S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1482                                                  A. 1644
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 12, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Higher Educa-
         tion
       IN  ASSEMBLY  --  Introduced  by  M.  of A. ENGLEBRIGHT -- 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:
    1    Section 1. Legislative intent. The purpose of this act is to establish
    2  the  Suffolk  School  of Math, Science & Engineering Regional Technology
    3  Institute. The Suffolk School of Math, Science  &  Engineering  Regional
    4  Technology  Institute  shall provide a high school course of instruction
    5  for grades nine through twelve, dedicated to providing expanded learning
    6  opportunities to students residing in the  Eastern  Suffolk  BOCES,  the
    7  Western  Suffolk  BOCES,  and  in the school districts of such adjoining
    8  BOCES districts as who request to participate through agreement  between
    9  the  BOCES  superintendent  and  the  board hereinafter established, the
   10  areas of technology as well as the core academic areas required for  the
   11  issuance  of high school diplomas in accordance with the rules and regu-
   12  lations promulgated by the board  of  regents.  The  legislature  hereby
   13  finds and declares that the establishment of the Suffolk School of Math,
   14  Science  &  Engineering  Regional  Technology  Institute  is a necessary
   15  component to the development of the Long Island region of New York state
   16  and a necessary link to fostering the  development  and  advancement  of
   17  emerging  technologies.  This  school  will advance the interests of the
   18  Suffolk area and New York state by engaging  students  in  rigorous  and
   19  enriching  educational  experiences  focused  on  emerging technologies,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00730-01-5
       S. 1482                             2                            A. 1644
    1  project-based learning and collaboration and by providing  that  experi-
    2  ence  within  the  context  of a business and learning community for the
    3  purpose of directly connecting student learning with real world  experi-
    4  ence  in  advanced  technical facilities. It is expressly found that the
    5  establishment and operation of such school pursuant to  this  act  is  a
    6  public  purpose. The legislature further finds that the establishment of
    7  a school business leaders alliance that shall serve as a forum in  which
    8  regional  businesses  can  work  together  with  the board and school to
    9  create opportunities for students consistent  with  this  act  shall  be
   10  deemed as a necessary feature to the successful operation of the Suffolk
   11  School of Math, Science & Engineering Regional Technology Institute. The
   12  board is directed to establish and facilitate the ongoing operation of a
   13  school  business  leaders  alliance  for  the  specific  benefit  of the
   14  students attending the Suffolk School of  Math,  Science  &  Engineering
   15  Regional Technology Institute.
   16    S  2.  Definitions.  1. "Eastern Suffolk BOCES" shall mean the Eastern
   17  Suffolk board of cooperative educational  services,  and  any  successor
   18  entity.
   19    2.  "Western  Suffolk  BOCES"  shall mean the Western Suffolk board of
   20  cooperative educational services and any successor entity.
   21    3. "Suffolk School of Math, Science & Engineering Regional  Technology
   22  Institute"  or "Institute" shall mean a new regional educational program
   23  operated jointly by the Eastern Suffolk BOCES and Western Suffolk BOCES,
   24  but not a part, or subsidiary of either corporation which may be located
   25  at more than one location within the  corporate  boundaries  of  Eastern
   26  Suffolk BOCES or Western Suffolk BOCES as established by this act.
   27    4.  "The  board" shall mean, except where the context indicates other-
   28  wise, the governing board established pursuant to section three of  this
   29  act.
   30    S  3.  Organization  and  governance.  1.  Notwithstanding  any  other
   31  provision of law to the contrary, the Eastern Suffolk BOCES and  Western
   32  Suffolk  BOCES  shall  be  authorized  to jointly operate an educational
   33  program in accordance with this act, to be known as the  Suffolk  School
   34  of  Math,  Science  &  Engineering  Regional  Technology Institute. Such
   35  institute is not a part of either corporation and  is  a  new  corporate
   36  entity  that will provide a high school course of instruction for grades
   37  not lower than nine and  including  through  grade  twelve  designed  to
   38  afford expanded learning opportunities to students residing in the areas
   39  served by the Eastern Suffolk BOCES and the Western Suffolk BOCES in the
   40  areas  of  technology  as  well  as the core academic areas required for
   41  issuance of a high school diploma.
   42    2. The institute shall be subject to all laws, rules  and  regulations
   43  which  are  applicable  to  a  board of cooperative educational services
   44  unless otherwise provided for in this act. The  institute  shall  comply
   45  with  the  rules and regulations of the board of regents and the commis-
   46  sioner of education applicable to a high school  program  leading  to  a
   47  diploma,  including but not limited to course of study, academic content
   48  and achievement standards.
   49    3. The institute shall be subject to the oversight  of  the  board  of
   50  regents  and  shall  obtain financial audits in a manner consistent with
   51  provisions of law and regulations that are applicable to other  programs
   52  of a board of cooperative educational services.
   53    4. The Suffolk School of Math, Science & Engineering Regional Technol-
   54  ogy Institute shall be jointly operated by the Eastern Suffolk BOCES and
   55  Western  Suffolk  BOCES pursuant to an inter-municipal sharing agreement
   56  entered into pursuant to section 119-o of the general municipal law. The
       S. 1482                             3                            A. 1644
    1  governing boards of the Eastern Suffolk BOCES and Western Suffolk  BOCES
    2  shall  be combined to form a joint board that will operate the institute
    3  in accordance with the provisions of such  sharing  agreement  and  this
    4  act.  Persons  newly hired to provide services in the institute shall be
    5  deemed joint employees of such joint board, and not employees of  either
    6  corporation or board.
    7    Provided  however,  that the Eastern Suffolk BOCES and Western Suffolk
    8  BOCES may establish as part of the inter-municipal sharing agreement  an
    9  operational board to operate the Suffolk School of Math, Science & Engi-
   10  neering  Regional  Technology  Institute  on  behalf of the two BOCES in
   11  accordance with this act and such sharing  agreement.  This  operational
   12  board  shall be provided powers and duties consistent with the governing
   13  board provided for in this  act  and  in  such  inter-municipal  sharing
   14  agreement.    Provided  that  if  an operational board is established it
   15  shall be organized as follows. The operational board  shall  consist  of
   16  seven  members  appointed on the following basis: three members shall be
   17  members of the governing board of the Eastern Suffolk BOCES and shall be
   18  appointed by the governing board of the  Eastern  Suffolk  BOCES;  three
   19  members shall be members of the governing board of Western Suffolk BOCES
   20  and  shall be appointed by the governing board of Western Suffolk BOCES;
   21  one at large member shall be appointed by those members appointed to the
   22  operational board by the Eastern Suffolk BOCES and the  Western  Suffolk
   23  BOCES;  all appointments to the governing board of the Suffolk School of
   24  Math, Science & Engineering Regional Technology Institute shall  be  for
   25  three years with a term which shall commence on July first next succeed-
   26  ing  the  appointment,  provided  that  vacancies  on the board shall be
   27  filled by an appointment made by the original appointing authority,  and
   28  such  appointment shall be deemed effective immediately and shall be for
   29  a period of the remaining unexpired term.
   30    5. The board shall appoint an advisory council consisting of represen-
   31  tatives of the greater Long Island business community who have expertise
   32  in the training needs of high-tech and emerging industries and represen-
   33  tatives of institutions of higher  education  located  within  the  area
   34  served  by  Eastern  Suffolk BOCES and the Western Suffolk BOCES and any
   35  adjoining BOCES district who have a working knowledge of the science and
   36  technology curricula offerings in the region. The advisory council shall
   37  advise the board on the course of  study  of  the  institute;  means  of
   38  providing  students  with  educational  experiences  focused on emerging
   39  technologies,  project-based  learning  and  collaboration  within   the
   40  context  of  the  business  and learning community that directly connect
   41  student learning with real world experience in advanced technical facil-
   42  ities; and other matters relating to operation of the institute.
   43    S 4. Powers and duties of the board. The board shall have the  follow-
   44  ing powers and duties:
   45    1.  To  prescribe  and  operate  a  full-time course of study by which
   46  students attending the institute shall become eligible to receive a high
   47  school diploma to be awarded by their school district of residence. This
   48  course of study shall be supplemented by such  innovative  technological
   49  and related programs as may be deemed suitable by the board to implement
   50  the purposes of this act;
   51    2.  Based  upon a joint recommendation of the district superintendents
   52  of Eastern Suffolk BOCES and Western Suffolk BOCES and upon  a  majority
   53  vote  of  the board, to contract with and employ administrative officers
   54  and joint employees as the board deems prudent;
   55    3. To contract with  and  enter  into  cooperative  arrangements  with
   56  private  for  profit  and  not-for-profit entities as the board may deem
       S. 1482                             4                            A. 1644
    1  prudent in furtherance of the institute's supplemental innovative  tech-
    2  nological  activities  and related educational programs to implement the
    3  purposes of this act, provided that all  components  of  the  curriculum
    4  shall be taught or supervised by a certified teacher or certified teach-
    5  ing assistant under the supervision of a certified teacher; and
    6    4.  To determine the school calendar and school day schedule, which at
    7  a minimum, shall be  equal  to  the  instruction  time  required  to  be
    8  provided by public high schools.
    9    S 5. General requirements. The annual budget of the institute shall be
   10  subject  to  the  approval of the governing board of the Eastern Suffolk
   11  BOCES and Western Suffolk BOCES. The proposed budget shall be  submitted
   12  to  the boards of education of Eastern Suffolk BOCES and Western Suffolk
   13  BOCES by May first of the year preceding the year for which  the  budget
   14  shall apply. The proposed budget shall not take effect unless a majority
   15  of  members  of  each BOCES board shall approve the annual budget of the
   16  institute. If a majority of either BOCES board  fails  to  adopt  resol-
   17  utions approving such tentative budget, the administrators of the insti-
   18  tute  shall  prepare  a  contingency  budget  which shall not exceed the
   19  amount of the budget of the Suffolk School of Math, Science &  Engineer-
   20  ing Regional Technology Institute for the previous school year except to
   21  accommodate  expenditure  increases attributable to supplemental retire-
   22  ment allowances payable pursuant to section 532 of the education law and
   23  section 78 of the retirement and social security law. The  BOCES  boards
   24  shall  vote  on  approval of the proposed budget by a date determined by
   25  the commissioner of education. For purposes of development of  a  budget
   26  for  the  first  year  of  operation,  the BOCES board shall present the
   27  proposed budget to the commissioner of education by a date  the  commis-
   28  sioner  of  education shall determine and shall submit it to the commis-
   29  sioner of education for approval. Upon approval of the  commissioner  of
   30  education, the proposed budget shall be deemed the budget of the Suffolk
   31  School  of Math, Science & Engineering Regional Technology Institute for
   32  that school year. Upon adoption of a budget  for  the  institute  for  a
   33  school  year, costs shall be allocated between the Eastern Suffolk BOCES
   34  and Western Suffolk BOCES in the manner provided in the municipal  shar-
   35  ing agreement and shall be included in the budgets of the two BOCES.
   36    S  6. Employees of the institute. 1. The joint instructional employees
   37  shall be subject to Part 30 of the Rules of the Board of Regents.
   38    2. Persons employed in connection with the educational program of  the
   39  institute  shall be certified in accordance with the requirements appli-
   40  cable to other programs of a board of cooperative educational services.
   41    3. Any teacher employed in the public schools of  New  York  may  make
   42  written  application  for  a leave of absence to teach at the institute.
   43  If such approval is granted, the teacher may  return  to  teach  in  the
   44  school  district  during  such  period  of leave without the loss of any
   45  right, seniority, salary status or any other benefit provided by law  or
   46  by collective bargaining agreement.
   47    4.  All  persons  employed by the institute shall be considered public
   48  employees and shall receive all rights and privileges accorded thereto.
   49    5. Section 3014 of the  education  law  shall  be  applicable  to  all
   50  employees  who  would  be  governed  by  such section in a public school
   51  building.
   52    S 7. Admission to the institute. 1. Any student eligible  for  enroll-
   53  ment in grades nine through twelve of the public schools, residing with-
   54  in  a  component school district of the Eastern Suffolk BOCES or Western
   55  Suffolk BOCES that elects to participate in the institute or a  non-com-
   56  ponent  school  district  located  within the area served by the Eastern
       S. 1482                             5                            A. 1644
    1  Suffolk BOCES, or Western Suffolk BOCES which enters into  a  memorandum
    2  of understanding with the board to enroll students in the Suffolk School
    3  of  Math,  Science  & Engineering Regional Technology Institute shall be
    4  eligible to apply for admission to the institute.
    5    2.  The criteria for admission shall not be limited based on intellec-
    6  tual ability, measures of academic  achievement  or  aptitude,  athletic
    7  aptitudes,  disability,  race, creed, gender, national origin, religion,
    8  ancestry, or location of residence.
    9    3. To the extent that the number of qualified  applicants  may  exceed
   10  the number of available spaces, the institute shall grant admission on a
   11  random  selection basis, provided that an enrollment preference shall be
   12  provided to pupils returning to the  institute  in  the  second  or  any
   13  subsequent  year. The institute shall determine the tentative enrollment
   14  roster, notify the parents, or  those  in  parental  relation  to  those
   15  students,  and the resident school district by April first of the school
   16  year preceding the school year for which the admission  is  granted.  To
   17  determine  the  enrollment  roster  for the first year of operation, the
   18  institute shall notify the parents, or those  in  parental  relation  to
   19  those  students,  and  the resident school district by June thirtieth of
   20  the school year preceding the school year for  which  the  admission  is
   21  granted.
   22    4.  Students  attending the institute shall continue to be enrolled in
   23  their school district of residence, and each school  district  of  resi-
   24  dence  shall  be  responsible  for  issuance of a high school diploma to
   25  their resident  students  who  attended  the  institute  based  on  such
   26  students'  successful completion of the institute's educational program,
   27  as certified by the institute, provided that such diploma shall  contain
   28  an  annotation  indicating  the  student's  successful completion of the
   29  institute's program. The commissioner of education may establish special
   30  procedures for program review and accountability of the institute.
   31    S 8. Financing of the institute. 1. The board shall establish  in  its
   32  municipal sharing agreement a methodology for the apportionment of oper-
   33  ational  and  administrative  costs  including capital costs between the
   34  Eastern Suffolk BOCES and the Western Suffolk BOCES and  the  allocation
   35  of  costs  to  non-component  school  districts  located within the area
   36  served by either BOCES or located in a BOCES district which adjoins  the
   37  area  served  by  the Eastern Suffolk BOCES or the Western Suffolk BOCES
   38  which have entered into a memorandum of understanding with the board  to
   39  enroll  students  in  the  Suffolk School of Math, Science & Engineering
   40  Regional Technology Institute. The board is hereby authorized to provide
   41  in the municipal sharing agreement that Eastern Suffolk BOCES or Western
   42  Suffolk BOCES, or both entities act as a fiscal agent for the institute.
   43    2. Notwithstanding any other provision of law, rule or  regulation  to
   44  the  contrary,  the  commissioner  of  education  shall be authorized to
   45  approve the educational services and programs deemed necessary to  carry
   46  out the institute as aidable shared services pursuant to section 1950 of
   47  the  education  law,  and  to  approve  cooperative  services agreements
   48  ("CO-SERS") limited in scope to the institute. Program  and  administra-
   49  tive  costs,  including  capital  costs,  allocated  to component school
   50  districts in accordance with this act and section 1950 of the  education
   51  law  shall be eligible for BOCES aid as an aidable shared service pursu-
   52  ant to section 1950 of the  education  law  and  costs  allocated  to  a
   53  participating  non-component school district pursuant to a memorandum of
   54  understanding shall be aidable pursuant to subdivision 5 of section 1950
   55  of the education law to the same extent and on the same basis  as  costs
   56  allocated to a component school district.
       S. 1482                             6                            A. 1644
    1    3.  The  trustees  or  board  of  education  of a non-component school
    2  district located within the area served by the two boards of cooperative
    3  educational services or in an area served by  an  adjoining  BOCES,  may
    4  enter  into  a  memorandum of agreement with the board to participate in
    5  the institute for a period not to exceed 5 years upon such terms as such
    6  trustees  or  board  of  education  and  the  board  may mutually agree,
    7  provided that such agreement may provide for a charge for administration
    8  of the institute including capital costs, but  participating  non-compo-
    9  nent  school districts shall not be liable for payment of administrative
   10  expenses as defined in paragraph b of subdivision 4 of section  1950  of
   11  the  education  law,  unless  otherwise agreed upon by the board and the
   12  non-component school district.
   13    4. If educational programs operated by the  institute  result  in  the
   14  creation  of  revenue  for the institute the receipt and expenditure for
   15  such funds shall be deemed lawful, subject only to the requirement  that
   16  any  revenues so created shall be used for the educational betterment of
   17  the students through the advancement of  the  institution's  educational
   18  and  career  development activities.   The board is authorized to accept
   19  gifts, donations or grants of any kind made  to  the  institute  and  to
   20  expend  or  use  such  gifts, donations or grants in accordance with the
   21  conditions prescribed by the donor; provided,  however,  that  no  gift,
   22  donation  or  grant  may  be  accepted if subject to a condition that is
   23  contrary to any provision of law or the educational charter.    Notwith-
   24  standing  any inconsistent provisions of paragraph p of subdivision 4 of
   25  section 1950 of the education law or any other provision of law  to  the
   26  contrary, the board of the Suffolk School of Math, Science & Engineering
   27  Regional  Technology  Institute  may enter into a lease under the condi-
   28  tions specified in this act with respect to suitable  land,  classrooms,
   29  offices  or  buildings  upon  or  in  which to maintain and conduct such
   30  regional educational program and administrative offices for a period not
   31  to exceed thirty years.
   32    S 9. Any lease entered into pursuant to this  act  in  excess  of  ten
   33  years  shall  be  subject to the approval of the qualified voters of the
   34  component districts within the area served by the Eastern Suffolk  BOCES
   35  and  Western  Suffolk  BOCES,  and the qualified voters of non-component
   36  districts that enter into a memorandum of understanding with  the  board
   37  to  enroll  students  in  the  institute, through a referendum conducted
   38  pursuant to the  provisions  of  section  1951  of  the  education  law,
   39  provided  that  the Eastern Suffolk BOCES, the Western Suffolk BOCES and
   40  the non-component districts that  have  entered  into  a  memorandum  of
   41  understanding with the board and enroll students in the institute, shall
   42  be  deemed  to be a single supervisory district for such purpose, within
   43  one year of the effective date of this act. The approved costs  of  such
   44  lease  and  the  plans and specification of the leased facility shall be
   45  subject to review and approval by the commissioner of education in order
   46  to be eligible for aid pursuant to  paragraph  g  of  subdivision  5  of
   47  section  1950  of the education law as if it were a construction project
   48  with the payments amortized over thirty years, but  not  to  exceed  the
   49  cost  allowance established pursuant to subdivision 6 of section 3602 of
   50  the education law, provided that as a condition of receipt of  aid,  the
   51  lease  agreement  shall  provide that upon expiration of the term of the
   52  lease, title to the facility shall be conveyed to the BOCES in which the
   53  institute   is   located   or   successor   thereto,   for    use    for
   54  elementary/secondary educational purposes.
   55    S  10. Service of students who reside in adjoining BOCES districts. It
   56  is the intent of the legislature  to  allow  students  whose  geographic
       S. 1482                             7                            A. 1644
    1  proximity  to the Suffolk School of Math, Science & Engineering Regional
    2  Technology Institute make it possible to attend the  institute  notwith-
    3  standing  the  fact  that it may be geographically impractical for other
    4  students  at such BOCES to attend. Such agreements as shall be necessary
    5  as to effectuate that intent shall be made as provided for in this  act.
    6  Further,  if there is a demonstrated interest by students at neighboring
    7  BOCES districts, the board may elect to formally expand its service area
    8  and board by not more than ten new members upon such terms as  it  shall
    9  deem  appropriate,  provided,  however,  that such terms must rationally
   10  relate to the equitable distribution of costs to  such  BOCES  districts
   11  and the component school districts thereof.
   12    S  11.  1. All component school districts of Eastern Suffolk BOCES and
   13  Western Suffolk BOCES shall be deemed to participate  in  the  institute
   14  and  shall be eligible to have students enroll in the institute (follow-
   15  ing the enrollment processes set forth in this act) and shall  share  in
   16  the costs of the institute as set forth in this act unless any component
   17  school  district,  not  later than one year after this act becomes a law
   18  shall pass a resolution, which shall be filed with the superintendent of
   19  the board of cooperative educational services which the school  district
   20  is  a component of, indicating that such district chooses not to partic-
   21  ipate in the institute. No student who resides in a school district that
   22  chooses not to participate in the institute may attend the institute nor
   23  shall such school district have any liability to the institute nor shall
   24  any resident of such school district be a board  member  of  any  opera-
   25  tional board of the institute.
   26    2.  In  the  event any component school district passes the resolution
   27  described in subdivision 1 of this section,  such  school  district  may
   28  later  choose  to  participate  in  the  institute upon the request, via
   29  resolution, of the board of such component school district and upon such
   30  terms and conditions as may be approved by the operational board of  the
   31  institute  if  created  and  also  approved by a majority of the Eastern
   32  Suffolk BOCES board and a majority of the Western Suffolk BOCES board.
   33    S 12. This act shall take effect on  the  one  hundred  eightieth  day
   34  after it shall have become a law.