S T A T E   O F   N E W   Y O R K
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    S. 1768--A                                            A. 1213--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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  --  reported  favorably from said committee and committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  Introduced  by  M.  of A. ENGLEBRIGHT -- read once and
  referred to the Committee on Education -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

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

                                                           LBD06125-04-3

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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
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

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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
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 board is established it
shall be organized as follows. The operational board  shall  consist  of
seven  members  appointed on the following basis: three 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;  three
members shall be members of the governing board of Western Suffolk BOCES
and  shall be appointed by the governing board of Western Suffolk BOCES;
one at large member shall be appointed by those members appointed to the
operational board by the Eastern Suffolk BOCES and the  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;

S. 1768--A                          4                         A. 1213--A

  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
  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.

S. 1768--A                          5                         A. 1213--A

  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.
  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-

S. 1768--A                          6                         A. 1213--A

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
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

S. 1768--A                          7                         A. 1213--A

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
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 on  the  one  hundred  eightieth  day
after it shall have become a law.