S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3347 A. 5376
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
February 17, 2011
___________
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:
Section 1. Legislative intent. The purpose of this act is to establish
the Suffolk School of Math, Science & Engineering Regional Technology
Institute. The Suffolk School of Math, Science & Engineering Regional
Technology Institute shall provide a high school course of instruction
for grades nine through twelve, dedicated to providing expanded learning
opportunities to students residing in the Eastern Suffolk BOCES, the
Western Suffolk BOCES, and in the school districts of such adjoining
BOCES districts as who request to participate through agreement between
the BOCES superintendent and the board hereinafter established, the
areas of technology as well as the core academic areas required for the
issuance of high school diplomas in accordance with the rules and regu-
lations promulgated by the board of regents. The legislature hereby
finds and declares that the establishment of the Suffolk School of Math,
Science & Engineering Regional Technology Institute is a necessary
component to the development of the Long Island region of New York state
and a necessary link to fostering the development and advancement of
emerging technologies. This school will advance the interests of the
Suffolk area and New York state by engaging students in rigorous and
enriching educational experiences focused on emerging technologies,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06736-01-1
S. 3347 2 A. 5376
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
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
S. 3347 3 A. 5376
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 governing board is estab-
lished it shall be organized as follows. The operational board shall
consist of eight members appointed on the following basis: four members
shall be members of the governing board of the Eastern Suffolk BOCES and
shall be appointed by the governing board of the Eastern Suffolk BOCES;
four members shall be members of the governing board of Western Suffolk
BOCES and shall be appointed by the governing board of Western Suffolk
BOCES; all appointments to the governing board of the Suffolk School of
Math, Science & Engineering Regional Technology Institute shall be for
three years with a term which shall commence on July first next succeed-
ing the appointment, provided that vacancies on the board shall be
filled by an appointment made by the original appointing authority, and
such appointment shall be deemed effective immediately and shall be for
a period of the remaining unexpired term.
5. The board shall appoint an advisory council consisting of represen-
tatives of the greater Long Island business community who have expertise
in the training needs of high-tech and emerging industries and represen-
tatives of institutions of higher education located within the area
served by Eastern Suffolk BOCES and the Western Suffolk BOCES and any
adjoining BOCES district who have a working knowledge of the science and
technology curricula offerings in the region. The advisory council shall
advise the board on the course of study of the institute; means of
providing students with educational experiences focused on emerging
technologies, project-based learning and collaboration within the
context of the business and learning community that directly connect
student learning with real world experience in advanced technical facil-
ities; and other matters relating to operation of the institute.
S 4. Powers and duties of the board. The board shall have the follow-
ing powers and duties:
1. To prescribe and operate a full-time course of study by which
students attending the institute shall become eligible to receive a high
school diploma to be awarded by their school district of residence. This
course of study shall be supplemented by such innovative technological
and related programs as may be deemed suitable by the board to implement
the purposes of this act;
2. Based upon a joint recommendation of the district superintendents
of Eastern Suffolk BOCES and Western Suffolk BOCES and upon a majority
vote of the board, to contract with and employ administrative officers
and joint employees as the board deems prudent;
3. To contract with and enter into cooperative arrangements with
private for profit and not-for-profit entities as the board may deem
prudent in furtherance of the institute's supplemental innovative tech-
nological activities and related educational programs to implement the
S. 3347 4 A. 5376
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.
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
S. 3347 5 A. 5376
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-
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
S. 3347 6 A. 5376
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
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-
S. 3347 7 A. 5376
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 immediately.
