Bill S4378-2011

Establishes the Hudson School of Math, Science and Engineering Regional Technology Institute; provides governing board powers and duties

Establishes the Hudson School of Math, Science and Engineering Regional Technology Institute; provides governing board, powers and duties; purpose being to expand learning opportunities, particularly in various high-tech fields for students in the Orange-Ulster BOCES and adjoining school districts.

Details

Actions

  • Jan 4, 2012: REFERRED TO EDUCATION
  • May 17, 2011: REPORTED AND COMMITTED TO FINANCE
  • Apr 1, 2011: REFERRED TO EDUCATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Education - May 17, 2011
Ayes (16): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Oppenheimer, Avella, Breslin, Serrano, Stavisky, Huntley
Ayes W/R (1): Addabbo
Excused (1): Montgomery

Memo

BILL NUMBER:S4378

TITLE OF BILL: An act to establish the Hudson School of Math, Science & Engineering Regional Technology Institute to provide instruction to students in the Orange-Ulster BOCES and the Ulster BOCES in a technology based learning process of core academic areas

PURPOSE: Establishes the Hudson School of Math, Science and Engineering Regional Technology Institute; providing a high school course of instruction for grades nine through twelve.

SUMMARY OF PROVISIONS: Section 1 establishes the legislative intent.

Section 2 establishes definitions of terms for "Orange-Ulster BOCES", "Ulster BOCES", "Hudson School of Math, Science & Engineering Regional Technology Institute", as well as, the "Board".

Section 3 authorizes the Orange-Ulster BOCES and Ulster BOCES to jointly operate an educational program to be known as the Hudson School of Math, Science & Engineering Regional Technology Institute, and sets forth the terms for which the Institute will operate. It also states that the Institute shall be operated pursuant to an inter-municipal sharing agreement pursuant to section 119-0 to the General Municipal Law. It also authorizes the creation of an operational board consisting of eight members (4 from each BOCES).

Section 3 also authorizes the creation of an Advisory Council consisting of area business leaders. The advisory council can advise on the means of providing educational experience relating to emerging technologies, project based learning and collaboration and course of study.

Section 4 of the bill sets forth the powers and duties of the Board such as prescribing a full time course of study, contracting with/and employ administrative officers as deemed necessary, contracting with private for profit and not-for-profit entities, determining the school calendar and proposing an annual school budget.

Section 5 of the bill sets forth the general requirements such as the annual budget of the institute shall be subject to the approval of the governing board of the Orange-Ulster and Ulster BOCES, when and to whom the budget shall be submitted. Provides that each BOCES Board must pass the budget or the budget automatically becomes the prior year's budget subject to changes relating to pension payment requirements. The Commissioner of Education also must approve the budget.

Section 6 of the bill states that the employees of the institute shall be subject to the rules of the Board of Regents and that they are public employees.

Section 7 of the bill relates to the eligibility of students for admission.

Section 8 of the bill requires the Board to establish in its municipal sharing agreement a methodology for the apportionment of operational and administrative costs including Capital costs between the Orange-Ulster BOCES and the allocation of non component school districts located within the area served by either BOCES. Subdivision 2 of this section authorizes the Commissioner of Education to approve the educational services and programs deemed necessary to carry out the Institute as aidable shared services pursuant to the Education Law and to approve cooperative services agreements.

Section 9 of the bill states 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.

Section 10 of the bill allows students whose geographic proximity to the Institute make it possible to attend and allows the Board to elect to formally expand its service area.

Section 11 of this bill states that all component school districts of Orange-Ulster BOCES and Ulster BOCES shall be deemed to participate in the Institute and shall be eligible to have students enroll in the Institute and shall share in the costs of the Institute as set forth in this act.

Section 12 of the bill sets the effective date.

EXISTING LAW: Provides for a Technology based high school in the Albany area as well as the New York City area.

JUSTIFICATION: The establishment of the Hudson Valley high school is a necessary component to the development of the greater Mid-Hudson 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 Mid-Hudson region and New York State by engaging students in rigorous and enriching educational experiences focused on emerging technologies. project based learning, collaboration and providing that experience in advanced technical facilities.

A similar school, Tech Valley High School, now operates to serve the children of the capital region. There are technology based schools in New York City. The two BOCES organizations involved here have endorsed this plan and the area business community has expressed its support for it.

LEGISLATIVE HISTORY: S.3184 of 2009: Referred to Education S.669 of 2007: Passed Senate, Referred to Education in Assembly S.8087 of 2006: Passed Senate, Referred to Education in Assembly

FISCAL IMPLICATIONS:

The State Education Department has estimated costs of $100,000 for the first year (after passage of this legislation) rising to $9.7 million in operating costs during the fifth year after the legislation's passage.

LOCAL FISCAL IMPLICATIONS: This will vary based on the BOCES formula. It is a reasonable estimate to believe that local costs will be between 40% and 60% of the total annual operating cost.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4378 2011-2012 Regular Sessions IN SENATE April 1, 2011 ___________
Introduced by Sens. BONACIC, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to establish the Hudson School of Math, Science & Engineering Regional Technology Institute to provide instruction to students in the Orange-Ulster BOCES and the Ulster BOCES in a technology 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 Hudson School of Math, Science & Engineering Regional Technology Institute. The Hudson 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 Orange-Ulster BOCES, the Ulster 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 regulations promulgated by the board of regents. The legislature hereby finds and declares that the establishment of the Hudson School of Math, Science & Engineering Regional Technology Institute is a necessary component to the development of the Mid-Hudson region of New York state and a neces- sary link to fostering the development and advancement of emerging tech- nologies. This school will advance the interests of the Orange-Ulster 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 experience within the context of a business and learning community for the purpose of directly connecting student learning with real world experience in advanced tech- nical facilities. It is expressly found that the establishment and oper-
ation 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 busi- nesses can work together with the board and school to create opportu- nities for students consistent with this act shall be deemed as a neces- sary feature to the successful operation of the Hudson 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 Hudson School of Math, Science & Engineering Regional Technology Institute. S 2. Definitions. 1. "Orange-Ulster BOCES" shall mean the Orange-Ul- ster board of cooperative educational services, and any successor enti- ty. 2. "Ulster BOCES" shall mean the Ulster board of cooperative educa- tional services and any successor entity. 3. "Hudson School of Math, Science & Engineering Regional Technology Institute" or "Institute" shall mean a new regional educational program operated jointly by the Orange-Ulster BOCES and Ulster BOCES, but not a part, or subsidiary of either corporation which may be located at more than one location within the corporate boundaries of Orange-Ulster BOCES or Ulster 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 Orange-Ulster BOCES and Ulster BOCES shall be authorized to jointly operate an educational program in accordance with this act, to be known as the Hudson 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 Orange-Ulster BOCES and the Ulster 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 Hudson School of Math, Science & Engineering Regional Technolo- gy Institute shall be jointly operated by the Orange-Ulster BOCES and Ulster BOCES pursuant to an inter-municipal sharing agreement entered into pursuant to section 119-o of the general municipal law. The govern- ing boards of the Orange-Ulster BOCES and Ulster 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 employ-
ees of such joint board, and not employees of either corporation or board. Provided however, that the Orange-Ulster BOCES and Ulster BOCES may establish as part of the inter-municipal sharing agreement an opera- tional board to operate the Hudson School of Math, Science & Engineering 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 established 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 Orange-Ulster BOCES and shall be appointed by the governing board of the Orange-Ulster BOCES; four members shall be members of the governing board of Ulster BOCES and shall be appointed by the governing board of Ulster BOCES; all appointments to the governing board of the Hudson School of Math, Science & Engineering Regional Tech- nology Institute shall be for three years with a term which shall commence on July first next succeeding 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 unex- pired term. 5. The board shall appoint an advisory council consisting of represen- tatives of the greater Mid-Hudson 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 Orange-Ulster BOCES and the Ulster BOCES and any adjoining BOCES district who have a working knowledge of the science and technolo- gy 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 busi- ness and learning community that directly connect student learning with real world experience in advanced technical facilities; 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 Orange-Ulster BOCES and Ulster 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 Orange-Ulster BOCES and Ulster BOCES. The proposed budget shall be submitted to the boards of education of Orange-Ulster BOCES and Ulster 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 resolutions approving such tentative budget, the administrators of the institute shall prepare a contingency budget which shall not exceed the amount of the budget of the Hudson School of Math, Science & Engineering Regional Technology Institute for the previous school year except to accommodate expenditure increases attributable to supplemental retirement 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 commissioner of education shall determine and shall submit it to the commissioner of education for approval. Upon approval of the commissioner of education, the proposed budget shall be deemed the budget of the Hudson 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 Orange-Ulster BOCES and Ulster BOCES in the manner provided in the municipal sharing 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 Orange-Ulster BOCES or Ulster BOCES that elects to participate in the institute or a non-component school district located within the area served by the Orange-Ulster BOCES, or Ulster BOCES which enters into a memorandum of understanding with the board to enroll students in the Hudson 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 Orange-Ulster BOCES and the Ulster 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 Orange-Ulster BOCES or the Ulster BOCES which have entered into a memorandum of understanding with the board to enroll students in the Hudson School of Math, Science & Engineering Regional Technology Insti- tute. The board is hereby authorized to provide in the municipal sharing agreement that Orange-Ulster BOCES or Ulster 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
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 Hudson 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 building 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 Orange-Ulster BOCES and Ulster 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 Orange-Ulster BOCES, the Ulster 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 super- visory district for such purpose, within one year of the effective date of this act. The approved costs of such lease and the plans and specifi- cation 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 thir- ty 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 Hudson 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 Orange-Ulster BOCES and Ulster BOCES shall be deemed to participate in the institute and shall be eligible to have students enroll in the institute (following 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 participate 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 Orange-Ul- ster BOCES board and a majority of the Ulster BOCES board. S 12. This act shall take effect immediately.

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