S T A T E   O F   N E W   Y O R K
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                                  7236

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. FIELDS -- read once and referred to the Committee
  on Education

AN  ACT  to  establish the Suffolk School of Math, Science & Engineering
  Regional Technology Institute to provide instruction  to  students  in
  the Eastern Suffolk BOCES and the Western Suffolk BOCES in a technolo-
  gy based learning process of core academic areas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The purpose of this act is to establish
the Suffolk School of Math, Science &  Engineering  Regional  Technology
Institute.  The  Suffolk  School of Math, Science & Engineering Regional
Technology Institute shall provide a high school course  of  instruction
for grades nine through twelve, dedicated to providing expanded learning
opportunities  to  students  residing  in the Eastern Suffolk BOCES, the
Western Suffolk BOCES, and in the school  districts  of  such  adjoining
BOCES  districts as who request to participate through agreement between
the BOCES superintendent and  the  board  hereinafter  established,  the
areas  of technology as well as the core academic areas required for the
issuance of high school diplomas in accordance with the rules and  regu-
lations  promulgated  by  the  board  of regents. The legislature hereby
finds and declares that the establishment of the Suffolk School of Math,
Science & Engineering  Regional  Technology  Institute  is  a  necessary
component to the development of the Long Island region of New York state
and  a  necessary  link  to fostering the development and advancement of
emerging technologies. This school will advance  the  interests  of  the
Suffolk  area  and  New  York state by engaging students in rigorous and
enriching educational  experiences  focused  on  emerging  technologies,
project-based  learning  and collaboration and by providing that experi-
ence within the context of a business and  learning  community  for  the
purpose  of directly connecting student learning with real world experi-
ence in advanced technical facilities. It is expressly  found  that  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10594-01-9
              

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establishment  and  operation  of  such school pursuant to this act is a
public purpose. The legislature further finds that the establishment  of
a  school business leaders alliance that shall serve as a forum in which
regional  businesses  can  work  together  with  the board and school to
create opportunities for students consistent  with  this  act  shall  be
deemed as a necessary feature to the successful operation of the Suffolk
School of Math, Science & Engineering Regional Technology Institute. The
board is directed to establish and facilitate the ongoing operation of a
school  business  leaders  alliance  for  the  specific  benefit  of the
students attending the Suffolk School of  Math,  Science  &  Engineering
Regional Technology Institute.
  S  2.  Definitions.  1. "Eastern Suffolk BOCES" shall mean the Eastern
Suffolk board of cooperative educational  services,  and  any  successor
entity.
  2.  "Western  Suffolk  BOCES"  shall mean the Western Suffolk board of
cooperative educational services and any successor entity.
  3. "Suffolk School of Math, Science & Engineering Regional  Technology
Institute"  or "Institute" shall mean a new regional educational program
operated jointly by the Eastern Suffolk BOCES and Western Suffolk BOCES,
but not a part, or subsidiary of either corporation which may be located
at more than one location within the  corporate  boundaries  of  Eastern
Suffolk BOCES or Western Suffolk BOCES as established by this act.
  4.  "The  board" shall mean, except where the context indicates other-
wise, the governing board established pursuant to section three of  this
act.
  S  3.  Organization  and  governance.  1.  Notwithstanding  any  other
provision of law to the contrary, the Eastern Suffolk BOCES and  Western
Suffolk  BOCES  shall  be  authorized  to jointly operate an educational
program in accordance with this act, to be known as the  Suffolk  School
of  Math,  Science  &  Engineering  Regional  Technology Institute. Such
institute is not a part of either corporation and  is  a  new  corporate
entity  that will provide a high school course of instruction for grades
not lower than nine and  including  through  grade  twelve  designed  to
afford expanded learning opportunities to students residing in the areas
served by the Eastern Suffolk BOCES and the Western Suffolk BOCES in the
areas  of  technology  as  well  as the core academic areas required for
issuance of a high school diploma.
  2. The institute shall be subject to all laws, rules  and  regulations
which  are  applicable  to  a  board of cooperative educational services
unless otherwise provided for in this act. The  institute  shall  comply
with  the  rules and regulations of the board of regents and the commis-
sioner of education applicable to a high school  program  leading  to  a
diploma,  including but not limited to course of study, academic content
and achievement standards.
  3. The institute shall be subject to the oversight  of  the  board  of
regents  and  shall  obtain financial audits in a manner consistent with
provisions of law and regulations that are applicable to other  programs
of a board of cooperative educational services.
  4. The Suffolk School of Math, Science & Engineering Regional Technol-
ogy Institute shall be jointly operated by the Eastern Suffolk BOCES and
Western  Suffolk  BOCES pursuant to an inter-municipal sharing agreement
entered into pursuant to section 119-o of the general municipal law. The
governing boards of the Eastern Suffolk BOCES and Western Suffolk  BOCES
shall  be combined to form a joint board that will operate the institute
in accordance with the provisions of such  sharing  agreement  and  this
act.  Persons  newly hired to provide services in the institute shall be

A. 7236                             3

deemed joint employees of such joint board, and not employees of  either
corporation or board.
  Provided  however,  that the Eastern Suffolk BOCES and Western Suffolk
BOCES may establish as part of the inter-municipal sharing agreement  an
operational board to operate the Suffolk School of Math, Science & Engi-
neering  Regional  Technology  Institute  on  behalf of the two BOCES in
accordance with this act and such sharing  agreement.  This  operational
board  shall be provided powers and duties consistent with the governing
board provided for in this  act  and  in  such  inter-municipal  sharing
agreement.    Provided  that if an operational governing board is estab-
lished it shall be organized as follows.  The  operational  board  shall
consist  of eight members appointed on the following basis: four members
shall be members of the governing board of the Eastern Suffolk BOCES and
shall be appointed by the governing board of the Eastern Suffolk  BOCES;
four  members shall be members of the governing board of Western Suffolk
BOCES and shall be appointed by the governing board of  Western  Suffolk
BOCES;  all appointments to the governing board of the Suffolk School of
Math, Science & Engineering Regional Technology Institute shall  be  for
three years with a term which shall commence on July first next succeed-
ing  the  appointment,  provided  that  vacancies  on the board shall be
filled by an appointment made by the original appointing authority,  and
such  appointment shall be deemed effective immediately and shall be for
a period of the remaining unexpired term.
  5. The board shall appoint an advisory council consisting of represen-
tatives of the greater Long Island business community who have expertise
in the training needs of high-tech and emerging industries and represen-
tatives of institutions of higher  education  located  within  the  area
served  by  Eastern  Suffolk BOCES and the Western Suffolk BOCES and any
adjoining BOCES district who have a working knowledge of the science and
technology curricula offerings in the region. The advisory council shall
advise the board on the course of  study  of  the  institute;  means  of
providing  students  with  educational  experiences  focused on emerging
technologies,  project-based  learning  and  collaboration  within   the
context  of  the  business  and learning community that directly connect
student learning with real world experience in advanced technical facil-
ities; and other matters relating to operation of the institute.
  S 4. Powers and duties of the board. The board shall have the  follow-
ing powers and duties:
  1.  To  prescribe  and  operate  a  full-time course of study by which
students attending the institute shall become eligible to receive a high
school diploma to be awarded by their school district of residence. This
course of study shall be supplemented by such  innovative  technological
and related programs as may be deemed suitable by the board to implement
the purposes of this act;
  2.  Based  upon a joint recommendation of the district superintendents
of Eastern Suffolk BOCES and Western Suffolk BOCES and upon  a  majority
vote  of  the board, to contract with and employ administrative officers
and joint employees as the board deems prudent;
  3. To contract with  and  enter  into  cooperative  arrangements  with
private  for  profit  and  not-for-profit entities as the board may deem
prudent in furtherance of the institute's supplemental innovative  tech-
nological  activities  and related educational programs to implement the
purposes of this act, provided that all  components  of  the  curriculum
shall be taught or supervised by a certified teacher or certified teach-
ing assistant under the supervision of a certified teacher; and

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  4.  To determine the school calendar and school day schedule, which at
a minimum, shall be  equal  to  the  instruction  time  required  to  be
provided by public high schools.
  S 5. General requirements. The annual budget of the institute shall be
subject  to  the  approval of the governing board of the Eastern Suffolk
BOCES and Western Suffolk BOCES. The proposed budget shall be  submitted
to  the boards of education of Eastern Suffolk BOCES and Western Suffolk
BOCES by May first of the year preceding the year for which  the  budget
shall apply. The proposed budget shall not take effect unless a majority
of  members  of  each BOCES board shall approve the annual budget of the
institute. If a majority of either BOCES board  fails  to  adopt  resol-
utions approving such tentative budget, the administrators of the insti-
tute  shall  prepare  a  contingency  budget  which shall not exceed the
amount of the budget of the Suffolk School of Math, Science &  Engineer-
ing Regional Technology Institute for the previous school year except to
accommodate  expenditure  increases attributable to supplemental retire-
ment allowances payable pursuant to section 532 of the education law and
section 78 of the retirement and social security law. The  BOCES  boards
shall  vote  on  approval of the proposed budget by a date determined by
the commissioner of education. For purposes of development of  a  budget
for  the  first  year  of  operation,  the BOCES board shall present the
proposed budget to the commissioner of education by a date  the  commis-
sioner  of  education shall determine and shall submit it to the commis-
sioner of education for approval. Upon approval of the  commissioner  of
education, the proposed budget shall be deemed the budget of the Suffolk
School  of Math, Science & Engineering Regional Technology Institute for
that school year. Upon adoption of a budget  for  the  institute  for  a
school  year, costs shall be allocated between the Eastern Suffolk BOCES
and Western Suffolk BOCES in the manner provided in the municipal  shar-
ing agreement and shall be included in the budgets of the two BOCES.
  S  6. Employees of the institute. 1. The joint instructional employees
shall be subject to Part 30 of the Rules of the Board of Regents.
  2. Persons employed in connection with the educational program of  the
institute  shall be certified in accordance with the requirements appli-
cable to other programs of a board of cooperative educational services.
  3. Any teacher employed in the public schools of  New  York  may  make
written  application  for  a leave of absence to teach at the institute.
If such approval is granted, the teacher may  return  to  teach  in  the
school  district  during  such  period  of leave without the loss of any
right, seniority, salary status or any other benefit provided by law  or
by collective bargaining agreement.
  4.  All  persons  employed by the institute shall be considered public
employees and shall receive all rights and privileges accorded thereto.
  5. Section 3014 of the  education  law  shall  be  applicable  to  all
employees  who  would  be  governed  by  such section in a public school
building.
  S 7. Admission to the institute. 1. Any student eligible  for  enroll-
ment in grades nine through twelve of the public schools, residing with-
in  a  component school district of the Eastern Suffolk BOCES or Western
Suffolk BOCES that elects to participate in the institute or a  non-com-
ponent  school  district  located  within the area served by the Eastern
Suffolk BOCES, or Western Suffolk BOCES which enters into  a  memorandum
of understanding with the board to enroll students in the Suffolk School
of  Math,  Science  & Engineering Regional Technology Institute shall be
eligible to apply for admission to the institute.

A. 7236                             5

  2. The criteria for admission shall not be limited based on  intellec-
tual  ability,  measures  of  academic achievement or aptitude, athletic
aptitudes, disability, race, creed, gender, national  origin,  religion,
ancestry, or location of residence.
  3.  To  the  extent that the number of qualified applicants may exceed
the number of available spaces, the institute shall grant admission on a
random selection basis, provided that an enrollment preference shall  be
provided  to  pupils  returning  to  the  institute in the second or any
subsequent year. The institute shall determine the tentative  enrollment
roster,  notify  the  parents,  or  those  in parental relation to those
students, and the resident school district by April first of the  school
year  preceding  the  school year for which the admission is granted. To
determine the enrollment roster for the first  year  of  operation,  the
institute  shall  notify  the  parents, or those in parental relation to
those students, and the resident school district by  June  thirtieth  of
the  school  year  preceding  the school year for which the admission is
granted.
  4. Students attending the institute shall continue to be  enrolled  in
their  school  district  of residence, and each school district of resi-
dence shall be responsible for issuance of  a  high  school  diploma  to
their  resident  students  who  attended  the  institute  based  on such
students' successful completion of the institute's educational  program,
as  certified by the institute, provided that such diploma shall contain
an annotation indicating the  student's  successful  completion  of  the
institute's program. The commissioner of education may establish special
procedures for program review and accountability of the institute.
  S  8.  Financing of the institute. 1. The board shall establish in its
municipal sharing agreement a methodology for the apportionment of oper-
ational and administrative costs including  capital  costs  between  the
Eastern  Suffolk  BOCES and the Western Suffolk BOCES and the allocation
of costs to non-component  school  districts  located  within  the  area
served  by either BOCES or located in a BOCES district which adjoins the
area served by the Eastern Suffolk BOCES or the  Western  Suffolk  BOCES
which  have entered into a memorandum of understanding with the board to
enroll students in the Suffolk School of  Math,  Science  &  Engineering
Regional Technology Institute. The board is hereby authorized to provide
in the municipal sharing agreement that Eastern Suffolk BOCES or Western
Suffolk BOCES, or both entities act as a fiscal agent for the institute.
  2.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, the commissioner  of  education  shall  be  authorized  to
approve  the educational services and programs deemed necessary to carry
out the institute as aidable shared services pursuant to section 1950 of
the education  law,  and  to  approve  cooperative  services  agreements
("CO-SERS")  limited  in scope to the institute. Program and administra-
tive costs, including  capital  costs,  allocated  to  component  school
districts  in accordance with this act and section 1950 of the education
law shall be eligible for BOCES aid as an aidable shared service  pursu-
ant  to  section  1950  of  the  education  law and costs allocated to a
participating non-component school district pursuant to a memorandum  of
understanding shall be aidable pursuant to subdivision 5 of section 1950
of  the  education law to the same extent and on the same basis as costs
allocated to a component school district.
  3. The trustees or  board  of  education  of  a  non-component  school
district located within the area served by the two boards of cooperative
educational  services  or  in  an area served by an adjoining BOCES, may
enter into a memorandum of agreement with the board  to  participate  in

A. 7236                             6

the institute for a period not to exceed 5 years upon such terms as such
trustees  or  board  of  education  and  the  board  may mutually agree,
provided that such agreement may provide for a charge for administration
of  the  institute including capital costs, but participating non-compo-
nent school districts shall not be liable for payment of  administrative
expenses  as  defined in paragraph b of subdivision 4 of section 1950 of
the education law, unless otherwise agreed upon by  the  board  and  the
non-component school district.
  4.  If  educational  programs  operated by the institute result in the
creation of revenue for the institute the receipt  and  expenditure  for
such  funds shall be deemed lawful, subject only to the requirement that
any revenues so created shall be used for the educational betterment  of
the  students  through  the advancement of the institution's educational
and career development activities.  The board is  authorized  to  accept
gifts,  donations  or  grants  of  any kind made to the institute and to
expend or use such gifts, donations or grants  in  accordance  with  the
conditions  prescribed  by  the  donor; provided, however, that no gift,
donation or grant may be accepted if subject  to  a  condition  that  is
contrary  to  any provision of law or the educational charter.  Notwith-
standing any inconsistent provisions of paragraph p of subdivision 4  of
section  1950  of the education law or any other provision of law to the
contrary, the board of the Suffolk School of Math, Science & Engineering
Regional Technology Institute may enter into a lease  under  the  condi-
tions  specified  in this act with respect to suitable land, classrooms,
offices or buildings upon or in  which  to  maintain  and  conduct  such
regional educational program and administrative offices for a period not
to exceed thirty years.
  S  9.  Any  lease  entered  into pursuant to this act in excess of ten
years shall be subject to the approval of the qualified  voters  of  the
component  districts within the area served by the Eastern Suffolk BOCES
and Western Suffolk BOCES, and the  qualified  voters  of  non-component
districts  that  enter into a memorandum of understanding with the board
to enroll students in the  institute,  through  a  referendum  conducted
pursuant  to  the  provisions  of  section  1951  of  the education law,
provided that the Eastern Suffolk BOCES, the Western Suffolk  BOCES  and
the  non-component  districts  that  have  entered  into a memorandum of
understanding with the board and enroll students in the institute, shall
be deemed to be a single supervisory district for such  purpose,  within
one  year  of the effective date of this act. The approved costs of such
lease and the plans and specification of the leased  facility  shall  be
subject to review and approval by the commissioner of education in order
to  be  eligible  for  aid  pursuant  to paragraph g of subdivision 5 of
section 1950 of the education law as if it were a  construction  project
with  the  payments  amortized  over thirty years, but not to exceed the
cost allowance established pursuant to subdivision 6 of section 3602  of
the  education  law, provided that as a condition of receipt of aid, the
lease agreement shall provide that upon expiration of the  term  of  the
lease, title to the facility shall be conveyed to the BOCES in which the
institute    is    located   or   successor   thereto,   for   use   for
elementary/secondary educational purposes.
  S 10. Service of students who reside in adjoining BOCES districts.  It
is  the  intent  of  the  legislature to allow students whose geographic
proximity to the Suffolk School of Math, Science & Engineering  Regional
Technology  Institute  make it possible to attend the institute notwith-
standing the fact that it may be geographically  impractical  for  other
students  at such BOCES to attend. Such agreements as shall be necessary

A. 7236                             7

as to effectuate that intent shall be made as provided for in this  act.
Further,  if there is a demonstrated interest by students at neighboring
BOCES districts, the board may elect to formally expand its service area
and  board  by not more than ten new members upon such terms as it shall
deem appropriate, provided, however, that  such  terms  must  rationally
relate  to  the  equitable distribution of costs to such BOCES districts
and the component school districts thereof.
  S 11. 1. All component school districts of Eastern Suffolk  BOCES  and
Western  Suffolk  BOCES  shall be deemed to participate in the institute
and shall be eligible to have students enroll in the institute  (follow-
ing  the  enrollment processes set forth in this act) and shall share in
the costs of the institute as set forth in this act unless any component
school district, not later than one year after this act  becomes  a  law
shall pass a resolution, which shall be filed with the superintendent of
the  board of cooperative educational services which the school district
is a component of, indicating that such district chooses not to  partic-
ipate in the institute. No student who resides in a school district that
chooses not to participate in the institute may attend the institute nor
shall such school district have any liability to the institute nor shall
any  resident  of  such  school district be a board member of any opera-
tional board of the institute.
  2. In the event any component school district  passes  the  resolution
described  in  subdivision  1  of this section, such school district may
later choose to participate in  the  institute  upon  the  request,  via
resolution, of the board of such component school district and upon such
terms  and conditions as may be approved by the operational board of the
institute if created and also approved by  a  majority  of  the  Eastern
Suffolk BOCES board and a majority of the Western Suffolk BOCES board.
  S 12. This act shall take effect immediately.