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.
