thereby forfeit ten dollars, to
  be sued for by the supervisor for the benefit of the board.
    f. In all propositions arising at said meeting, the vote thereon shall
  be by ballot.
    g.  If  the  board  of  cooperative  educational  services  shall   so
  determine,  voting  machines  may be used for recording the vote at such
  meeting.   Before any such machine is used  at  any  such  meeting,  the
  inspectors  of  election  shall examine it and see that all the counters
  are set at zero (000) and that the ballot labels  are  properly  placed,
  and that the machine is in all respects in proper condition for use. The
  use  of  such machine shall be deemed a compliance with any provision of
  law requiring the vote  to  be  by  ballot.  The  board  of  cooperative
  educational  services  may  purchase  the  necessary  voting  machine or
  machines; or if the county board of  elections  shall  consent  thereto,
  such  machines belonging to the county or belonging to the town in which
  any part of said board of  cooperative  educational  services  shall  be
  located  may  be  used  at any such meeting, the expense of delivery and

  returning and setting up, and  any  other  expense  connected  therewith
  shall  be defrayed by the board of cooperative educational services; but
  such machines belonging to the county shall not be so used at  the  time
  or times when they may be required under the election law.
    h.  The  board  of  cooperative  educational  services shall appoint a
  qualified voter of the board of cooperative educational services as  the
  chairman  of  any  such  meeting.  The clerk of the board of cooperative
  educational services shall give written notice  of  appointment  to  the
  person  so  appointed.  If  the  person appointed as chairman refuses to
  accept such appointment, or fails to serve,  the  board  of  cooperative
  educational  services  may  appoint  a  qualified  voter of the board of
  cooperative educational services to fill the vacancy. The meeting  shall
  be called to order by the chairman.
    i. If the clerk of the board of cooperative educational services shall
  not  be present, the board may appoint a qualified voter of the board of
  cooperative educational services to act as clerk  of  the  meeting.  The
  board  shall  appoint  qualified  voters  of  the  board  of cooperative
  educational services as assistant clerks of the meeting.  The  clerk  of
  the  board  of  cooperative  educational  services  shall give a written
  notice of appointment to the persons so appointed as  assistant  clerks.
  If  a  person  appointed  as  assistant  clerk  refuses  to  accept such
  appointment, or fails to serve, the board may appoint a qualified  voter
  of  the  board  of cooperative educational services to fill the vacancy.
  Each assistant clerk shall be entitled to compensation at a rate  to  be
  fixed  by the board for each day actually and necessarily spent upon the
  duties of his office. The clerk and assistant clerk  or  clerks  of  the
  meeting   shall  keep  an  accurate  and  true  written  record  of  all
  proceedings of the meeting and shall file such written record  with  the
  clerk   of   the   board  of  cooperative  educational  services  within
  twenty-four hours after the meeting.
    j. The board shall appoint  two  qualified  voters  of  the  board  of
  cooperative  educational  services for each ballot box to be used to act
  as inspectors of election at such meeting. The clerk  of  the  board  of
  cooperative   educational   services   shall   give  written  notice  of
  appointment to the persons  so  appointed.  If  a  person  appointed  as
  inspector  of  election  refuses to accept such appointment, or fails to
  serve, the  board  may  appoint  a  qualified  voter  of  the  board  of
  cooperative   educational  services  to  fill  the  vacancy.  Additional
  inspectors of election may be appointed in the same manner when, in  the
  opinion of the board, special circumstances exist requiring the services
  of  such additional inspectors. The inspectors of election shall, before
  the polls are opened, organize by naming one of their  number  as  chief
  inspector  of  election. Each inspector of election shall be entitled to
  compensation at a rate to be fixed by the board for  each  day  actually
  and necessarily spent upon the duties of his office.
    k. A poll list containing the name and legal residence of every person
  whose  vote  shall  be received shall be kept by the clerk and assistant
  clerk or clerks of the meeting.
    l. The board  shall  at  the  expense  of  the  board  of  cooperative
  educational  services  provide  a  suitable  box  or  boxes in which the
  ballots, folded so as to conceal the marking thereon, shall be deposited
  as they are received, and shall in like manner provide a voting booth or
  booths and the voters shall be required to enter such  booth  or  booths
  for the purpose of marking their ballots.
    m. The board shall cause printed ballots to be prepared, setting forth
  the proposition or propositions to be voted upon, in the form applicable
  to the submission of a proposition to the meeting of a union free school
  district.

    n.  All  qualified  voters entitled to vote who are in the place where
  the meeting is held at or before the time of closing the polls shall  be
  allowed to vote.
    o.  Immediately upon the close of the polls the inspectors of election
  shall canvass the ballots in the same manner as ballots are canvassed at
  a meeting of a union free school district. The chairman of  the  meeting
  shall  declare  to the meeting the result of each ballot as announced to
  him by the inspectors of election, and those  propositions  receiving  a
  majority  of  the votes of the voters present and voting shall be deemed
  approved.
    p. The meeting of the voters of the board of  cooperative  educational
  services  shall  be  conducted  in  the  same manner as a meeting of the
  voters of a union free school district.
    q. If the  board  shall  so  determine  it  may  cause  the  board  of
  cooperative  educational  services to be divided into election districts
  provided that in each such election district  the  number  of  qualified
  voters shall at least equal seven hundred. If such resolution be adopted
  it  shall divide the board of cooperative educational services into such
  number of election districts as the board may determine,  provided  that
  if  circumstances  will  permit  there  shall  be  a schoolhouse in each
  election district or in as many such election districts as possible. The
  election districts so formed shall continue in existence until  modified
  by  resolution  of  the board. Such resolution shall accurately describe
  the boundaries of each such district by street,  alley  and  highway  or
  otherwise.   Meetings   of  the  voters  of  the  board  of  cooperative
  educational  services  shall  be  held  thereafter  in   such   election
  districts.  The  board  shall  designate  the place within each election
  district where the meetings shall be held. When the board of cooperative
  educational services is divided into election districts, the board shall
  cause the meeting to be held in each election district pursuant  to  the
  provisions  of  this  subdivision  and  shall  appoint a chairman of the
  meeting, clerks and assistant clerks of the meeting  and  inspectors  of
  election  for  each  election  district.  The  board shall designate the
  election district in  which  the  clerk  of  the  board  of  cooperative
  educational  services  shall  be present. Where the board of cooperative
  educational services has  been  divided  into  election  districts,  the
  inspectors of election shall make a written report of the results of the
  ballot,  signed  by  all  such  inspectors,  to  the  chief inspector of
  election of each election district. The chief inspector of  election  of
  each  election district shall within twenty-four hours file such written
  report with the clerk of the board of cooperative educational  services.
  The  board shall thereupon within twenty-four hours tabulate and declare
  the results of the ballot.
    r. All disputes concerning the validity of any meeting of  the  voters
  of  a board of cooperative educational services or of any of the acts of
  the officers of such meeting shall be referred to  the  commissioner  of
  education  for  determination  and  his decisions in the matter shall be
  final and not subject to review. The commissioner may in his  discretion
  order a new meeting.
    s.  The  board  of  cooperative  educational  services  shall  provide
  absentee ballots to  qualified  voters.  The  commissioner  shall  adopt
  regulations  for  the  purposes  of  implementing the provisions of this
  paragraph which shall include, but  not  be  limited  to,  creating  the
  procedure  for which such absentee ballots shall be submitted; providing
  that such absentee ballots shall be, as nearly as  practicable,  in  the
  same  form  as  those voted at the district election; requiring that any
  absentee ballot applicant is or will be, on  the  day  of  the  vote,  a
  qualified  voter  of  the  board of cooperative educational services and

  that he or she will be on such  date  over  eighteen  years  of  age,  a
  citizen  of  the  United  States  and  has  or will have resided in said
  district for  thirty  days  next  preceding  such  date;  and  providing
  instructions as to the proper marking thereof.
    3.  a. For the nineteen hundred ninety-seven--ninety-eight school year
  and thereafter, the commissioner shall prescribe, in  consultation  with
  the comptroller of the state of New York and within the general taxonomy
  of   accounts   established  by  the  comptroller  pursuant  to  section
  thirty-six of the general municipal law, a uniform and specific taxonomy
  for service programs and activities of boards of cooperative educational
  services. In developing such prescribed taxonomy, the commissioner shall
  consider  the  recommendations  of  an  advisory   panel   of   district
  superintendents  of schools or their representatives as appointed by the
  commissioner for such purpose.
    b. In developing and  adopting  a  budget  for  the  nineteen  hundred
  ninety-seven--ninety-eight  school  year  pursuant to this article, each
  board of cooperative educational  services  may  use  the  same  locally
  selected  specific  taxonomy for service programs and activities as used
  for the nineteen hundred ninety-six--ninety-seven school year within the
  general taxonomy of accounts established by the comptroller pursuant  to
  section  thirty-six of the general municipal law, provided that all such
  accounts shall  be  converted  to  the  uniform  and  specific  taxonomy
  prescribed   by  the  commissioner  pursuant  to  paragraph  a  of  this
  subdivision by October first, nineteen hundred ninety-seven and provided
  that copies of the approved program, capital and administrative  budgets
  as converted to such uniform and specific taxonomy shall be submitted to
  the   commissioner   on   or  before  October  first,  nineteen  hundred
  ninety-seven.
    c. In developing and adopting a budget pursuant to  this  article  for
  the   nineteen   hundred   ninety-eight--ninety-nine   school  year  and
  thereafter, each board of cooperative educational services shall use the
  uniform and  specific  taxonomy  for  service  programs  and  activities
  prescribed   by  the  commissioner  pursuant  to  paragraph  a  of  this
  subdivision.