senate Bill S4378

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
May 17, 2011 reported and committed to finance
Apr 01, 2011 referred to education

Votes

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May 17, 2011 - Education committee Vote

S4378
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Education Committee Vote: May 17, 2011

aye wr (1)
excused (1)

Co-Sponsors

S4378 - Bill Details

Current Committee:
Senate Education
Law Section:
Education
Versions Introduced in 2009-2010 Legislative Session:
S3184

S4378 - Bill Texts

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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.

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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.

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

                                  4378

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02377-01-1

S. 4378                             2

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-

S. 4378                             3

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

S. 4378                             4

  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.

S. 4378                             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
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

S. 4378                             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 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.

S. 4378                             7

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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