S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9760
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to  amend the education law, the arts and cultural affairs law,
   the agriculture and markets law, the banking law, the economic  devel-
   opment  law,  the civil practice law and rules, the civil service law,
   the elder law, the energy law, the environmental conservation law, the
   executive law, the general municipal law, the highway law, the  insur-
   ance  law,  the  labor  law, the local finance law, the mental hygiene
   law, the public authorities law, the public  health  law,  the  public
   officers law, the penal law, the real property tax law, the retirement
   and  social  security  law, the social services law, the state finance
   law, the tax law, the town law, the vehicle and traffic  law  and  the
   New  York  state  urban  development  corporation  act, in relation to
   renaming boards of cooperative educational services to NY  polytechni-
   cal institutes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 40 of the education law,  as
 amended  added by chapter 378 of the laws of 1972, is amended to read as
 follows:
                                ARTICLE 40
 
       [BOARDS OF COOPERATIVE EDUCATIONAL SERVICES] NY POLYTECHNICAL
                                INSTITUTES
 
   § 2. Section 1950 of the education law, as amended by chapter  583  of
 the  laws  of 1955 and as renumbered by chapter 378 of the laws of 1972,
 subdivision 1 as amended by chapter 396 of the laws  of  1974,  subdivi-
 sions  2  and 2-b and paragraphs a, b, and o of subdivision 4 as amended
 by chapter 295 of the laws of  1993,  subdivision  2-a  as  amended  and
 subparagraph  6  of paragraph b of subdivision 4 as added by chapter 602
 of the laws of 1994, paragraphs b and c of subdivision 2-a, subparagraph
 1 of paragraph a, subparagraph 1 of paragraph b, and paragraphs d and jj
 of subdivision 4 as amended by chapter 474 of the laws  of  1996,  para-

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

                                                            LBD10508-01-3
 A. 9760                             2
 
 graph f of subdivision 2-a as amended by chapter 61 of the laws of 2016,
 subdivision  3  as  amended by chapter 205 of the laws of 1969, subpara-
 graph 2 of paragraph a of subdivision 4 as amended by  section  52-l  of
 part  YYY of chapter 59 of the laws of 2019, subparagraph 3 of paragraph
 a of subdivision 4 as added by chapter 698 of the laws of 2003, subpara-
 graph 5 of paragraph b and paragraphs c  and  kk  of  subdivision  4  as
 amended  by chapter 378 of the laws of 2010, subparagraph 7 of paragraph
 b of subdivision 4 as amended by  chapter  739  of  the  laws  of  2004,
 subparagraph 2 of paragraph d of subdivision 4 as amended by chapter 396
 of the laws of 2012, subparagraph 2-a of paragraph d of subdivision 4 as
 added  by  section  10-e  of  part L of chapter 405 of the laws of 1999,
 paragraph f of subdivision 4 as amended by chapter 454 of  the  laws  of
 1974,  paragraph  h  of subdivision 4 as amended and paragraphs t, u, v,
 and x of subdivision 4 as added by chapter 795  of  the  laws  of  1967,
 subparagraph 2 of paragraph h of subdivision 4 as amended by chapter 422
 of  the  laws of 2012, subparagraph 4 of paragraph h of subdivision 4 as
 amended by chapter 17 of the laws of 2011,  subparagraphs  5  and  6  of
 paragraph  h and paragraph gg of subdivision 4 as amended by chapter 301
 of the laws of 1996, subparagraph 7 of paragraph h of subdivision  4  as
 added  by chapter 395 of the laws of 1984, subparagraph 8 of paragraph h
 of subdivision 4 as amended by section 1 of part J of chapter 56 of  the
 laws of 2015, subparagraph 10 of paragraph h of subdivision 4 as amended
 by  chapter  67  of  the laws of 2019, subparagraph 11 of paragraph h of
 subdivision 4 as added by chapter 181 of the laws of 2013,  subparagraph
 12  of  paragraph h of subdivision 4 as added by chapter 331 of the laws
 of 2019, subparagraph 13 of paragraph h of subdivision  4  as  added  by
 chapter 298 of the laws of 2020, paragraph k of subdivision 4 as amended
 by  chapter  263  of  the  laws of 2005, paragraph p of subdivision 4 as
 amended by chapter 404 of the laws of 1983, subparagraph (a) as  amended
 and subparagraph (c) of paragraph p of subdivision 4 as added by chapter
 374  of  the  laws  of  2014, paragraph q of subdivision 4 as separately
 amended by chapters 367 and 563 of the laws of 1979, paragraphs r and  w
 of subdivision 4 as amended by chapter 53 of the laws of 1990, paragraph
 s  of  subdivision  4 as added by chapter 983 of the laws of 1957, para-
 graph y of subdivision 4 as added by chapter 94 of  the  laws  of  1974,
 paragraph  y  of  subdivision  4  as added by chapter 328 of the laws of
 1974, paragraph z of subdivision 4 as added by chapter 786 of  the  laws
 of  1977,  paragraph  aa of subdivision 4 as added by chapter 595 of the
 laws of 1978, paragraph bb of subdivision 4 as added by  chapter  53  of
 the  laws  of  1984,  subparagraph 3 of paragraph bb of subdivision 4 as
 amended by section 2 of part A of chapter 60 of the laws of 2000,  para-
 graphs  cc and ee of subdivision 4 as amended by chapter 676 of the laws
 of 2004, paragraph dd of subdivision 4 as added by chapter  291  of  the
 laws  of  1985, paragraph ff of subdivision 4 as added by chapter 525 of
 the laws of 1986, paragraphs dd and ff as relettered   and paragraph  hh
 of  subdivision 4 as added by chapter 353 of the laws of 1988, paragraph
 gg of subdivision 4 as amended by chapter 301 of the laws of 1996, para-
 graph ii of subdivision 4 as added by chapter 274 of the laws  of  1990,
 paragraph  ll  of subdivision 4 as amended by chapter 147 of the laws of
 2001, subparagraph b of paragraph ll of  subdivision  4  as  amended  by
 chapter  179 of the laws of 2009, paragraph mm of subdivision 4 as added
 by chapter 180 of the laws of 2000, paragraph nn  of  subdivision  4  as
 added  by chapter 335 of the laws of 2005, paragraph oo of subdivision 4
 as added by section 1 of part D of chapter  56  of  the  laws  of  2018,
 subdivision 4-a as added by chapter 377 of the laws of 2001, subdivision
 5  as amended by chapter 53 of the laws of 1981, paragraph a of subdivi-
 A. 9760                             3
 
 sion 5 as amended by section 4 and  paragraph  g  of  subdivision  5  as
 amended  by section 5 of part C of chapter 57 of the laws of 2004, para-
 graph b of subdivision 5 as amended by chapter 130 of the laws of  2022,
 paragraph  h of subdivision 5 as added by section 1 of part L of chapter
 57 of the laws of 2005, subdivision 5-a as added by chapter  82  of  the
 laws  of  1995,  subdivision  7  as amended by chapter 38 of the laws of
 1994, subdivision 8 as amended by chapter  829  of  the  laws  of  1963,
 subdivision 8-a as added by chapter 762 of the laws of 1972, the opening
 paragraph  of  subdivision  8-a as amended by chapter 479 of the laws of
 2022, subdivision 8-b as added by chapter 53 of the laws of 1987, subdi-
 vision 8-c as added by section 14 of part A of chapter 436 of  the  laws
 of  1997, subdivision 8-d as added by section 31 of part A of chapter 56
 of the laws of 2022, subdivision 9 as added by chapter 295 of  the  laws
 of  1958,  subdivision  9-a  as added by chapter 21 of the laws of 1978,
 subdivision 10 as added by chapter 757 of the laws of 1971,  subdivision
 11  as amended by section 2 and paragraph c of subdivision 13 as amended
 by section 3 and paragraph e of subdivision 14 as amended by  section  4
 of  part  A-2 of chapter 62 of the laws of 2003, subdivision 13 as added
 by chapter 33 of the laws of 1976, subdivision 14 as  added  by  chapter
 728 of the laws of 1976, subdivision 18 as amended by chapter 175 of the
 laws  of  2000, and subdivision 19 as amended by chapter 510 of the laws
 of 2001, is amended to read as follows:
   § 1950. Establishment of [boards of cooperative educational  services]
 NY   POLYTECHNICAL  INSTITUTES  pending  the  creation  of  intermediate
 districts. 1. The boards of education and school trustees of a  supervi-
 sory  district which is not part of an intermediate district, meeting at
 a time and place to be designated  by  the  district  superintendent  of
 schools,  may,  by  a majority vote of their members present and voting,
 file with the commissioner of education a petition for the establishment
 of a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE for the purpose of carrying out a  program  of  shared  educational
 services  in  the  schools of the supervisory district and for providing
 instruction in such special subjects as the  commissioner  may  approve.
 The  commissioner,  by  order, may establish such [a board] AN INSTITUTE
 with membership of not less than five nor more than fifteen,  upon  such
 application  and  when a vacancy occurs in the office of district super-
 intendent of schools shall establish such [a board] AN INSTITUTE, unless
 the commissioner shall issue an order  pursuant  to  section  twenty-two
 hundred  one  OF  THIS CHAPTER redistricting the county so as to provide
 for a lesser number  of  supervisory  districts.  The  commissioner,  by
 order,  may  authorize [a board] AN INSTITUTE, established prior to July
 second, nineteen hundred sixty-five, to increase its membership  to  not
 less than five nor more than fifteen.
   2.  Upon  the  establishment  by the commissioner of such [a board] AN
 INSTITUTE, boards of education and school trustees, by a  vote  pursuant
 to subdivision two-a of this section shall elect [a board of cooperative
 educational  services]  THE  MEMBERS  OF THE NY POLYTECHNICAL INSTITUTE.
 Except for elections conducted pursuant to  subdivision  two-a  of  this
 section,  and the adoption of a public resolution regarding the approval
 or disapproval  of  the  tentative  administrative  budget  pursuant  to
 subparagraph  five  of  paragraph b of subdivision four of this section,
 component districts having more than five  board  of  education  members
 shall  be  limited to five votes on any matters relating to the district
 superintendency or  [board  of  cooperative  educational  services]  THE
 MEMBERS  OF  THE  NY POLYTECHNICAL INSTITUTE. A full term shall be three
 years to serve from July first next following election. It shall be  the
 A. 9760                             4
 
 duty  of  such  meeting by order of such meeting to divide into a suffi-
 cient number of classes the terms of the members of the [board of  coop-
 erative  educational  services]  NY  POLYTECHNICAL  INSTITUTE so that as
 nearly  as  possible  an equal number of members shall be elected to the
 board each year. Notwithstanding any other provision  of  this  subdivi-
 sion,  upon  the decrease of the full term of members from five to three
 years, the [board of cooperative educational services] NY  POLYTECHNICAL
 INSTITUTE shall direct that one or more members be elected for a term of
 one,  two  or four years in order to assure, as nearly as possible, that
 an equal number of members will be elected to the [board] INSTITUTE each
 year. Members of such [board] INSTITUTE shall be reimbursed  for  neces-
 sary  expenses  for attending meetings of such [boards] INSTITUTES.  The
 district superintendent shall be the executive officer  of  the  [board]
 INSTITUTE,  and  where  a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE comprises two or more supervisory districts  the
 district  superintendents,  together with the president of the [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE, shall  act
 as an executive committee.
   2-a.  a. Notwithstanding any other provision of law, commencing on and
 after the first day of  November,  nineteen  hundred  ninety-three,  the
 members  of a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE shall be elected in accordance with the provisions of this
 subdivision.
   b. Not later than the first day of February of each year the president
 of the [board of  cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE  shall  designate  a single date on or after the sixteenth day
 and on or before the thirtieth day of  April  on  which  each  component
 board,  other  than  the  board  of  education  of a central high school
 district, shall conduct a public meeting  which  may  be  a  regular  or
 special  meeting,  for  the purpose of electing members of the [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE and  adopt-
 ing  a  public  resolution concerning the approval or disapproval of the
 tentative administrative budget. In the case of a  central  high  school
 district,  such public meeting shall be held on the regular business day
 next following the date designated by the president  of  the  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE. Nomination
 of  a  person  to  be  elected  [to  a  board of cooperative educational
 services] AS A MEMBER OF A NY POLYTECHNICAL INSTITUTE shall be  made  by
 at  least  one  component  district by board resolution. Such resolution
 shall be transmitted in writing to the clerk of the  [board  of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE at least thirty
 days prior to the date of the election as designated by the president of
 the [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE.    No  nomination of a person to be elected [to a board of cooper-
 ative educational services] AS A MEMBER OF A NY POLYTECHNICAL  INSTITUTE
 from a component district which currently has a resident serving [on] AS
 A  MEMBER  OF  such  [board]  INSTITUTE  shall  be  accepted unless such
 member's office is to expire at the end of the current year, unless  the
 [size]  NUMBER  OF MEMBERS of such [board]  INSTITUTE exceeds the number
 of component  school  districts  or  unless  an  unrepresented  district
 declines  to  make  a  nomination. For purposes of this subdivision, any
 such person or [board] INSTITUTE  member  nominated  by  a  special  act
 school district, a central high school district or any district which is
 a component of a central high school district shall be deemed a resident
 of  the  district that nominated him or her only.  Furthermore, it shall
 be the duty of the [board of cooperative educational services] NY  POLY-
 A. 9760                             5
 
 TECHNICAL  INSTITUTE  to encourage the nomination of persons residing in
 component districts not  currently  represented  [on]  IN  such  [board]
 INSTITUTE.  The  clerk shall include the name and address of each person
 nominated  on  the  election ballot to be distributed in accordance with
 paragraph c of this subdivision.
   c. Members of the [boards  of  cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTES shall be elected by resolution of the component
 boards  on  a  ballot prepared by the clerk of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE. Such ballot  shall  be
 mailed  to  each component district no later than fourteen days prior to
 the date designated as the day of the election by the president  of  the
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE.
 Each component district shall be entitled to one vote  for  each  vacant
 office  to  be  filled. A component board [may] SHALL not cast more than
 one vote for any candidate. The candidates receiving a plurality of  the
 votes  cast for the several offices shall be elected, provided, however,
 that no more than one person residing in a particular component district
 may be elected to serve as a member of a [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE  at  one time unless the
 number of [seats on such board] MEMBERS OF SUCH  INSTITUTE  exceeds  the
 number  of  component  districts  or  unless  an  unrepresented district
 declines to make a nomination, provided further that a person  nominated
 by  a  special  act school district, a central high school district or a
 component of a central high school district shall be deemed  a  resident
 of  the  nominating  district only for this purpose. Where more than one
 position is to be filled by such election and there is a variance in the
 length of the terms for which such offices are to be filled  as  author-
 ized by this subdivision, or one or more persons are to be elected for a
 full  term  or  terms  and one or more persons are to be elected for the
 unexpired portion of a term or terms, or both, the  candidate  receiving
 the  greatest  number of votes shall be entitled to the longest term and
 candidates receiving the next highest number of votes,  to  the  several
 offices  in  decreasing  order  of the length of such terms or unexpired
 portions of such terms. Each component school  district  shall  mail  or
 deliver  its  completed ballot to the clerk of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE no later than one busi-
 ness day after the election.
   d. In the event that more eligible persons than the  number  remaining
 to  be  elected  receive  an equal number of votes sufficient that fewer
 persons receiving such number of votes would be elected,  the  president
 of  the  [board  of  cooperative  educational services] NY POLYTECHNICAL
 INSTITUTE shall call a run-off election to be  conducted  in  accordance
 with the provisions of paragraph c of this subdivision and to be held on
 a  date  within  twenty  days  of the initial vote. The only persons who
 shall be deemed nominated for such run-off election shall be the  candi-
 dates  who  have  received such equal number of votes. In the event that
 equal numbers of votes are received by eligible candidates  for  offices
 with  a  variance  in the length of the term of office but the number of
 votes received by such candidates is sufficient to  elect  each  of  the
 candidates [to the board of cooperative educational services] AS MEMBERS
 OF  THE  NY POLYTECHNICAL INSTITUTE, the candidates receiving such equal
 number of votes shall draw lots to determine who of them shall fill each
 such office.
   e. Notwithstanding any other provision  of  this  subdivision  to  the
 contrary,  in  the event a component school district will be transferred
 to a new supervisory district as of July first next succeeding the  date
 A. 9760                             6
 
 designated  for  the annual election of the [board of cooperative educa-
 tional services] MEMBERS OF THE NY  POLYTECHNICAL  INSTITUTE,  and  such
 component  district, as of April fifteenth of the current year, does not
 have a resident who is a member of the [board of cooperative educational
 services]  NY  POLYTECHNICAL  INSTITUTE  of  the supervisory district of
 which it is a component in the current  year,  such  component  district
 shall  be eligible to nominate candidates and vote in the annual [board]
 election of the [boards of cooperative educational services] MEMBERS  OF
 THE  NY POLYTECHNICAL INSTITUTES to which the component district will be
 transferred, as if such transfer had already occurred.
   f. In the event of a vacancy in the membership of a [board of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE, such [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE  may  fill
 such  vacancy  by appointment, provided that notification be provided to
 all component boards of such vacancy and that the component  boards  are
 given  ten  days  to  provide any comments and/or objections to fill the
 vacancy by appointment, and the person so appointed  shall  hold  office
 until  the next annual election of the [board of cooperative educational
 services] MEMBERS OF THE NY POLYTECHNICAL INSTITUTE.
   2-b. Where the commissioner of education has established or  hereafter
 establishes a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE for the purpose of carrying out a program of shared educa-
 tional services in the schools of two or more supervisory districts, the
 commissioner  may  by  order  designate  the  number  of members of such
 [board] INSTITUTE which shall not  be  less  than  five  nor  more  than
 fifteen,  or may by order increase the number of members of such [board]
 INSTITUTE to a maximum of fifteen or decrease the number of members to a
 minimum of five. Except for elections conducted pursuant to  subdivision
 two-a of this section, and the adoption of a public resolution regarding
 the  approval  or  disapproval  of  the  tentative administrative budget
 pursuant to subparagraph five of paragraph b of subdivision four of this
 section, component districts having more than five  board  of  education
 members  shall  be  limited to five votes on any matters relating to the
 district superintendency or [board of cooperative educational  services]
 MEMBERSHIP OF THE NY POLYTECHNICAL INSTITUTE.
   Boards  of  education  and school trustees, shall elect the members of
 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE pursuant to subdivision two-a of this section. A full term shall be
 three years to serve from July first next following election.  It  shall
 be  the  duty  of such meeting by order of such meeting to divide into a
 sufficient number of classes the terms of the members of the  [board  of
 cooperative  educational services] NY POLYTECHNICAL INSTITUTE so that as
 nearly as possible an equal number of members shall be  elected  to  the
 board  each  year.  Notwithstanding any other provision of this subdivi-
 sion, upon the decrease of the full term of members from five  to  three
 years,  the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall direct that one or more members be elected for a term of
 one, two or four years in order to assure, as nearly as  possible,  that
 an equal number of members will be elected to the [board] INSTITUTE each
 year.  Members  of [boards of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTES shall be  reimbursed  for  necessary  expenses  for
 attending  meetings of such [board] INSTITUTE. Where the [board of coop-
 erative educational  services]  NY  POLYTECHNICAL  INSTITUTE  MEMBERSHIP
 comprises  two  or  more supervisory districts, the district superinten-
 dents, together with the president of the [board of  cooperative  educa-
 A. 9760                             7

 tional  services]  NY POLYTECHNICAL INSTITUTE, shall act as an executive
 committee.
   3.  The  [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES in any two or more supervisory districts may cooperate in the
 provision of any of the services authorized by subdivision four of  this
 section.  In  such cases, the district superintendents of the respective
 supervisory districts shall serve as an executive committee to carry out
 the decision of the [boards  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTES  in their respective districts. Agreements may
 be made by such  [boards]  INSTITUTES  arranging  for  such  cooperative
 services  on such terms and conditions as may be agreed upon and provid-
 ing the method of allocation of the cost thereof. Such agreements may be
 made for such period as may be approved by the commissioner but  not  to
 exceed ten years. The terms of such agreement shall be binding upon such
 [boards]  INSTITUTES and their component districts for the period speci-
 fied in such agreement.
   4. [The board of cooperative educational services] A NY  POLYTECHNICAL
 INSTITUTE shall have the power and duty to:
   a.  (1)  Appoint  a  district  superintendent of schools in the manner
 provided in section twenty-two hundred four of this chapter, and in  its
 discretion  to  provide  for  the payment of supplementary salary to the
 district superintendent of schools by the supervisory district. The term
 of any employment contract or agreement between a  district  superinten-
 dent  and the [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE that is entered into or amended on or after the  effective
 date  of  this  subparagraph  shall  not  exceed  three years. Copies of
 employment contracts and  amendments  to  such  contracts  entered  into
 pursuant  to  this paragraph shall be filed with the commissioner within
 five days of execution.
   (2) Notwithstanding any inconsistent provision  of  law  in  no  event
 shall  the total salary including amounts paid pursuant to section twen-
 ty-two hundred nine of this chapter for district superintendents for the
 two thousand nineteen--two thousand twenty school year or any subsequent
 school year exceed: (i) one hundred six percent of the salary cap appli-
 cable in the preceding school year, or (ii) ninety-eight percent of that
 earned by the commissioner in the two  thousand  thirteen--two  thousand
 fourteen  state  fiscal  year,  whichever is less. In no event shall any
 district superintendent be permitted  to  accumulate  vacation  or  sick
 leave  credits  in  excess  of  the  vacation  and  sick  leave  credits
 managerial/confidential employees of the state are permitted to  accumu-
 late  pursuant  to  regulations  promulgated  by the state civil service
 commission, nor may any district superintendent at  the  time  of  sepa-
 ration from service be compensated for accrued and unused vacation cred-
 its  or  sick leave, or use accrued and unused sick leave for retirement
 service credit or to pay for health insurance in retirement, at  a  rate
 in  excess of the rate permitted to managerial/confidential employees of
 the state pursuant to regulations of the state civil service commission.
 In addition to the payment of supplementary salary, a [board of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE may provide for
 the payment of all or a portion of the cost of  insurance  benefits  for
 the  district  superintendent  of  schools, including but not limited to
 health insurance, disability insurance, life insurance or any other form
 of insurance benefit made available to managerial/confidential employees
 of the state; provided that any such  payments  for  whole  life,  split
 dollar  or  other  life  insurance policies having a cash value shall be
 included in the total salary of the district superintendent for purposes
 A. 9760                             8
 
 of this subparagraph, and provided further that  any  payments  for  the
 employee  contribution,  co-pay  or  uncovered  medical expenses under a
 health insurance plan also shall be included in the total salary of  the
 district  superintendent.  Notwithstanding  any  other provision of law,
 payments for such insurance benefits may be based on the district super-
 intendent's total salary or the amount of his or her supplementary sala-
 ry only. Any payments for transportation or travel expenses in excess of
 actual, documented expenses incurred in the performance  of  duties  for
 the  [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE or the state, and any  other  lump  sum  payment  not  specifically
 excluded  from  total  salary  pursuant  to  this subparagraph, shall be
 included in the total salary of the district superintendent for purposes
 of this subparagraph.  Nothing herein shall prohibit a  district  super-
 intendent  from  waiving any rights provided for in an existing contract
 or agreement as hereafter prohibited in favor of revised compensation or
 benefit provisions as permitted herein. In no event shall the  terms  of
 the  district superintendent's contract, including any provisions relat-
 ing to an increase in salary, compensation or other benefits, be contin-
 gent upon the terms of any contract or collective  bargaining  agreement
 between the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE  and  its  teachers  or  other employees. The commissioner may
 adopt regulations for the purpose of implementing the provisions of this
 paragraph.
   (3) Notwithstanding any provision of law to the contrary, any employee
 of a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE who is appointed as the district superintendent  of  schools  shall
 vacate  his  or her prior position with the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE upon appointment as district
 superintendent, and no district superintendent shall have a contract  of
 employment with the [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE other than a contract entered pursuant to this para-
 graph.
   b.  (1)  Prepare, prior to the annual meeting of members of the boards
 of education and school trustees, held as provided  in  paragraph  o  of
 this  subdivision,  a  tentative  budget of expenditures for the program
 costs, a tentative budget for capital costs, and a tentative budget  for
 the  administration  costs  of  the  [board  of  cooperative educational
 services] NY POLYTECHNICAL INSTITUTE.   Such budgets shall  include  the
 proposed budget for the upcoming school year, the previous school year's
 actual  costs  and  the  current  school year's projected costs for each
 object of expenditure. Such program, capital and administrative  budgets
 shall  be  separately  delineated  in  accordance with the definition of
 program, capital and administrative costs which shall be promulgated  by
 the  commissioner  after consultation with school district officials and
 the director of the budget. Personal service costs for each budget shall
 include the number of full-time equivalent positions  funded  and  total
 salary  and, except as noted herein, fringe benefit costs for such posi-
 tions by program. Each program budget shall also include the  local  and
 statewide  unit  costs  of  such  programs and services proposed for the
 upcoming school year, such actual unit costs  for  the  previous  school
 year,  and  the  current  school year's projected unit costs, all estab-
 lished in accordance with paragraph d of this subdivision.  The  capital
 budget  shall  include  facility  construction  and  lease  expenditures
 authorized pursuant to paragraphs  p,  t  and  u  of  this  subdivision,
 payments  for the repayment of indebtedness related to capital projects,
 payments for the acquisition or construction  of  facilities,  sites  or
 A. 9760                             9
 
 additions,  provided that such budget shall contain a rental, operations
 and maintenance section that will include base rent  costs,  total  rent
 costs, operations and maintenance charges, cost per square foot for each
 facility  rented  or  leased  by  such [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE, and any and all expenditures asso-
 ciated  with  custodial  salaries  and  benefits,   service   contracts,
 supplies,  utilities,  maintenance  and repairs for such facilities, and
 that such budget shall include the annual debt service  and  total  debt
 for  all  facilities  financed  by  bonds  or  notes  of  the  component
 districts, annual rental and lease payments and total rental  and  lease
 costs  for all facilities rented by such [board] INSTITUTE; such capital
 budget shall also include expenditures resulting  from  court  judgments
 and  orders from administrative bodies or officers, and, to the extent a
 [board's] INSTITUTE'S administrative budget has been  adopted,  one-time
 costs  incurred  in  the  first  year  in which an employee retires. The
 administrative budget shall include, but need not be limited to,  office
 and central administrative expenses, traveling expenses and salaries and
 benefits  of supervisors and administrative personnel necessary to carry
 out the central administrative duties of the supervisory  district,  any
 and  all  expenditures associated with the [board] INSTITUTE, the office
 of district  superintendent,  general  administration,  central  support
 services, planning, and all other administrative activities. Such admin-
 istrative  budget  shall also specify the amount of supplementary salary
 and benefits, if any, which the [board] INSTITUTE determines  should  be
 paid to the district superintendent of schools and the [board] INSTITUTE
 shall  append  to  such budget a detailed statement of the total compen-
 sation to be paid the district superintendent of schools by the  [board]
 INSTITUTE,  including  a  delineation  of the salary, annualized cost of
 benefits and any in-kind or other form of remuneration to be paid, plus,
 commencing with the presentation of the budget for the nineteen  hundred
 ninety-seven--ninety-eight  school  year,  a  list  of  items of expense
 eligible for reimbursement on expense accounts  in  the  ensuing  school
 year  and  a  statement  of  the amount of expenses paid to the district
 superintendent of schools in the prior year for purposes of carrying out
 his or her official duties.
   (2) The [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE shall provide copies of such tentative budgets and attachments
 to  the trustees or board of education of each component school district
 of the [board of  cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE at least ten days prior to the annual meeting held pursuant to
 paragraph  o  of  this subdivision. Such trustees or boards of education
 shall make such budgets available to the residents of  their  respective
 school districts upon request.
   (3)  The  [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall comply  with  any  reasonable  requests  for  additional
 information  not  contained in such budgets which may be requested prior
 to the annual meeting held pursuant to paragraph o of this subdivision.
   (4) The [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE  shall  give public notice of the annual meeting held pursuant
 to paragraph o of this subdivision by publishing a notice once each week
 within the two weeks preceding the annual meeting held  as  provided  in
 paragraph  o  of  this subdivision, the first publication to be at least
 fourteen days before such meeting, in two newspapers if there be two, or
 in one newspaper if there shall be but one, having  general  circulation
 within  the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE. If no newspaper shall have general circulation therein,  said
 A. 9760                            10
 
 notice  shall  be posted in at least twenty of the most public places in
 the [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE at least fourteen days before such meeting. Such notice shall state
 that  the  tentative  budgets will be presented by the [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE to  the  trustees
 or board of education of each component school district of the [board of
 cooperative  educational services] NY POLYTECHNICAL INSTITUTE in attend-
 ance at such meeting. Such notice shall also include a  summary  of  the
 tentative   administrative,  capital  and  program  budgets  in  a  form
 prescribed by the commissioner. The summary of the administrative budget
 shall include, but shall not be limited to, the salary and  benefits  of
 supervisors  and  administrative  personnel of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE and the  total  compen-
 sation  payable  to  the district superintendent of schools. Such notice
 shall also indicate when a copy of the tentative budgets will be  avail-
 able  for  inspection by the public during regular business hours at one
 or more locations specified in the notice.
   (5) The trustees or  board  of  education  of  each  component  school
 district of the [board of cooperative educational services] NY POLYTECH-
 NICAL  INSTITUTE  shall adopt a public resolution which shall approve or
 disapprove such tentative administrative budget at a regular or  special
 meeting  to be held within the component district on the date designated
 pursuant to subdivision two-a of this section as the date  for  election
 of  members  of the [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE, or in the case of  the  board  of  education  of  a
 central  high school district on the regular business day next following
 such designated date.
   If the resolutions adopted by the trustees or boards of education of a
 majority of the component school districts of the [board of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE actually voting approve
 the  tentative  administrative  budget, the [board of cooperative educa-
 tional services] NY POLYTECHNICAL  INSTITUTE  may  adopt  the  tentative
 administrative  budget without modification. If a majority of the compo-
 nent school districts actually voting fail to adopt resolutions  approv-
 ing  such tentative administrative budget, or if the number of component
 school districts approving  the  budget  equals  the  number  of  school
 districts disapproving the budget, the [board of cooperative educational
 services]  NY  POLYTECHNICAL INSTITUTE shall prepare and adopt a contin-
 gency administrative budget which shall not exceed  the  amount  of  the
 administrative budget of the [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE for the previous school year except to accom-
 modate  expenditure  increases  attributable  to supplemental retirement
 allowances payable pursuant to section five hundred thirty-two  of  this
 chapter  and section seventy-eight of the retirement and social security
 law.
   (6) Notwithstanding any other provision of this section, any component
 school district which will be transferred to a new supervisory  district
 as of July first next succeeding the date designated for the vote on the
 tentative  administrative budget shall vote on the administrative budget
 of the [board of  cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE  to  which  it  will  be  transferred, as if such transfer had
 already occurred. Where the commissioner has issued  an  order  for  the
 merger  of  two  or  more  supervisory  districts to take effect on July
 first, in the school year immediately preceding the merger, the  [boards
 of  cooperative  educational services] NY POLYTECHNICAL INSTITUTES to be
 merged shall jointly prepare a program, administrative and capital budg-
 A. 9760                            11
 
 et for the merged [board of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTE  and  shall jointly conduct a vote on the tentative
 administrative budget of the merged [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE in accordance with this paragraph
 as if the merger was already in effect. In the event such a merger  does
 not  take  effect on July first, the commissioner shall be authorized to
 order the [boards of cooperative educational services] NY  POLYTECHNICAL
 INSTITUTES  to  be merged to develop program, administrative and capital
 budgets and conduct a vote  on  administrative  budgets  in  the  manner
 prescribed  by  this section on dates other than those specified in this
 section.
   (7) Each component  school  district  shall  transmit  the  resolution
 either  approving  or disapproving the [board of cooperative educational
 services'] NY POLYTECHNICAL INSTITUTE'S tentative administrative  budget
 no  later  than  one business day after the adoption of such resolution.
 The [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE  shall,  no  later  than  the fifteenth day of May, adopt the final
 program, capital and administrative budgets for the ensuing year. Except
 as provided in paragraph d of  this  subdivision,  subparagraph  (a)  of
 paragraph p of this subdivision, and subdivision one of section nineteen
 hundred fifty-one of this article, such administrative and capital budg-
 ets,  when  so  adopted,  after  deducting state aid applicable thereto,
 shall be a charge against all of the component school districts  in  the
 supervisory  district and each component school district's proportionate
 share shall be determined  by  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE according to weighted average daily
 attendance  or  according  to  true  valuation  or according to resident
 public school district enrollment as defined in paragraph n of  subdivi-
 sion  one  of section thirty-six hundred two of this chapter except that
 only one method shall be applied among  the  component  districts  of  a
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 in any year, unless otherwise provided by law. In a  merged  supervisory
 district  in  the  county  of  Suffolk  each component school district's
 proportionate share of such administrative and capital  budgets  may  be
 determined  according to weighted average daily attendance, according to
 true valuation, or according to using the weighted average daily attend-
 ance for a certain percentage of the  cost  and  true  valuation  for  a
 certain percentage of administrative and capital costs. Such costs, in a
 merged  supervisory  district  in  the county of Suffolk, apportioned by
 using weighted average daily attendance  and  true  valuation  shall  be
 subject to adjustment by the [board of cooperative educational services]
 NY  POLYTECHNICAL  INSTITUTE  in  a manner that will minimize the annual
 change in costs for the greatest number  of  component  districts.  Such
 percentages  shall  be  established  by the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE upon  the  approval  of  the
 component  districts  subject to the final approval of the commissioner.
 It is further provided that such administrative budget approved  by  the
 [board]  INSTITUTE  shall  be  subject  to review by the commissioner to
 determine: (i) the level of administrative savings achieved by the merg-
 er and (ii) if such administrative savings equals or exceeds  the  level
 identified  by  the merger planning task force appointed by the district
 superintendent. If the [board of cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE determines to change the method of apportioning
 administrative costs and capital expenses  from  that  followed  in  the
 previous  year,  such  determination  may  be made only if the [board of
 cooperative  educational  services]  NY  POLYTECHNICAL   INSTITUTE   has
 A. 9760                            12
 
 conducted  a  hearing  at  a  regular or special meeting of such [board]
 INSTITUTE which all members of boards of education and  school  trustees
 have  been  invited  to  attend, such hearing to be held at least thirty
 days  prior  to the annual meeting of members of boards of education and
 school trustees. In the Putnam/North Westchester [board  of  cooperative
 educational   services]   NY  POLYTECHNICAL  INSTITUTE,  each  component
 district's proportionate share of such administrative and capital  budg-
 ets  may  also be determined by using the weighted average daily attend-
 ance for a certain percentage and  the  true  valuation  for  a  certain
 percentage. Such percentages shall be applied according to clause (i) of
 this subparagraph.
   (i)  The  three methods of apportionment of administrative and capital
 expenses are as follows: (1) in accordance  with  the  ratio  which  the
 component  school  district's  total full or true valuation in effect at
 the time of the adoption of the budget bears to the total true  or  full
 valuation  of all of the component school districts within the [board of
 cooperative educational services] NY  POLYTECHNICAL  INSTITUTE,  (2)  by
 dividing the total amount of such administrative and capital expenses by
 the  total  weighted  average daily attendance of pupils residing in all
 component school districts contained within the  [board  of  cooperative
 educational  services] NY POLYTECHNICAL INSTITUTE and attending a public
 school and multiplying by the weighted average daily attendance of  such
 resident  pupils  in  each  of the component school districts, or (3) by
 dividing the total amount of such administrative and capital expenses by
 the total resident public school district enrollment  of  all  component
 school  districts contained within the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE and  multiplying  by  the  resident
 public  school district enrollment of the component school districts. In
 addition, in a merged supervisory district in  the  county  of  Suffolk,
 where  a combination of the first and second methods could be applied as
 provided in the opening paragraph of this subparagraph may be  utilized.
 In  the  Putnam/North  Westchester  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE, where a combination of  the  first
 and  second  methods  is  utilized,  the  percentages  shall  be used as
 follows: for the two thousand five-two thousand six school year,  ninety
 percent  using true valuation and ten percent using the weighted average
 daily attendance; for the two thousand  six-two  thousand  seven  school
 year,  eighty  percent using true valuation and twenty percent using the
 weighted average daily attendance; for the two thousand seven-two  thou-
 sand  eight school year, seventy percent using true valuation and thirty
 percent using the weighted average daily attendance; for the  two  thou-
 sand eight-two thousand nine school year, sixty percent using true valu-
 ation and forty percent using the weighted average daily attendance; and
 for  the  two  thousand nine-two thousand ten school year and any school
 year thereafter, fifty percent using true valuation  and  fifty  percent
 using the weighted average daily attendance.
   (ii) If the [board of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTE  chooses  to  apportion  administrative costs and capital
 expenses according to full or true valuation, special  school  districts
 authorized  to receive state aid in accordance with chapter five hundred
 sixty-six of the laws of nineteen hundred sixty-seven, as amended, shall
 have their full value for purposes of this section computed by multiply-
 ing the resident weighted average daily attendance by the state  average
 full valuation per pupil as established by the commissioner for the year
 in which the budget is adopted. The school authorities of each component
 school  district  shall  add such amount to the budget of such component
 A. 9760                            13
 
 districts and shall pay such amount to the treasurer of  the  [board  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTE and shall
 be paid out by the treasurer upon the orders of the  [board  of  cooper-
 ative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  issued  and
 executed in pursuance of a resolution of said [board] INSTITUTE.
   c. Make or cause to be made surveys to determine the need for  cooper-
 ative  educational  services in the supervisory district and present the
 findings of their surveys to local school authorities.  Each  [board  of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  shall
 prepare long range program plans, including special education and career
 education program plans, to meet the projected need for such cooperative
 educational services in the supervisory district for the next five years
 as may be specified by the commissioner, and shall keep on file and make
 available for public inspection and  review  by  the  commissioner  such
 plans  and  thereafter  annual  revisions of such plans on or before the
 first day of December of each year, provided  that  such  plans  may  be
 incorporated into a [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE district-wide comprehensive plan.
   d.  (1)  Aidable  shared  services. At the request of component school
 districts, and with the approval of the commissioner, provide any of the
 following services on a cooperative basis: school nurse teacher, attend-
 ance supervisor, supervisor of teachers, dental hygienist, psychologist,
 teachers of art, music, physical education, career  education  subjects,
 guidance  counsellors,  operation  of  special classes for students with
 disabilities, as such term is defined in  article  eighty-nine  of  this
 chapter;  pupil  and financial accounting service by means of mechanical
 equipment; maintenance and operation of cafeteria or restaurant  service
 for  the  use  of  pupils  and  teachers while at school, and such other
 services as the commissioner may approve. Such cafeteria  or  restaurant
 service  may  be  used by the community for school related functions and
 activities and  to  furnish  meals  to  the  elderly  residents  of  the
 district,  sixty years of age or older. Utilization by elderly residents
 or school related groups shall be subject to the approval of  the  board
 of  education.  Charges  shall  be sufficient to bear the direct cost of
 preparation and serving of such meals, exclusive of any other  available
 reimbursements.
   (2)  Certain services prohibited. Commencing with the nineteen hundred
 ninety-seven--ninety-eight school year, the commissioner  shall  not  be
 authorized  to  approve  as  an  aidable shared service pursuant to this
 subdivision any cooperative maintenance services or municipal  services,
 including  but  not limited to, lawn mowing services and heating, venti-
 lation or air conditioning repair or maintenance or trash collection, or
 any other municipal services as defined  by  the  commissioner.  On  and
 after  the  effective date of this paragraph, the commissioner shall not
 approve, as an aidable shared service, any new  cooperative  maintenance
 or  municipal services for the nineteen hundred ninety-six--ninety-seven
 school year, provided that the commissioner may approve the continuation
 of such services for one year if provided in the nineteen hundred  nine-
 ty-five--ninety-six  school year. No service provided to an out-of-state
 school district pursuant to subparagraph ten  of  paragraph  h  of  this
 subdivision shall be eligible for aid.
   (2-a)  Cost effectiveness of instructional and non-instructional tech-
 nology. Notwithstanding any other  provision  of  this  section  to  the
 contrary, expenditures incurred pursuant to purchase and/or installation
 contracts  entered into on or after January fifteenth, two thousand, for
 A. 9760                            14
 
 the following categories of instructional and non-instructional technol-
 ogy purchase and installation:
   (i) computer equipment,
   (ii) conduits,
   (iii) wiring,
   (iv) powering and testing of hardware installations,
   (v)  all costs associated with lease or purchase of local or wide area
 network hardware located on district property, and
   (vi) incidental costs for original purchase and installation of  hard-
 ware,   including  installation  of  basic  operating  systems  software
 required for hardware testing, shall not be considered an aidable shared
 service unless the component school district is able to demonstrate that
 such shared service would be more cost-effective than would otherwise be
 possible if such services were to be purchased without  the  involvement
 of a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE.    Any aid that may be payable for such shared service pursuant to
 subdivision five of this section shall be excluded in the  demonstration
 and  determination  of  cost-effectiveness  and cost savings pursuant to
 this subdivision. The commissioner  shall  issue  guidelines  to  advise
 component school districts in their determination of cost-effectiveness.
 Notwithstanding  any  other  provision  of  law,  if  a component school
 district determines that any instructional and  non-instructional  tech-
 nology  purchase  and installation from the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE are not cost  effective,  as
 determined  pursuant  to  this  paragraph,  the commissioner shall, upon
 request, assist the school district to enter into a cooperative  service
 agreement  (CO-SER)  with  another  [BOCES]  NY POLYTECHNICAL INSTITUTE,
 which is cost effective in the provision of  such  technology  purchases
 and installations.
   (3)  Requests  for  shared  services; operating plan; required notice.
 Requests for such shared services shall be  filed  by  component  school
 districts  with the [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE not later than the first day  of  February  of  each
 year,  provided  that such requests shall not be binding upon the compo-
 nent school district. The [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE shall submit its proposed annual operating  plan
 for  the  ensuing  school  year to the department for approval not later
 than the fifteenth day of February of each year. Such [board]  INSTITUTE
 shall,  through  its  executive  officer,  notify  each component school
 district on or before the tenth day of  March  concerning  the  services
 which  have  been  approved by the commissioner to be made available for
 the ensuing school year. Such notice shall set forth the  local  uniform
 cost of each such service, based on (i) anticipated participation in the
 ensuing school year, or (ii) participation in the current year, or (iii)
 a two or three year average including participation in the current year,
 which  unit  cost  shall  be  the  same  for all participating component
 districts and shall be based upon a uniform methodology approved annual-
 ly by at least three-quarters  of  the  participating  component  school
 districts  after  consultation  by  local  school  officials  with their
 respective boards; provided, however, such unit cost shall be subject to
 final adjustment for programs for students with  disabilities  based  on
 actual participation in accordance with regulations of the commissioner.
 Notwithstanding the determination of the local uniform unit cost method-
 ology selected in accordance with this paragraph, each [board of cooper-
 ative  education  services]  NY  POLYTECHNICAL  INSTITUTE shall annually
 report to the commissioner the budgeted unit cost and,  when  available,
 A. 9760                            15
 
 the  actual  unit cost of such programs and services, in accordance with
 both the local uniform unit cost methodology  and  a  statewide  uniform
 unit  cost  methodology  prescribed  by  the commissioner by regulation,
 where the budgeted statewide unit cost shall be based on the anticipated
 participation  in  the  ensuing  year and the actual statewide unit cost
 shall be based on actual participation through the end of each year.
   (4) Contracts for shared services; allocation of costs. Each component
 school district shall on or before the first day of May  following  such
 notification  notify  the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE of  its  intention  to  participate  or  not  to
 participate in such shared services and the specific services which such
 district elects to utilize. Each participating component school district
 shall be required to pay the [board of cooperative educational services]
 NY  POLYTECHNICAL  INSTITUTE  for  the cost of the services set forth in
 such notification, except for adjustments caused by subsequent  unantic-
 ipated  changes  in the district's enrollment. The [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  shall  enter  into
 contracts  with  its  component  school  districts  for  such  requested
 services. A copy of each executed contract for  such  purpose  shall  be
 filed  with  the  commissioner  by the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE on or prior to  the  first  day  of
 August  of  each  year. Notwithstanding the provisions of paragraph b of
 this subdivision, any component school district which does not elect  to
 participate  in  any such specific cooperative services authorized under
 this paragraph shall not be required to pay  any  share  of  the  moneys
 provided  in  the  budget  as  salaries  of  teachers or other personnel
 employed in providing such service, for equipment and supplies for  such
 service or for transportation of pupils to and from the place where such
 service  is  maintained. Provided, further, that a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE may allocate  the  cost
 of  such services to component school districts in accordance with terms
 agreed upon between such [board] INSTITUTE  and  three-quarters  of  the
 boards of education and trustees of local school districts participating
 in the service.
   (5)  Operating  plan  and  budget;  unanticipated shared services. The
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 shall  submit  to the commissioner on or before the first day of June an
 operating plan and budget based upon the request for services  which  it
 has  received from its component school districts. Such submission shall
 include the budgeted unit cost of programs and services  based  on  both
 the  local  and  the  statewide uniform unit cost methodologies for each
 program and service offered by the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE.  A [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE which receives requests  for
 unanticipated  shared  services subsequent to the adoption of its budget
 shall submit an amended operating plan including such additional  shared
 services  to  the commissioner, together with a statement from the chief
 school administrator of each school district which  has  requested  such
 services  indicating  the  availability  of  funds  in the budget of the
 school district to pay for such district's share of  the  cost  of  such
 additional  services. Such amended plan shall be submitted in the manner
 and form prescribed by regulations of the commissioner.  The  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE shall allo-
 cate  the  cost  of  providing such additional shared services among the
 component school districts which have requested such services, and shall
 contract with the component school districts for such services.  A  copy
 A. 9760                            16
 
 of  each contract for this purpose shall be filed by the [board of coop-
 erative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  with  the
 commissioner  not  more  than  thirty days from its execution. An annual
 program  report and evaluation for each school year as prescribed by the
 commissioner, shall be submitted by the  [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL INSTITUTE to the commissioner on or
 before the first day of September following such school year.
   e. Upon the recommendation of the district superintendent, employ such
 administrative assistants,  teachers,  supervisors,  clerical  help  and
 other personnel as may be necessary to carry out its program.
   f.  Receive  all  reimbursements  from  public funds on account of the
 cooperative educational services performed under its  jurisdiction,  and
 allocate  the  costs  of  cooperative  educational activities and shared
 services including administrative and clerical costs against the  compo-
 nent  school  districts and receive and disburse the same, and to appor-
 tion surpluses and assessments for services  on  the  basis  of  partic-
 ipation  to  those  components and to those school districts outside the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 contracting  for  such  programs, and to apportion surpluses and assess-
 ments for administrative expenses to all component districts.  All  such
 apportionments shall be made annually.
   g.  Borrow  money in anticipation of revenue due the [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE.
   h. (1) Arrange cooperative educational services with and if  necessary
 make  contracts  covering  same  with  other  public agencies for shared
 services and to produce educational television materials  and  programs,
 and  to own or lease television facilities and to enter into appropriate
 contracts concerning the same.
   (2) To enter into contracts with the United  States  of  America,  the
 State of New York, any school district, community college, public insti-
 tution  of higher education, independent institution of higher education
 eligible for aid under section sixty-four hundred one of  this  chapter,
 public  libraries,  or  public  agency in relation to the program of the
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 and  any  such school district, community college, institution of higher
 education, or public agency is hereby authorized and empowered to do and
 perform any and all acts necessary or  convenient  in  relation  to  the
 performance of any such contracts.
   (3)  To enter into contracts with school districts which are component
 districts in the [board of cooperative educational  services]  NY  POLY-
 TECHNICAL  INSTITUTE for the education by such component school district
 or districts of children who reside within  the  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE in the program of the
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 and  for  all purposes of this chapter in such event such children shall
 be deemed attending classes maintained  by  the  [board  of  cooperative
 educational  services] NY POLYTECHNICAL INSTITUTE.  School districts are
 hereby authorized and empowered to do  and  perform  any  and  all  acts
 necessary  or  convenient  in  relation  to  the performance of any such
 contracts.
   (4) To enter into contracts with nonpublic  schools  to  provide  data
 processing services for pupil personnel records and other administrative
 records  of  the  nonpublic  schools  and the processing of fingerprints
 utilized in criminal history record checks for those  nonpublic  schools
 that  elect  to  require such criminal history record checks pursuant to
 A. 9760                            17
 
 paragraph (a) of subdivision thirty of section  three  hundred  five  of
 this chapter.
   (5)  To  enter  into  contracts with the United States of America, the
 state of New York, any community  college,  agricultural  and  technical
 college  or  other  public  agency  for  the purpose of providing career
 education programs to such agencies. Any such proposed contract shall be
 subject to the review and approval of the  commissioner,  who  may  only
 approve  such proposed contract when, in his opinion, such contract will
 result in a more economical utilization of existing  career  and  career
 education  resources  than  would  be  achieved  were  such contract not
 approved. The commissioner shall issue a finding in  writing  in  making
 all determinations pursuant to this article.
   (6)  To  enter  into  contracts  with  not-for-profit  corporations to
 participate in federal programs relating to career training and  experi-
 ence. Any such proposed contract shall be subject to review and approval
 of the commissioner, who may approve such proposed contract only when in
 his  opinion  such  contract will result in increased or improved career
 opportunities. The commissioner shall issue  a  finding  in  writing  in
 making all determinations pursuant to this subparagraph.
   (7)  To enter into contracts with the state of New York, any community
 college, agricultural and technical college, or public  agency  for  the
 purpose  of  providing electronic data processing services to such agen-
 cies. Any such proposed contract shall be  subject  to  the  review  and
 approval  of  the  commissioner,  who  may  only  approve  such proposed
 contract when, in his opinion, such contract will not disrupt the  level
 of  services provided to component school districts and will result in a
 more economical utilization of existing  [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE computer facilities. The
 commissioner shall issue a finding in writing  in  making  all  determi-
 nations pursuant to this subparagraph.
   (8)  To  enter  into  contracts with the commissioner of the office of
 children and family services pursuant to subdivision  six-a  of  section
 thirty-two  hundred  two  of this chapter to provide to such office, for
 the benefit of youth in its custody,  any  special  education  programs,
 related services, career and technical education services and music, art
 and  foreign  language  programs  provided  by the [board of cooperative
 educational services] NY POLYTECHNICAL  INSTITUTE  to  component  school
 districts. Any such proposed contract shall be subject to the review and
 approval of the commissioner to determine that it is an approved cooper-
 ative educational service.  Services provided pursuant to such contracts
 shall  be  provided  at  cost, and the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE shall not be authorized  to  charge
 any  costs  incurred  in providing such services to its component school
 districts.
   (10) To enter into contracts of no more than five years and subject to
 the sunset date of this subparagraph, with out-of-state schools for: (a)
 special education; and/or (b) career and technical  education  services;
 and/or  (c) for the use of existing products that demonstrate how to map
 the next generation  standards  to  assessments;  and/or  (d)  providing
 access to existing webinars or online courses relating to implementation
 of the next generation standards; for providing professional development
 to  educators;  and/or  (e) technology products developed for the use of
 school districts located in New York state, including computer  programs
 and  software  packages that help students learn and assist districts in
 achieving greater efficiencies. For purposes of  this  subparagraph,  an
 out-of-state  school  shall mean a public elementary or secondary school
 A. 9760                            18
 
 or a degree granting institution of higher education, located outside of
 New York state; provided further  for  purposes  of  providing  services
 authorized  in  clauses  (c),  (d) and (e) of this subparagraph, out-of-
 state  shall also include schools located outside the continental United
 States. Any contract shall be approved by the commissioner,  the  [board
 of  cooperative educational services] NY POLYTECHNICAL INSTITUTE and the
 district superintendent of schools,  provided  such  services  are  made
 available  to  any  school  district within the supervisory district and
 that the requirements of this subparagraph are met.  Contracts  must  be
 executed by the [board of cooperative educational services] NY POLYTECH-
 NICAL  INSTITUTE and the trustees or boards of education of such out-of-
 state schools and shall only authorize out-of-state students to  partic-
 ipate  in an instructional program if such services are available to all
 eligible students in New York state schools in the  component  districts
 and  the number of participating out-of-state students only comprises up
 to five percent of the total number of the total  enrolled  students  in
 the  instructional  program  at  the  [board  of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE and that the [board of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE spends no more than
 thirty percent of  its  employees'  time  on  services  to  out-of-state
 schools pursuant to this subparagraph. To be approved by the commission-
 er,  the  contract  and  any  business  plan, shall demonstrate that any
 services provided to out-of-state schools pursuant to this  subparagraph
 shall  not  result  in  any  additional costs being imposed on component
 school districts and that any payments received by the [board of cooper-
 ative educational services]  NY  POLYTECHNICAL  INSTITUTE  for  services
 provided  in  this  subparagraph  that  exceed any cost to the [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE for provid-
 ing such services shall be applied to reduce the costs of aidable shared
 services allocated to component school districts pursuant to paragraph d
 of this subdivision and shall also be applied  to  reduce  the  approved
 cost  of services pursuant to subdivision five of this section. Services
 provided by a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE to component districts  at  the  time  of  approval  of  a
 contract  under this paragraph shall not be reduced or eliminated solely
 due to a [board of cooperative educational services']  NY  POLYTECHNICAL
 INSTITUTE'S  performance of services to out-of-state schools pursuant to
 this paragraph.
   (11) To enter into  contracts  with  individual  public  libraries  or
 public  library systems for the purpose of providing high-speed telecom-
 munications services including, but not limited to, high-speed  internet
 services.  Any such proposed contract shall be subject to the review and
 approval of  the  commissioner,  who  may  only  approve  such  proposed
 contract  when, in such commissioner's opinion, such contract:  (a) will
 result in a more economical utilization of existing [boards  of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTES high-speed tele-
 communications  services  or  resources than would be achieved were such
 contract not approved; (b) will not disrupt the  level  of  services  to
 component  school  districts;  and  (c) will result in a more economical
 utilization of existing library resources. The commissioner shall  issue
 a finding, in writing, making any determination pursuant to this subpar-
 agraph.  Such  services to public libraries and library systems shall be
 provided at cost and shall not be eligible for aid pursuant to  subdivi-
 sion five of this section.
   (12)  To enter into contracts with preschool special education program
 providers approved pursuant to section forty-four hundred  ten  of  this
 A. 9760                            19
 
 chapter  to  process services relating to online application systems for
 educators.
   (13)  To  establish,  upon  local  interest from one or more component
 school districts and subject to approval by the [BOCES board  of  educa-
 tion]  NY  POLYTECHNICAL  INSTITUTE,  an  agriculture  program  that  is
 designed to provide students with the skills required to  work  in,  and
 help sustain New York's agriculture industry.  Such program may include,
 but  not  be  limited to, a partnership with farms and other agriculture
 entities in the state that provide  students  with  hands-on  experience
 combined with other educational opportunities.
   i. Make such reports as are required by the commissioner of education.
   j.  Appoint  one  of  its  members as president, one of its members or
 another qualified voter in a district within the supervisory district as
 clerk and another qualified voter in a district within  the  supervisory
 district  as  treasurer.  The duties of the clerk and treasurer shall be
 the same as those established by statute and regulations of the  commis-
 sioner  of  education  for  clerks  and  treasurers of union free school
 districts.
   k. Designate a depositary within the territorial limits of any  compo-
 nent district for the deposit of money in the manner provided by section
 ten  of  the general municipal law. The receipt, deposit, investment and
 disbursement of moneys, and all procedures relating thereto,  including,
 but not limited to the requirements for signatures, the appointment of a
 claims  auditor to approve claims for purchases, and the optional use of
 claim forms, and the establishment of an internal audit function,  shall
 be subject to the laws relating to union free school districts.
   m.  At the request of officials of school districts, created by legis-
 lative act, within the territory of a [board of cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE, provide services as outlined in
 paragraph d of this subdivision. For  such  districts,  there  shall  be
 apportioned  from  state  funds to the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE a sum equal to one-half  the  total
 cost of the approved services provided to such school district.
   n. In those counties where taxes other than those on real property are
 applied  to  school  purposes,  the  tax rate shall be deemed to be that
 which would result  if  such  taxes  had  not  been  applied  to  school
 purposes.
   o. A meeting of members of the boards of education and school trustees
 of the component districts shall be held during the month of April on or
 before  the  fifteenth  day  of April, on a date and at a place and hour
 designated by the president of the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE.    The tentative administrative
 capital and program budgets of the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE shall be available for inspection
 of the boards of education and school trustees at such  meeting.  Notice
 of  the  date,  time and place of such meeting shall be given to each of
 the members of the boards of education and trustees and to the clerk  of
 each  of  the  component  school districts by mail addressed to the last
 known address of such persons at least fourteen days prior to the  meet-
 ing.
   p.    (a) To rent suitable land, classrooms, offices or buildings upon
 or in  which  to  maintain  and  conduct  such  cooperative  educational
 services and administrative offices for a period not to exceed ten years
 for leases entered into with public entities and twenty years for leases
 entered  into  with non-public entities and to improve, alter, equip and
 furnish such land, classrooms, offices or buildings in a suitable manner
 A. 9760                            20
 
 for such purposes, provided that: (1) before executing  any  lease,  the
 [board]  NY POLYTECHNICAL INSTITUTE shall adopt a resolution determining
 that such agreement is in the best financial interests of the superviso-
 ry  district and stating the basis of that determination; (2) the rental
 payment shall not be more than the fair market value  as  determined  by
 the [board] NY POLYTECHNICAL INSTITUTE and provided to the commissioner;
 (3)  The  [board]  NY  POLYTECHNICAL INSTITUTE discloses any conflict of
 interest pursuant to subparagraph (c) of this paragraph,  or  any  other
 potential or perceived conflict of interest, to the commissioner, and in
 the event of a conflict of interest or a potential or perceived conflict
 of  interest, provides detailed documentation to the commissioner demon-
 strating that the cost of the lease is not more than fair market  value;
 and  (4) upon the consent of the commissioner, renewal of such lease may
 be made for a period of up to ten years. Nothing contained herein  shall
 prevent  the  [board]  NY  POLYTECHNICAL  INSTITUTE from entering into a
 lease agreement which provides for the cancellation of the same by  such
 [board]  NY  POLYTECHNICAL INSTITUTE upon: (i) a substantial increase or
 decrease in pupil enrollment; or (ii) a substantial change in the  needs
 and  requirements  of  a  [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE with respect to facilities; or (iii)  any  other
 change which substantially affects the needs or requirements of a [board
 of  cooperative  educational services] NY POLYTECHNICAL INSTITUTE or the
 community in which it is located. No lease or  other  contract  for  the
 occupancy  of  such  land,  classrooms,  offices  or  buildings shall be
 enforceable against the [board of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTE  unless  and  until  the  same  shall have been
 approved in writing by the commissioner. In the case of a  lease  longer
 than ten years, the commissioner's written approval must include a find-
 ing that the proposed lease complies with all requirements of this para-
 graph  and  would  be  more  cost-effective than a lease of ten years or
 fewer.
   (b) To lease unneeded facilities to public or private agencies,  indi-
 viduals, partnerships, or corporations, with the approval of the commis-
 sioner  of  education,  and  for  a term not to exceed five years, which
 shall be renewable with the approval of the commissioner of education.
   (c) [if] IF any member [of the board of  education  of  the  board  of
 cooperative  educational services], officer or employee of the [board of
 cooperative educational  services]  NY  POLYTECHNICAL  INSTITUTE  has  a
 financial interest, either direct or indirect, in any lease to which the
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 is, or is to be, a party, such interest shall be disclosed to [the board
 of education of] such [board of  cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE in writing and shall be set forth in the minutes
 of  the  board  of  education  of  the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE. The member,  officer  or  employee
 having  such  interest shall not participate in any action by the [board
 of cooperative educational services]  NY  POLYTECHNICAL  INSTITUTE  with
 respect to such lease.
   q. To provide transportation for pupils to and from classes maintained
 by  such  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE at the  request  of  one  or  more  school  districts.  School
 districts  and [boards of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTES are authorized to enter into contracts with one or more
 school districts, private contractors, and one or more [boards of  coop-
 erative educational services] NY POLYTECHNICAL INSTITUTES and any munic-
 ipal  corporation  and authority to provide such transportation. [Boards
 A. 9760                            21

 of cooperative educational services]  NY  POLYTECHNICAL  INSTITUTES  may
 operate  joint or regional transportation systems for the transportation
 authorized by articles seventy-three and eighty-nine  of  this  chapter.
 Such  transportation, except when provided by a political subdivision or
 a  [board  of  cooperative  educational   services]   NY   POLYTECHNICAL
 INSTITUTE,  shall be subject to the requirements of subdivision fourteen
 of section three hundred five of the education law.
   r. With the approval of the district superintendent of schools and  of
 the commissioner of education to furnish any of the educational services
 provided  for  in this section or any other section of law which author-
 izes such [board] NY POLYTECHNICAL  INSTITUTE  to  provide  services  to
 school districts outside of the supervisory district, upon such terms as
 may  be  agreed  upon  pursuant  to contracts executed by such [board of
 cooperative educational services] NY  POLYTECHNICAL  INSTITUTE  and  the
 trustees or boards of education of such school districts.
   s.  Provide  [workmen's] WORKERS' compensation coverage as provided in
 the [workmen's] WORKERS' compensation law for  all  teachers  and  other
 employees for injuries incurred in actual performance of duty.
   t. When authorized by the qualified voters of the [board] NY POLYTECH-
 NICAL  INSTITUTE,  to  purchase or otherwise acquire buildings, sites or
 additions thereto, to purchase or otherwise acquire  real  property  for
 any lawful purpose and to construct buildings thereon.
   u.  To  purchase necessary furniture, equipment, implements, apparatus
 and supplies.
   v. To accept gifts of real and personal property.
   w. To furnish any of the services provided for in this section or  any
 other  section  of  law  which  authorizes such [board] NY POLYTECHNICAL
 INSTITUTE to provide services to school districts outside of the  [board
 of  cooperative  educational  services] NY POLYTECHNICAL INSTITUTE, with
 the approval of the commissioner of education and of the district super-
 intendent of schools or superintendents of schools  having  jurisdiction
 of  such school districts for a period of not to exceed five years, upon
 such terms as may be agreed upon pursuant to contracts executed  by  the
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 and the trustees or boards of education of such school districts.
   x. To sell, when authorized by the qualified voters of the  [board  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTE, any real
 property the title of which is  vested  in  the  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE and buildings thereon
 and appurtenances or any part thereof at such price and upon such  terms
 as  shall be prescribed in such resolution; also, when so authorized, to
 exchange real property belonging to the  [board  of  cooperative  educa-
 tional services] NY POLYTECHNICAL INSTITUTE for the purpose of improving
 or  changing school sites. The proceeds of such sale shall be applied as
 provided by the resolution authorizing such sale.
   y. To enter into agreements for the lease of personal property. Before
 executing any such agreement, the  [board]  NY  POLYTECHNICAL  INSTITUTE
 shall  adopt a resolution determining that such agreement is in the best
 financial interests of the [board of cooperative  educational  services]
 NY  POLYTECHNICAL  INSTITUTE, which resolution shall state the basis for
 that determination. Such agreements shall  be  subject  to  the  bidding
 requirements of the general municipal law. No agreement for the lease of
 personal property may be made for a term in excess of five years, begin-
 ning with the time of receipt of possession of the subject of the lease.
   [y.] Y-1. Notwithstanding any other provision of this section and with
 the  consent  of the commissioner, the [board of cooperative educational
 A. 9760                            22

 services] NY POLYTECHNICAL INSTITUTE of the county of Oswego  may  enter
 into  contracts  with the county of Oswego to provide transportation for
 handicapped children in the county of Oswego to and from any facility or
 institution  for  educating  handicapped children within or without such
 county.
   z. To furnish, with the approval of the commissioner of education, for
 an amount not less than the  cost  thereof,  any  of  the  instructional
 support  services  provided to component school districts, including but
 not limited  to  audio-visual  materials  and  related  media  services,
 curricular  materials, in-service education programs and pupil personnel
 services for the diagnosis of handicapping conditions, to any nonpublic,
 not-for-profit elementary or secondary school in the state of  New  York
 which  provides  the  instruction required by section thirty-two hundred
 four and article seventeen of this chapter, and which  is  chartered  by
 the  regents or registered with or subject to examination and inspection
 by the state education department.
   aa. Notwithstanding any other provision of law, a  [board  of  cooper-
 ative  educational  services]  NY  POLYTECHNICAL INSTITUTE may, with the
 prior written approval of the commissioner, contract to  accept  from  a
 leasing  company  which  has  qualified as lowest bidder pursuant to the
 provisions of the general municipal law a  sum  sufficient  to  purchase
 data processing equipment from the manufacturer thereof, pay such sum to
 the  manufacturer  of  said  equipment,  receive the equipment and title
 thereto and convey the same to the leasing company with  a  simultaneous
 lease  of the equipment from such leasing company to the [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE for a specified
 period of years. Before any such agreement shall be executed, the [board
 of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE  shall
 adopt a resolution determining that such agreement is in the best finan-
 cial interest of the [board] INSTITUTE.  Such lease may be renewed for a
 further specified period of years with the prior approval of the commis-
 sioner of education.
   bb.  [Boards  of  cooperative  educational  services] NY POLYTECHNICAL
 INSTITUTES may provide academic and other programs and services  in  the
 school  year  on  a  cooperative  basis,  including  summer programs and
 services. (1) Requests to provide such programs and  services  shall  be
 filed annually with the commissioner for approval.
   (2)  The  commissioner  may approve such programs and services only if
 they (a) are requested by two or more component  school  districts;  (b)
 will  provide  additional opportunities for pupils; (c) will be expected
 to result in a  cost  savings  to  the  two  or  more  component  school
 districts requesting the programs and services; (d) will provide greater
 opportunity for pupils, including those with handicapping conditions, to
 earn  credit for academic subjects and (e) will insure a greater or more
 appropriate use of facilities  by  [boards  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTES.
   (3)  Such  programs and services may include, but shall not be limited
 to (a) expansion of itinerant teaching  services  in  advanced  academic
 subject  courses;  (b)  academic  course  offerings at regular [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE centers  or
 at  leased  sites  during  the  school year or summer school periods, as
 requested  by  component  districts;  (c)  block  scheduling  to  enable
 students  to  attend  classes  at  a  [board  of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE center for an  entire  school  day;
 (d)  satellite  offerings  of specific concentrations or specializations
 sponsored by [boards of cooperative educational services] NY POLYTECHNI-
 A. 9760                            23

 CAL INSTITUTES at local schools, with  cross-contracting  for  services;
 (e)  expanded  use  of  interactive television and other technologies to
 offer academic courses on site or at component school districts; and (f)
 programs  of academic intervention services approved by the commissioner
 designed to  fulfill  the  academic  intervention  services  requirement
 imposed by the regulations of the commissioner, provided that in approv-
 ing  such  programs  and services for the two thousand--two thousand one
 school year or  thereafter,  the  commissioner  shall  assure  that  the
 program  or  service  results  in  a  cost  savings to all participating
 districts, disregarding any aid pursuant to  subdivision  five  of  this
 section.
   (4)  Such  programs or services if approved by the commissioner, shall
 be eligible for aid pursuant to subdivision five of this section.
   (5) A teacher whose position in a school district is abolished as  the
 result  of  a  takeover  of an academic program by a [board or boards of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE  OR  INSTI-
 TUTES  shall  be  accorded the rights provided by section thirty hundred
 fourteen-a of this chapter.
   (6) To implement a program or service approved under this paragraph, a
 school district may transport pupils to the site of a [board of  cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE program in those
 cases where a pupil otherwise would be entitled  to  transportation  but
 for  the  fact  that  the program is at the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE and not at a school  of  the
 district.  Under  these  circumstances,  for  those  purposes of article
 seventy-three of this chapter, the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE site shall be considered a school.
   cc.  Upon  approval by a vote of the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE, establish and maintain  a  program
 of  reserves  not to exceed three per centum of the annual budget of the
 district to cover property loss and  liability  claims.  Separate  funds
 shall  be  established for property losses and for liability claims, and
 the separate identity of each such fund shall be maintained whether  its
 assets  consist  of cash or investments or both. The money in such funds
 shall be deposited and secured in the manner provided by section ten  of
 the  general  municipal  law. The moneys so deposited shall be accounted
 for separate and apart from all other funds of the district, in the same
 manner as provided in subdivision ten of section six-c  of  the  general
 municipal  law.  The  moneys in such funds may be invested in the manner
 provided by section eleven of the general municipal  law.  Any  interest
 earned  or  capital gain realized on the money so deposited shall accrue
 and become part of such funds. Such reserve funds shall not  be  reduced
 to  amounts less than the total of the amounts estimated to be necessary
 to cover incurred but unsettled claims or suits  including  expenses  in
 connection  therewith  other  than by payments for losses for which such
 reserve amounts were established, except that such [board] NY  POLYTECH-
 NICAL INSTITUTE may authorize use of such funds other than amounts allo-
 cated  for  unsettled  claims  or suits including expenses in connection
 therewith to pay premiums for insurance  policies  purchased  to  insure
 subsequent  losses  in  areas  previously  self-insured, in the event of
 dissolution of the self-insurance plan.
   dd. Provide for activities and services pertaining to the arts at  the
 request  of  one  or more school districts. Such activities and services
 shall be eligible for aid and shall include,  but  not  be  limited  to,
 programs with, and performances by, artists or organizations approved by
 the  commissioner  of  education.  [Boards  of  cooperative  educational
 A. 9760                            24

 services] NY POLYTECHNICAL  INSTITUTES  are  authorized  to  enter  into
 contracts  with  one or more school districts, or [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES.
   ee.  Upon  approval by a vote of the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE and of the boards of education of a
 majority of the school  districts  participating  in  the  instructional
 program  of  such [board] NY POLYTECHNICAL INSTITUTE, establish a career
 education instructional equipment reserve fund for the  replacement  and
 purchase of advanced technology equipment used in instructional programs
 conducted  by  the  [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE.  Subject to a limitation imposed by  regulation  of
 the  commissioner  on  the  amount  of  money which may be maintained in
 equipment reserve funds established pursuant to this  paragraph,  moneys
 for  such funds shall be obtained by including depreciation expenses for
 the career education instructional equipment used in providing  instruc-
 tional services on a cooperative basis in the computation of the cost of
 such services pursuant to paragraph d of this subdivision. Proceeds from
 the  sale  of  career  education  instructional  equipment  used  in the
 instructional programs of the [board] NY POLYTECHNICAL INSTITUTE and any
 income earned on money deposited in a reserve fund shall become part  of
 such  fund.  The  moneys in such funds shall be deposited and secured in
 the manner provided by section ten of the  general  municipal  law.  The
 moneys  so  deposited shall be accounted for separate and apart from all
 other funds of the district, in the same manner as provided in  subdivi-
 sion  ten  of  section six-c of the general municipal law. The moneys in
 such funds may be invested by  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNIAL  INSTITUTE in the manner provided by section
 eleven of the general municipal law. In the  event  a  career  education
 instructional  equipment  reserve fund is liquidated, the moneys in such
 fund shall be allocated to the school  districts  participating  in  the
 instructional   programs   of  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE in proportion to the value  of  the
 contributions  to  the  fund  made  by  the participating districts. The
 commissioner may promulgate regulations pertaining, but not limited,  to
 the  amount  of money to be retained in such reserve funds, the types of
 equipment for which depreciation expenses may be charged and  for  which
 expenditures  may be made from the reserve fund, and required documenta-
 tion of transactions relating to such funds.
   ff. In its discretion, to purchase insurance against personal injuries
 incurred by an authorized participant in  a  school  volunteer  program,
 including  but  not limited to, those authorized participants who assist
 on school buses, school sponsored transportation to and from school,  or
 on  school sponsored field trips or any other school sponsored activity;
 provided, however, that the injuries were incurred while the  authorized
 participant  was  functioning  either  within  the  scope  of his or her
 authorized volunteer duties or under  the  direction  of  the  board  of
 education,  trustee,  or  [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE, or both.
   gg. Notwithstanding any other provision of law, a  [board  of  cooper-
 ative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  may provide
 training for employment to adults  on  a  space  available  basis,  with
 consideration  given to occupations and industries in demand, and estab-
 lish reduced adult tuition rates for such training. For the purposes  of
 this  section,  training  for  employment  for  adults  shall be offered
 through state approved sequences or parts thereof  of  secondary  career
 education instruction. Adults may participate in such instruction and be
 A. 9760                            25
 
 awarded  certificates  of completion, but they may not earn credit based
 on their participation  towards  a  high  school  diploma.  Pursuant  to
 section  forty-six  hundred two of this chapter, a [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  may establish such
 reduced rates for participation of adults provided that participation is
 limited to assigned instructional staff and currently used facilities in
 scheduled secondary career education programs, and provided further that
 such rates may not be less than  fifty  percent  of  the  tuition  rates
 charged  to school districts for the participation of secondary students
 in the same programs, unless waived by the commissioner based on  appli-
 cation of the [board of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTE.    This participation of adults at reduced tuition rates
 shall be in accordance with terms agreed upon by the [board  of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE and the component
 school districts receiving such services but in no case shall such rates
 result   in  extraordinary  costs  assigned  to  such  component  school
 districts. [Boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES which provide such training to adults  shall  submit  to  the
 commissioner annually a report which shall include but not be limited to
 the  number  of  adults  served,  referral source, training sequences or
 parts thereof taken by adult participants, the tuition rates charged  to
 them, and the gross revenues realized therefrom. For the purpose of this
 paragraph, "adult" shall mean any person under the age of twenty-one who
 has received a high school diploma or any person twenty-one years of age
 or older, whether or not they have received a high school diploma.
   hh.  Provide  for  activities and services pertaining to environmental
 education at the request of more than one school district.  Such  activ-
 ities  and  services each of which shall not exceed three weeks duration
 to be eligible for aid and shall include programs with and  performances
 by  individuals  or  organizations  with special skills essential to the
 activity or service, but not appropriate to full time [boards of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTES  staff.  [Boards
 of  cooperative  educational  services]  NY POLYTECHNICAL INSTITUTES are
 authorized to enter into contracts with  individuals,  public  agencies,
 and  not-for-profit  corporations  to  carry  out the provisions of this
 paragraph, subject to the approval of the commissioner.
   ii. Enter into agreements with  one  or  more  financing  agencies  to
 provide for the acceptance by such [board] NY POLYTECHNICAL INSTITUTE of
 credit  cards  as  a  means  of  payment  of course fees or tuition when
 required for instructional programs offered by such  [board  of  cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE. Any such agree-
 ment shall govern the terms and conditions  upon  which  a  credit  card
 proffered  as  a  means  of  payment  of  such  fees or tuition shall be
 accepted or declined and the manner in and  conditions  upon  which  the
 financing  agency  shall  pay to such [board] NY POLYTECHNICAL INSTITUTE
 the amount of such fees or tuition paid by means of a credit card pursu-
 ant to such agreement. Any such agreement may provide for the payment by
 such [board] NY POLYTECHNICAL INSTITUTE to such financing agency of fees
 for the services provided by such financing agency. For purposes of this
 paragraph, the following terms shall have the following meanings:
   (1) "Credit card" means any credit card, credit plate,  charge  plate,
 courtesy  card, debit card or other identification card or device issued
 by a person to another person which may be used to obtain a cash advance
 or a loan or credit or to purchase a lease property or services  on  the
 credit  of the person issuing the credit card or a person who has agreed
 A. 9760                            26
 
 with the issuer to pay obligations arising from the use of a credit card
 issued to another person.
   (2) "Financing agency" means any agency defined as such in subdivision
 eighteen of section four hundred one of the personal property law;
   (3)  "Person"  means  an  individual,  partnership, corporation or any
 other legal or commercial entity.
   jj. To contract to furnish any of the services provided  for  in  this
 section  to  component  school  districts  of  the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE, with the  approval  of
 the commissioner, for a period not to exceed five years, upon such terms
 as  may be agreed upon pursuant to such contracts executed by the [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE and  the
 trustees  or boards of education of such school districts, provided that
 any such contract entered into, extended or amended  on  or  after  July
 first, nineteen hundred ninety-six shall be consistent with the require-
 ments  of paragraph d of this subdivision and subdivision one of section
 nineteen hundred fifty-one of this article regarding the  allocation  of
 costs  to  component  school districts based upon the local uniform unit
 cost of each such service.
   kk. For the nineteen hundred  ninety-seven--ninety-eight  school  year
 and thereafter, the [board of cooperative educational services (BOCES)]
 NY  POLYTECHNICAL  INSTITUTE shall prepare [a BOCES] AN INSTITUTE report
 card, pursuant to regulations of the commissioner,  and  shall  make  it
 publicly  available  by  transmitting  it to local newspapers of general
 circulation, appending it to copies of the proposed administrative budg-
 et made publicly available as required by law, making it  available  for
 distribution  at  the  annual meeting, and otherwise disseminating it as
 required by the commissioner. Such report card shall include measures of
 the academic  performance  of  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE, on a school by school or program
 by program basis, and measures of the fiscal performance of the supervi-
 sory district, as prescribed by  the  commissioner.  Pursuant  to  regu-
 lations  of  the  commissioner, the report card shall also compare these
 measures to statewide averages for all  [boards  of  cooperative  educa-
 tional  services]  NY POLYTECHNICAL INSTITUTES.   Such report card shall
 include any information required by the commissioner.
   ll. a. Shall require, for purposes of a criminal history record check,
 the fingerprinting of all  prospective  employees  pursuant  to  section
 three thousand thirty-five of this chapter, who do not hold valid clear-
 ance  pursuant  to  such  section  or pursuant to section three thousand
 four-b of this chapter or section five hundred nine-cc or twelve hundred
 twenty-nine-d of the vehicle and traffic law. Prior  to  initiating  the
 fingerprinting  process,  the  prospective  employer  shall  furnish the
 applicant with the form described in paragraph (c) of subdivision thirty
 of section three hundred five of  this  chapter  and  shall  obtain  the
 applicant's consent to the criminal history records search. Every set of
 fingerprints  taken pursuant to this paragraph shall be promptly submit-
 ted to the commissioner for purposes of clearance for employment.
   b. Upon the recommendation of the district superintendent, the [board]
 NY POLYTECHNICAL  INSTITUTE  may  conditionally  appoint  a  prospective
 employee.  A request for conditional clearance shall be forwarded to the
 commissioner along with  the  prospective  employee's  fingerprints,  as
 required  by paragraph a of this subdivision. Such appointment shall not
 commence until notification by the  commissioner  that  the  prospective
 employee  has been conditionally cleared for employment and shall termi-
 nate forty-five days after such notification of conditional clearance or
 A. 9760                            27
 
 when the prospective employer is notified  of  a  determination  by  the
 commissioner  to  grant or deny clearance, whichever occurs earlier, and
 may not be extended or renewed unless  the  commissioner  issues  a  new
 conditional  clearance after finding that there was good cause for fail-
 ing to obtain clearance within such period, provided that  if  clearance
 is  granted,  the  appointment shall continue and the conditional status
 shall be removed. Prior to commencement of such conditional appointment,
 the prospective employer shall obtain a signed statement for conditional
 appointment from the prospective employee, indicating  whether,  to  the
 best of his or her knowledge, he or she has a pending criminal charge or
 criminal conviction in any jurisdiction outside the state.
   c. Upon the recommendation of the district superintendent, the [board]
 NY POLYTECHNICAL INSTITUTE may make an emergency conditional appointment
 when an unforeseen emergency vacancy has occurred. When such appointment
 is made, the process for conditional appointment pursuant to paragraph b
 of  this  subdivision  must  also  be  initiated.  Emergency conditional
 appointment may commence prior to notification from the commissioner  on
 conditional  clearance but shall terminate twenty business days from the
 date such appointment commences or  when  the  prospective  employer  is
 notified  by the commissioner regarding conditional clearance, whichever
 occurs earlier, provided that if conditional clearance is  granted,  the
 appointment  shall  continue  as a conditional appointment. Prior to the
 commencement of such appointment, the prospective employer must obtain a
 signed statement for emergency conditional appointment from the prospec-
 tive employee, indicating whether, to the best of his or her  knowledge,
 he  or  she  has a pending criminal charge or criminal conviction in any
 jurisdiction. An unforeseen emergency vacancy shall be defined as: (i) a
 vacancy that occurred less than ten business days before  the  start  of
 any  school  session,  including  summer  school,  or  during any school
 session, including summer school, without sufficient notice to allow for
 clearance or conditional clearance; (ii) when no other qualified  person
 is  available  to fill the vacancy temporarily; and (iii) when emergency
 conditional appointment is necessary  to  maintain  services  which  the
 district is legally required to provide or services necessary to protect
 the  health, education or safety of students or staff. The provisions of
 subparagraph (i) of this paragraph shall not apply  if  the  [board]  NY
 POLYTECHNICAL  INSTITUTE finds that the district has been unable to fill
 the vacancy despite good faith efforts to fill such vacancy in a  manner
 which  would  have  allowed sufficient time for clearance or conditional
 clearance.
   d. Shall develop a policy for the safety  of  the  children  who  have
 contact  with  an  employee holding conditional appointment or emergency
 conditional appointment.
   mm. Shall upon  commencement  and  termination  of  employment  of  an
 employee  by the [board] NY POLYTECHNICAL INSTITUTE, provide the commis-
 sioner with the name of and position held by such employee.
   nn. Notwithstanding any other provision of this section and  with  the
 consent  of  the  commissioner, the Madison-Oneida [board of cooperative
 educational services]  NY  POLYTECHNICAL  INSTITUTE  may  enter  into  a
 contract or contracts not to exceed a total period of two years with the
 Madison  Cortland  ARC  to provide transportation maintenance and repair
 services on buses owned and operated by the Madison  Cortland  ARC.  The
 Madison-Oneida  [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE shall not charge any portion of costs incurred  pursuant
 to this paragraph to its component school districts.
 A. 9760                            28
 
   oo.  Notwithstanding  any  other provision of law, a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE is authorized  to
 enter  into  a memorandum of understanding with the trustees or board of
 education of a non-component  school  district,  including  city  school
 districts of cities with one hundred twenty-five thousand inhabitants or
 more,  to  participate in a recovery high school program operated by the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  a  period not to exceed five years upon such terms as such trustees
 or  board  of  education  and  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE may mutually agree, provided that
 such agreement may provide for a charge for administration of the recov-
 ery high school program including capital costs, but participating  non-
 component  school  districts shall not be liable for payment of adminis-
 trative expenses as defined in paragraph b of this subdivision.    Costs
 allocated to a participating non-component school district pursuant to a
 memorandum  of  understanding  shall  be aidable pursuant to subdivision
 five of this section to the same extent and on the same basis  as  costs
 allocated to a component school district.
   4-a.  The [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall develop a plan to ensure that all instructional  materi-
 als  to be used in the programs of the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE are available in a usable  alterna-
 tive  format  for  each student with a disability, as defined in section
 forty-four hundred one of this chapter, and for each student  who  is  a
 qualified  individual with a disability as defined in the rehabilitation
 act of nineteen hundred ninety-three (29  U.S.C.  701)  as  amended,  in
 accordance  with  his  or her educational needs and course selection, at
 the same time as such instructional materials are available to non-disa-
 bled students. As part of such plan, the [board  of  cooperative  educa-
 tional  services] NY POLYTECHNICAL INSTITUTE shall amend its procurement
 policies to give a preference in the purchase of instructional materials
 to vendors who agree to provide materials in  alternative  formats.  For
 purposes of this subdivision, "alternative format" shall mean any medium
 or  format for the presentation of instructional materials, other than a
 traditional print textbook, that is needed as  an  accommodation  for  a
 disabled  student  enrolled  in  a  program of the [board of cooperative
 educational services] NY  POLYTECHNICAL  INSTITUTE,  including  but  not
 limited to Braille, large print, open and closed captioned, audio, or an
 electronic  file in an approved format, as defined in the regulations of
 the commissioner. When an electronic file is provided,  the  plan  shall
 specify  how  the  format  will  be  accessed by students and/or how the
 district shall convert to an accessible format. Such plan shall identify
 the needs of students enrolled in a program of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE for alternative  format
 materials.  Such  plan  shall  also specify ordering timelines to ensure
 that alternative format materials are available  at  the  same  time  as
 regular format materials. Such plans shall include procedures to address
 the  need  to  obtain  materials in alternative format without delay for
 disabled students who enroll in a program of  a  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE during the school year.
   5.  a.  Upon  application  by  a  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE, there  shall  be  apportioned  and
 paid  from  state  funds  to  each  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE an amount which shall be the  prod-
 uct  of  the approved cost of services actually incurred during the base
 year  multiplied  by  the  sharing  ratio  for  cooperative  educational
 A. 9760                            29
 
 services  aid  which  shall equal the greater of: (i) an amount equal to
 one minus the quotient expressed as a decimal to  three  places  without
 rounding  of  eight  mills divided by the tax rate of the local district
 computed  upon  the  actual valuation of taxable property, as determined
 pursuant to subdivision one of section thirty-six hundred  two  of  this
 chapter  [and notwithstanding section three thousand six hundred three,]
 expressed in mills to the nearest tenth as determined by the commission-
 er, provided, however, that where services  are  provided  to  a  school
 district which is included within a central high school district or to a
 central  high  school  district,  such  amount shall equal one minus the
 quotient expressed as a decimal to  three  places  without  rounding  of
 three  mills divided by the tax rates, expressed in mills to the nearest
 tenth, of such districts, as determined by the commissioner or (ii)  the
 aid  ratio  of each school district for the current year, which shall be
 such component  school  district's  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE aid ratio and which shall be not
 less than thirty-six percent converted to decimals and shall be not more
 than ninety percent converted to decimals.  For  the  purposes  of  this
 paragraph,  the  tax rate of the local district computed upon the actual
 valuation of taxable property shall be the sum  of  the  amount  of  tax
 raised  by  the  school  district  plus  any  payments  in lieu of taxes
 received by the school district pursuant to section four hundred  eight-
 y-five  of the real property tax law, divided by the actual valuation of
 the school district, provided, however that the tax rate for  a  central
 high school district shall be the sum of the amount of tax raised by the
 common  and union free school districts included within the central high
 school district for the support of the central high school district plus
 any payments in lieu of taxes received for the support  of  the  central
 high school district pursuant to section four hundred eighty-five of the
 real  property  tax  law, divided by the actual valuation of the central
 high school district. The tax rate for each common or union free  school
 district  which  is included within a central high school district shall
 be the sum of the amount raised for the support of such common or  union
 free school district plus any payments in lieu of taxes received for the
 support  of the school district pursuant to section four hundred eighty-
 five of the real property tax law, exclusive of the  amount  raised  for
 the  central  high  school  district, divided by the actual valuation of
 such common or union free school district.
   b. The cost of services herein referred to shall be the  amount  allo-
 cated  to  each  component  school district by the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE to defray  expenses  of
 such  [board] INSTITUTE, including approved expenses from the testing of
 potable water systems of occupied school buildings under  the  [board's]
 INSTITUTE'S  jurisdiction as required pursuant to section eleven hundred
 ten of the public health law provided that such expenses for testing  of
 potable water systems are not reimbursable from another state or federal
 source, except that that part of the salary paid any teacher, supervisor
 or  other employee of the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE which is in excess of  thirty  thousand  dollars
 shall  not be such an approved expense, and except also that administra-
 tive and clerical expenses shall not exceed ten  percent  of  the  total
 expenses  for  purposes  of  this  computation.  Any gifts, donations or
 interest earned by the [board of cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE or on behalf of the [board of cooperative educa-
 tional  services]  NY POLYTECHNICAL INSTITUTE by the dormitory authority
 or any other source shall not be deducted in  determining  the  cost  of
 A. 9760                            30
 
 services  allocated to each component school district. Any payments made
 to a component school district by the [board of cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE pursuant to subdivision eleven of
 section  six-p  of the general municipal law attributable to an approved
 cost of service computed pursuant to this subdivision shall be  deducted
 from  the  cost of services allocated to such component school district.
 The expense of transportation provided  by  the  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE pursuant to paragraph q
 of  subdivision  four  of  this section shall be eligible for aid appor-
 tioned pursuant to subdivision seven of section thirty-six  hundred  two
 of  this  chapter  and no [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE transportation expense shall be an approved cost
 of services for the computation of aid under this subdivision.    Trans-
 portation  expense  pursuant  to paragraph q of subdivision four of this
 section shall be included in the computation of the ten percent  limita-
 tion on administrative and clerical expenses.
   c.  The  "tax  rate" as herein referred to shall not include a special
 tax levied for debt service in an existing district of a central  school
 district or a consolidated district.
   d.  Nothing  in  this act shall prevent school districts or [boards of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES  with  the
 approval  of  the  commissioner  of education from providing cooperative
 educational services for which no application for state  aid  is  to  be
 made.
   e. Any aid apportioned in accordance with section two hundred thirteen
 of  [the  education  law] THIS CHAPTER to a [board of cooperative educa-
 tional services] NY  POLYTECHNICAL  INSTITUTE  in  connection  with  the
 production  of  educational  television  materials  and programs, or the
 acquisition by purchase, lease or otherwise of television facilities  or
 operational  expenses  in  connection therewith shall not be utilized in
 connection with computing the apportionment to such  [board  of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE. Any aid appor-
 tioned or paid by the state  to  a  [board  of  cooperative  educational
 services]   NY  POLYTECHNICAL  INSTITUTE  for  experimental  or  special
 programs shall not be utilized in connection with computing  the  appor-
 tionment  to  such  [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE.
   f. The sum  of  the  amounts  determined  for  each  component  school
 district  as  the apportionment to the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE pursuant to the provisions of  this
 section  shall  not be less than the amount which would have been appor-
 tioned during the nineteen hundred sixty-seven--sixty-eight school  year
 under  the provisions of this subdivision as in effect on December thir-
 ty-first, nineteen hundred sixty-six to the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE of which the district was  a
 component member for which such apportionment was made, except that such
 minimum apportionment shall be reduced in any year in which the expendi-
 tures  of  the component district for [board of cooperative educational]
 NY POLYTECHNICAL INSTITUTE purposes fall below the expenditure on  which
 the  nineteen  hundred  sixty-seven--sixty-eight  apportionment  to  the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 was based, such reduction to be made on a proportionate basis.
   g.  Any  payment  required  by  a  [board  of  cooperative educational
 services] NY POLYTECHNICAL INSTITUTE to the dormitory authority  or  any
 payment  required  by  a  [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE to acquire or construct a school facility of the
 A. 9760                            31
 
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 and  any  payments  for  rental of facilities by a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall, for the purposes
 of  apportionment  of  public moneys to the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE by the state of New York, be
 deemed to be an administrative or capital expense, as designated by  the
 commissioner, but the entire amount of such payment shall be utilized in
 making such apportionment and the limitation of ten percent of the total
 expenses  contained  in  this  subdivision  shall not be applicable. Any
 expense designated by the commissioner as a  capital  expense  shall  be
 included  in the capital budget of the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE and, except as  otherwise  provided
 in  this  paragraph, shall be aided in the same manner as an administra-
 tive expense. Any such payment shall not be considered part of the total
 expenses of the [board] INSTITUTE for purposes of determining the admin-
 istrative and clerical expenses not  to  exceed  ten  percent  otherwise
 eligible  for  aid  under  this  subdivision, and such payments shall be
 considered for the purpose of apportionment during  the  current  school
 year  such payment is made. The apportionment for such payments shall be
 determined by multiplying the amount of such payment allocated  to  each
 component  school  district  in  the  [board  of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE by the aid ratio, and shall be  not
 more  than  ninety percent converted to decimals, of each such component
 computed pursuant to subdivision three of section thirty-six hundred two
 OF THIS CHAPTER and used to apportion  aid  to  that  district  in  that
 current  school  year;  provided,  however,  the  apportionment  for the
 construction, acquisition, reconstruction, rehabilitation,  or  improve-
 ment  of  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE facilities, including payments to the dormitory authority  and
 payments  under any lease agreement, shall be based upon the cost of the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 school  facilities  but  not  to  exceed the cost allowance set forth in
 subdivision six of section thirty-six hundred two of [the education law]
 THIS CHAPTER and payments for rental facilities shall be subject to  the
 approval of the commissioner.
   h.  Each  [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE receiving a payment pursuant to paragraph a of  this  subdivi-
 sion  and  section  thirty-six  hundred  nine-d of this chapter shall be
 required to set aside from such payment an  amount  not  less  than  the
 amount of state aid received pursuant to paragraph a of this subdivision
 in  the  base  year that was attributable to cooperative services agree-
 ments (CO-SERs) for career education, as determined by the commissioner,
 and shall be required to use such amount  to  support  career  education
 programs in the current year.
   5-a.  Financial assistance for school districts first joining a [board
 of cooperative educational services (BOCES)] NY POLYTECHNICAL INSTITUTE.
 a. Eligibility. Any school district first joining [a BOCES] AN INSTITUTE
 on or after July first, nineteen hundred ninety-five and prior  to  July
 second,  nineteen hundred ninety-seven shall be eligible to apply to the
 commissioner for financial assistance pursuant to the provisions of this
 subdivision and subdivision five of this section.
   b. Financial assistance. Financial assistance shall mean  an  interest
 free loan available upon application in the current year which shall not
 exceed  the product of (i) the applicable percent defined in paragraph c
 of this subdivision and (ii) the sum of the local share and  any  repay-
 ment due for the prior year loan. Such local share shall equal the posi-
 A. 9760                            32
 
 tive  remainder  resulting when aid payable on behalf of the district in
 the current year  pursuant  to  subdivision  five  of  this  section  is
 subtracted  from  the district's [BOCES] INSTITUTE expenses which are or
 would  be  aidable in the current year or the next year pursuant to such
 subdivision five. The annual application for such a loan shall be  in  a
 form  prescribed  by the commissioner and shall accompany the submission
 of the final set of state aid forms required of  the  [BOCES]  INSTITUTE
 each  year  and shall be certified by the district superintendent of the
 [BOCES] INSTITUTE. The amount of the loan in any year  shall  be  deter-
 mined  by  the  commissioner  and  the payment and repayment of the loan
 shall be in accordance with the provisions of paragraph d of this subdi-
 vision.
   c. Applicable percent. The applicable percent shall be  determined  by
 the  number  of  years  that  an  eligible district has been a component
 district of a [BOCES] INSTITUTE.  In the first year, such percent  shall
 be  equal to the district's [BOCES] INSTITUTE and building aid ratio for
 aid payable in the first year in which the district  joins  the  [BOCES]
 INSTITUTE,  each  year  thereafter, such percent shall be reduced by ten
 percent until such percent would drop below ten percent at which time it
 shall be deemed to be zero.
   d. Payment and repayment. Notwithstanding any inconsistent  provisions
 of  section  thirty-six hundred nine-a of this chapter, the loan amounts
 determined by the commissioner pursuant to paragraph b of this  subdivi-
 sion  shall  be  paid to each eligible school district on or before June
 fifteenth, commencing with the first year of eligibility,  but  only  to
 the  extent  that  the repayment of the base year loan has been secured.
 Notwithstanding any inconsistent provision of law, the state comptroller
 shall deduct the amount of any base year loan from any monies  due  such
 school  district  in March of the current year. Should the amount of any
 monies due such school district in March be insufficient  to  repay  the
 total  amount  of  the  base year loan to the school district, the state
 comptroller shall deduct any balance due the state from any other monies
 payable to such district. Should the total amount of monies due to or on
 behalf of such school district be insufficient to repay the total amount
 of the base year loan determined in paragraph  b  of  this  subdivision,
 such  school  district  shall  make a direct payment to the state before
 March first of the current year and such payment shall  be  credited  to
 the general fund local assistance account of the department.
   6.  The  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE is hereby created a body corporate. All property which is  now
 vested  in,  or  shall hereafter be transferred to the [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE, shall be held by
 them as a corporation.
   7. In the event that two or  more  entire  supervisory  districts  for
 which  [boards  of  cooperative  educational  services] NY POLYTECHNICAL
 INSTITUTES have been  established  shall  become  a  single  supervisory
 district  by  the  redistricting  of  supervisory  districts pursuant to
 section twenty-two hundred one of this chapter, the [boards  of  cooper-
 ative  educational  services]  NY  POLYTECHNICAL  INSTITUTES theretofore
 established shall nevertheless remain in existence  until  August  first
 next  following  such  redistricting for the purpose of carrying out the
 programs for the current school year. For all other purposes,  from  and
 after  the  effective date of such redistricting such [boards of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTES shall constitute
 a single [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE  for  the supervisory district as then constituted in the same
 A. 9760                            33
 
 manner as though such [board] INSTITUTE had been  established  for  such
 supervisory  district  pursuant  to subdivision one of this section, and
 shall have all of the powers and  duties  of  such  [boards]  INSTITUTES
 under  this  chapter.  The  members  of  such  [boards] INSTITUTES shall
 continue to serve until the expiration of the terms of office for  which
 they  were  elected. No election shall be held to fill vacancies on such
 [board] INSTITUTE as the terms of members expire until such date as  the
 terms of sufficient members have expired to cause the membership of such
 [board]  INSTITUTE  to be not less than five nor more than fifteen, such
 number to be determined at  the  annual  meeting  of  the  trustees  and
 members  of boards of education of such supervisory district held in the
 month of April following such redistricting. Thereafter members of  such
 [board]  INSTITUTE shall be elected annually to fill vacancies occurring
 by expiration of term.  Notwithstanding any other provision  of  law,  a
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 may fill a vacancy on such  [board]  INSTITUTE  at  the  annual  [board]
 INSTITUTE  election  immediately  following  such annual meeting and may
 accept nominations pursuant to subdivision  two-a  of  this  section  in
 anticipation  that  one  or  more  vacancies will exist once such annual
 meeting so establishes the number  of  the  membership  of  the  [board]
 INSTITUTE,  provided  that  the  election  ballot shall state that nomi-
 nations have been accepted in anticipation  of  possible  vacancies  and
 that  the  clerk  of  the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE will advise the component boards in  writing  of
 the  actual  number  of  vacant offices to be filled at the election, if
 any, no later than one business day after  the  annual  meeting.  Should
 such  a  supervisory  district  for which a [board of cooperative educa-
 tional services] NY POLYTECHNICAL  INSTITUTE  has  been  established  be
 divided  by  the  commissioner  in  the redistricting thereof, on August
 first next following such redistricting, after  paying  all  outstanding
 obligations of such [board] INSTITUTE, any balance of funds remaining in
 the  treasury of such [board] INSTITUTE shall be allocated to the credit
 of the component school districts in accordance with the ratio which the
 proportion of the cost allocated to each component school district bears
 to the total cost of services of such [board of cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE during the last full school year of
 its  operation.  In  the  event that a [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE shall have been established for the
 supervisory district of which such component district is  then  a  part,
 the  amount  of such balance allocated to such district shall be paid to
 the [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE  established  for  such  supervisory district and any member of the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  such  divided  district who resides in the territory so transferred
 shall on and after the date of such redistricting become a member of the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 of  the supervisory district to which the school district in which he or
 she resides has been transferred and shall serve as  such  member  until
 the expiration of the term of office for which he or she was elected. In
 the  event  that there is no [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE for any component district the amount of such
 balance allocated to such district shall be paid  to  the  treasurer  of
 such  district.  In  such  event the state aid authorized by subdivision
 five of this section for the last year of operation of  such  [board  of
 cooperative  educational  services]  NY POLYTECHNICAL INSTITUTE shall be
 distributed to the component school districts in the amounts which would
 A. 9760                            34
 
 have accrued to such [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE by reason of their participation.
   8.  Notwithstanding  any  other  provision  of  this chapter, with the
 approval of the commissioner of education, at the request of  boards  of
 education  of  union  free  school districts having a population of four
 thousand five hundred or more and employing a superintendent of schools,
 where such school districts lie within towns included in the supervisory
 district or supervisory districts comprising the territory served  by  a
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 such union free school districts may upon the consent of the  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE be included
 as  component  districts for the purposes of this section and shall have
 all of the rights and obligations of such component districts under this
 section. Notwithstanding any other provision of this chapter,  and  with
 the  consent  of the commissioner, likewise, at the request of the board
 of education of any city school district, having a  population  of  less
 than  one  hundred  twenty-five  thousand  inhabitants, such city school
 district may, upon the consent of the [board of cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE,  be  included  as  a  component
 district for the purpose of this section and shall have all  the  rights
 and obligations of such component districts under this section.
   8-a.  Notwithstanding any other provision of this section and with the
 consent of the commissioner, the city school district  of  the  city  of
 Syracuse  may,  upon  consent  of  the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE for the sole  supervisory  district
 for  Onondaga  and Madison counties, be included as a component district
 for the sole purpose of operating a combined program and/or constructing
 a combined facility for children with developmental disabilities in  the
 city  of  Syracuse and the county of Onondaga. Such city school district
 shall add an amount to its budget and levy, collect and pay the same  to
 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE  to  defray the proportional expenses of constructing and operating
 such facility for such children. Such city school district shall not  be
 liable  for  payment of administrative expenses as provided for in para-
 graph b of subdivision four of this section nor shall such  city  school
 district  be  eligible  for  the payment of state aid under this section
 except such city school district shall receive state aid  based  on  its
 proportionate  share  of  building  expenses  related to this program as
 determined by the commissioner.
   Such city school district shall continue to receive aid under subdivi-
 sion five of section thirty-six hundred two for the attendance of  chil-
 dren in this program.
   8-b. Notwithstanding any other provisions of this section and with the
 consent  of  the commissioner, city school districts of cities in excess
 of one hundred  twenty-five  thousand  inhabitants  but  less  than  one
 million  inhabitants,  upon  consent of the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE approved by the commissioner
 may be included as a component district of such  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE for the sole purpose of
 purchasing student information system services consistent with standards
 established  by  the commissioner from such [board of cooperative educa-
 tional services] NY  POLYTECHNICAL  INSTITUTE.  Each  such  city  school
 district  shall  add an amount to its budget and shall levy, collect and
 pay the costs of such program to such [board of cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  to  defray their portion of the
 expenses of such a program. Such  city  school  district  shall  not  be
 A. 9760                            35
 
 liable  for  payment of administrative expenses as provided for in para-
 graph b of subdivision four of this section nor shall such  city  school
 district be eligible for payment of state aid under this section.
   8-c.  Notwithstanding  any other provision of this section, any school
 district not a  component  of  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE of the supervisory district serving
 its geographic area, including a city school district in a city having a
 population  in  excess  of one hundred twenty-five thousand inhabitants,
 upon consent of the [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE and with the approval of the  commissioner,  may  be
 treated  in the same manner as a component school district of the [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE  of  the
 supervisory district serving its geographic area, or an adjoining [board
 of  cooperative  educational services] NY POLYTECHNICAL INSTITUTE in the
 case of a city school district in a city having one million  inhabitants
 or  more,  for  the  sole  purpose  of  purchasing instructional support
 services, as defined by the  commissioner.  Each  such  school  district
 shall  add  an  amount to its budget and shall levy, collect and pay the
 costs  of  such  program  to  such  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  to  defray  its  portion of the
 expenses of such program, including a charge for administration  not  to
 exceed  the  restricted  indirect cost rate, provided that the [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE  shall  not
 charge any portion of the administrative costs incurred pursuant to this
 subdivision  to  its  component  school districts. Such school districts
 shall not be liable for payment of administrative expenses  as  provided
 for  in  paragraph b of subdivision four of this section and subdivision
 one of section nineteen hundred fifty-one of this article. In  the  case
 of  city  school  districts in a city with a population in excess of one
 hundred twenty-five thousand inhabitants, such participation shall be in
 addition to the participation authorized  by  subdivisions  eight-a  and
 eight-b of this section. In the case of a city school district in a city
 with  a  population  of  one hundred twenty-five thousand inhabitants or
 more, in lieu of participation as a component district of  an  adjoining
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 the city school district may opt to provide  such  support  services  as
 shared  services  directly  or  in collaboration with one or more insti-
 tutions of higher education. The approved costs of such  services  shall
 be  eligible for state aid in accordance with the provisions of subdivi-
 sion twenty of section thirty-six hundred two of this chapter, and shall
 not be eligible for aid pursuant to subdivision five of this section.
   8-d. Notwithstanding the provision of any law, rule, or regulation  to
 the  contrary,  the  city school district of the city of Rochester, upon
 the consent of the [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE  of the supervisory district serving its geographic
 region, may purchase from such  [board]  INSTITUTE  as  a  non-component
 school  district, services required by article nineteen of the education
 law.
   9. No person shall be eligible to be elected to the office  of  member
 of a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE  who  is  an  employee  of  a  school  district  in the supervisory
 district.
   9-a. No person shall be eligible to hold the office  of  member  of  a
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 who does not reside within the boundaries of a component school district
 of any such [board] INSTITUTE.
 A. 9760                            36
 
   10. Notwithstanding any other provisions of this  chapter  or  of  any
 other  general  or  special law to the contrary, if and when two or more
 supervisory districts shall be combined into a new supervisory  district
 pursuant  to  the  provisions  of section twenty-two hundred one of this
 chapter,  as  a  result  of which the [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES  for  such  supervisory  districts
 shall  become  a  single  [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE for such redistricted supervisory district, such
 single [board of  cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE  for  such  redistricted  supervisory  district shall, in such
 case, allocate the appropriate amounts of payments required to  be  made
 to  the dormitory authority for rental of facilities or otherwise to the
 school districts contained, respectively,  in  such  former  [boards  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTES for such
 supervisory districts, as if such [boards] INSTITUTES continued to exist
 in law for the sole purpose of making such payments.
   11. With the approval of the commissioner,  one  or  more  [boards  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES and one or
 more  school  districts  may  enter  into  an agreement or agreements to
 provide for sharing costs of construction of or  leases  for  facilities
 acquired  for the purpose of housing services to be provided by a [board
 or boards of cooperative educational services] NY  POLYTECHNICAL  INSTI-
 TUTE  OR  INSTITUTES for provision of which services such facilities are
 constructed or leased, provided, however that no new agreements for  the
 sharing  of costs of construction or leases of facilities may be entered
 into pursuant to this subdivision on or after July first,  two  thousand
 three.  No  such  agreement may be for a longer term than is required to
 retire any obligations issued by one or more  of  the  parties  to  such
 agreement  for  the  purpose of acquiring such facilities, or to pay the
 dormitory authority in full for the acquisition of such facilities.
   13. a. A [board of cooperative educational services] NY  POLYTECHNICAL
 INSTITUTE  and  the component school districts of such [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE may enter into an
 agreement providing for the acquisition from the dormitory authority  of
 facilities  designed  to house services to be provided by such [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE and for the
 sharing of the cost of such acquisition. Such agreement in  addition  to
 providing  for  all  other matters deemed necessary and proper shall (i)
 set forth the cost of such acquisition which shall be the amount  certi-
 fied  by  the dormitory authority as sufficient to pay the principal of,
 the redemption premium, if any, and interest to the earliest  of  either
 the  maturity date or the next redemption date on all obligations of the
 dormitory authority issued in relation  to  providing  such  facilities,
 including  all incidental expenses in relation thereto, and (ii) provide
 for an allocation and apportionment of  the  cost  of  such  acquisition
 among  the  component  school  districts  on such equitable basis as the
 parties thereto shall determine and agree, and  the  proportion  of  the
 total  cost to be provided by each such district in accordance with such
 allocation and apportionment. In those cases where construction of  such
 facilities shall not have been completed, the amount so certified by the
 dormitory  authority  shall include the amount estimated to be necessary
 by the dormitory authority to complete such construction  by  it  acting
 for and on behalf of such [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE;  provided,  however, that such agreement shall
 provide that such [board] INSTITUTE shall pay to the dormitory authority
 any additional amounts thereafter determined and certified by the dormi-
 A. 9760                            37
 
 tory authority to be necessary in order to complete the construction  of
 such  facilities.  Existing contracts awarded by the dormitory authority
 for the construction of such facilities shall not be modified, nor shall
 any work not covered thereby be authorized, without the prior consent of
 an  officer  of  such [board] INSTITUTE authorized to so act by a resol-
 ution of such [board] INSTITUTE. Such agreement shall be executed by all
 the component school districts of such [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE whose allocation of  administrative
 expenses  would include a portion of the amounts required to be paid the
 dormitory authority for the rental of such facilities.
   b. The acquisition of such facilities is hereby  declared  and  deter-
 mined to be a school district purpose and an object or purpose for which
 each such component school district is hereby authorized to expend money
 and  contract  indebtedness.  The  period of probable usefulness of such
 object or purpose is hereby determined to be  thirty  years.  Each  such
 component  school  district is hereby authorized to finance its share of
 the cost of the acquisition of such facilities together with costs inci-
 dental to such financing, including, but  not  limited  to  legal  fees,
 printing,  engraving and publication of notices, either from any current
 funds legally available therefor, or  by  the  issuance  of  obligations
 pursuant  to  the  local  finance  law;  provided,  however, that (i) no
 approval of the voters  of  such  component  school  district  shall  be
 required,  (ii)  the voting of a special tax or a tax to be collected in
 installments shall not be a condition precedent to  the  adoption  of  a
 bond resolution for such object or purpose, (iii) a majority vote of the
 entire voting strength of the board of education shall be sufficient for
 adoption of such a bond resolution, which bond resolution may be adopted
 at  a  regular  meeting,  or a special meeting of the board of education
 called on not less than twelve hours oral or written notice,  which  may
 be  held  either  within or outside of such district, (iv) any such bond
 resolution shall take effect immediately and shall not be subject either
 to a mandatory or permissive referendum, and (v) no such bond resolution
 shall be adopted prior to the execution by  the  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  and  the component
 school districts of such [board of cooperative educational services]  NY
 POLYTECHNICAL INSTITUTE of the agreement required by paragraph a of this
 subdivision.
   c.  Nothing  herein  contained shall be construed to permit any school
 district in a city (as defined in paragraph two-b of section 2.00 of the
 local finance law) to contract indebtedness for such object  or  purpose
 in  excess of the limitation prescribed by paragraph b of section 104.00
 of such law, without a compliance with the  provisions  of  paragraph  c
 thereof.  A school district, other than a school district in a city, may
 issue bonds or bond anticipation notes for such  object  or  purpose  in
 excess  of  the  limitation  prescribed  by  paragraph d of such section
 104.00, without complying with the  requirements  of  subparagraphs  one
 through  three of such paragraph. Notwithstanding any other provision of
 law to the contrary, a special act school district, as defined in subdi-
 vision eight of section four thousand one of this chapter, shall not  be
 deemed  a  component school district of the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE for purposes of this  subdi-
 vision.
   d.  Upon certification by the dormitory authority of the receipt by it
 of the amount set forth in the agreement as the cost of the  acquisition
 of  such  facilities,  title thereto shall vest in the [board of cooper-
 ative educational  services]  NY  POLYTECHNICAL  INSTITUTE  without  any
 A. 9760                            38
 
 further  action  or deed or conveyance, which title shall be held by the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  the  benefit and on behalf of all the component school districts of
 such [board] INSTITUTE executing such agreement.
   e.  The  validity  of any obligations issued by any school district in
 accordance with this subdivision shall not be affected  or  impaired  by
 any omission, defect or irregularity in any previous acts or proceedings
 by  the  [board  of  cooperative  educational services] NY POLYTECHNICAL
 INSTITUTE, or by any of the component school districts of such [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE in relation
 to the authorization of such facilities or the construction and  financ-
 ing thereof by the dormitory authority.
   f. State aid on account of the acquisition of such facilities shall be
 paid  to  each  component school district based upon its respective debt
 service or share thereof paid pursuant to the agreement herein  provided
 for, and upon its respective aid ratio.
   g.  Notwithstanding any provision of law, the dormitory authority, any
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 and any component school district thereof, are all hereby authorized and
 empowered  to  perform  any  and  all acts and to enter into any and all
 agreements necessary or desirable to effectuate  the  purposes  of  this
 subdivision.
   14.  a. All provisions of this subdivision shall be applicable only if
 any agreement or agreements referred to herein shall be entered into  by
 a [board of cooperative educational services] NY POLYTECHNICAL INSTITUTE
 and  all  of the component school districts of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE. A  [board  of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE and the component
 school  districts of such [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE may enter into an agreement  providing  for  the
 acquisition  or  construction,  including new construction, additions or
 reconstruction of facilities designed to house services to  be  provided
 by  such  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE and for the  sharing  of  the  cost  of  such  acquisition  or
 construction.  Such  agreement  in  addition  to providing for all other
 matters deemed necessary and proper shall (i) set forth the cost of such
 acquisition or  construction  and  costs  incidental  thereto  and  (ii)
 provide  for an allocation and apportionment of the costs of such acqui-
 sition or construction among the  component  school  districts  on  such
 equitable  basis  as  the parties thereto shall determine and agree, and
 the proportion of the total cost to be provided by each such district in
 accordance with such allocation and apportionment. Such agreement  shall
 be  executed  by  all  the  component school districts of such [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE  and  such
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE.
 Such agreement may provide that each component school district of such a
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 shall  issue  an agreed upon amount of its obligations in a total amount
 sufficient to acquire or construct such facilities, or that  all  compo-
 nent  districts  of  such  [board]  INSTITUTE shall together issue joint
 obligations pledging  the  full  faith  and  credit  for  all  component
 districts  jointly  and  that  each  such district shall pay a specified
 share of annual debt service on such  joint  obligations  in  accordance
 with  the  provisions of article five-g of the general municipal law and
 applicable provisions of the local finance law.
 A. 9760                            39
 
   b. The acquisition  or  construction  of  such  facilities  is  hereby
 declared  and  determined  to  be a public purpose and a school district
 purpose and a specific object or purpose for which each  such  component
 school  district  is  hereby  authorized  to  expend  money and contract
 indebtedness.  The period of probable usefulness of such specific object
 or  purpose is hereby determined to be thirty years. Each such component
 school district is hereby authorized to finance its share of the cost of
 the acquisition or construction of such facilities, together with  costs
 incidental  thereto,  either  from  any  current funds legally available
 therefor or by the issuance of obligations pursuant to the local finance
 law; provided, however, that (i) no  approval  of  the  voters  of  such
 component  school  district  shall  be  required,  (ii)  the voting of a
 special tax or a tax to be collected in  installments  shall  not  be  a
 condition  precedent  to  the  adoption  of  a  bond resolution for such
 specific object or purpose, (iii) a majority vote of the  entire  voting
 strength  of  the board of education shall be sufficient for adoption of
 such a bond resolution, which bond resolution may be adopted at a  regu-
 lar  meeting,  or  a special meeting of the board of education called on
 not less than twenty-four hours oral or written notice to the members of
 such [board] INSTITUTE as provided in section  sixteen  hundred  six  of
 [the education law] THIS CHAPTER, which meeting may be held either with-
 in or outside of such district, (iv) any such bond resolution shall take
 effect  immediately  and  shall  not be subject to either a mandatory or
 permissive referendum, and (v) no such bond resolution shall be  adopted
 prior  to  the  execution  by  [the  board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE and all  of  the  component  school
 districts  of  such [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE of the agreement required by  paragraph  a  of  this
 subdivision.
   c.  No  further  approval  of the voters of such [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  or  any  component
 district thereof shall be required other than that required by paragraph
 t of subdivision four of this section.
   d.  Such  agreement  shall  further provide that title to the facility
 shall vest in the [board of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTE  which title shall be held by the [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE for  the  benefit
 and  on  behalf  of  all  the component school districts of such [board]
 INSTITUTE executing such agreement.
   e. Nothing herein contained shall be construed to  permit  any  school
 district in a city (as defined in paragraph two-b of section 2.00 of the
 local  finance law) to contract indebtedness for such specific object or
 purpose in excess of the limitation prescribed by paragraph b of section
 104.00 of such law, without complying with the provisions of paragraph c
 thereof. A school district, other than a school district in a city,  may
 not  issue  bonds or bond anticipation notes for such specific object or
 purpose in excess of the limitation prescribed by paragraph  d  of  such
 section 104.00, without complying with the requirements of subparagraphs
 one through three of such paragraph. Notwithstanding any other provision
 of  law  to  the  contrary, a special act school district, as defined in
 subdivision eight of section four thousand one of  this  chapter,  shall
 not  be  deemed a component school district of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE for  purposes  of  this
 subdivision.
   f.  State  aid  on  account of the acquisition or construction of such
 facilities shall be paid to each component school  district  based  upon
 A. 9760                            40
 
 its respective debt service or share thereof paid pursuant to the agree-
 ment  herein  provided  for, and upon its respective aid ratio. Any such
 computation of state aid shall further be based upon the  cost  of  such
 acquisition,  or  construction,  and  including incidental costs, to the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 but  not  to  exceed  the cost allowance set forth in subdivision six of
 section thirty-six hundred two of this chapter.
   18. Accountability of personal property. On or before  January  first,
 nineteen  hundred  ninety-seven,  each [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE shall develop and  adopt  a  formal
 policy  on  personal property accountability, including the acquisition,
 sale and disposal of personal property. Such policy shall be approved by
 the commissioner consistent with regulations adopted for  such  purpose,
 which  shall include but not be limited to (a) procedures for the acqui-
 sition of personal property both by purchase and by gift, (b) procedures
 for the periodic inventory of personal property, and (c) procedures  for
 the  sale  of  valuable  personal property to the highest bidder, except
 however that vehicles received at no  cost  for  use  in  an  authorized
 welfare  to  work  program  may  be transferred at no cost or at cost of
 repairs, where repairs have been made to the vehicle at  [the  board  of
 cooperative education services] SUCH INSTITUTE, to participants who have
 met  all  the  program  requirements.  Each such [board] INSTITUTE shall
 periodically review and update such policy, provided that any amendments
 of the policy shall be subject to approval of the commissioner.
   19.  Where  the  district  has  provided  transportation  to  students
 enrolled in such district to a school sponsored field trip, extracurric-
 ular  activity  or any other similar event, it shall provide transporta-
 tion back to either the point of departure or to the appropriate  school
 in  the  district,  unless  the  parent  or  legal guardian of a student
 participating in such event has provided the school district with  writ-
 ten  notice, consistent with district policy, authorizing an alternative
 form of return transportation for such  student  or  unless  intervening
 circumstances  make  such  transportation  impractical.  In  cases where
 intervening circumstances make transportation of a student back  to  the
 point  of departure or to the appropriate school in the district imprac-
 tical, a representative of the school district  shall  remain  with  the
 student  until  such  student's  parent  or  legal guardian has been (a)
 contacted and informed of the intervening circumstances which make  such
 transportation  impractical  and  (b) such student had been delivered to
 his or her parent or legal guardian.
   § 3. Subparagraph (a) of paragraph p of subdivision 4 of section  1950
 of  the education law, as amended by chapter 602 of the laws of 1994, is
 amended to read as follows:
   (a) To rent suitable land, classrooms, offices or buildings upon or in
 which to maintain and conduct such cooperative educational services  and
 administrative  offices  for  a  period  not  to exceed ten years and to
 improve, alter, equip and furnish  such  land,  classrooms,  offices  or
 buildings  in  a  suitable manner for such purposes (1) before executing
 any lease, the [board] INSTITUTE shall adopt  a  resolution  determining
 that such agreement is in the best financial interests of the superviso-
 ry  district and stating the basis of that determination; (2) the rental
 payment shall not be more than the fair market value  as  determined  by
 the  [board]  INSTITUTE;  and  (3) upon the consent of the commissioner,
 renewal of such lease may be made for a period of up to ten years. Noth-
 ing contained herein shall prevent the [board] INSTITUTE  from  entering
 into  a  lease agreement which provides for the cancellation of the same
 A. 9760                            41
 
 by such [board] INSTITUTE upon: (i) a substantial increase  or  decrease
 in  pupil  enrollment;  or  (ii)  a  substantial change in the needs and
 requirements of a [board of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTE  with  respect  to  facilities;  or (iii) any other
 change which substantially affects the needs or requirements of a [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE  or  the
 community  in  which  it  is located. No lease or other contract for the
 occupancy of such  land,  classrooms,  offices  or  buildings  shall  be
 enforceable  against  the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE unless  and  until  the  same  shall  have  been
 approved in writing by the commissioner.
   § 4. Section 1951 of the education law, as added by chapter 795 of the
 laws  of  1967  and  as  renumbered  by chapter 378 of the laws of 1972,
 subdivision 1 as amended by chapter 474 of the laws of 1996, paragraph a
 of subdivision 2 as amended by chapter 722 of the laws of 2005, subpara-
 graph (2) of paragraph c of subdivision 2 as amended by chapter  919  of
 the laws of 1974, paragraph s of subdivision 2 as amended by chapter 722
 of  the laws of 2005, and subdivision 3 as added by section 15 of part A
 of chapter 436 of the laws of 1997, is amended to read as follows:
   § 1951. Budget of [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE. 1. The final administrative and capital budgets  of
 the  [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE as adopted shall be a charge against all of  the  school  districts
 contained  in  the  [board of cooperative educational services] NY POLY-
 TECHNICAL  INSTITUTE,  provided,  however,  that  any  component  school
 district which does not elect to participate in any specific educational
 service  authorized  to be furnished by the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE shall not be required to pay
 any share of the moneys provided in the program budget  as  salaries  of
 teachers  or  other  personnel  employed  in providing such service, for
 equipment and supplies for such service or for transportation of  pupils
 to and from the place where such service is maintained, provided, howev-
 er,  expenditures for the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE program, including office and  central  adminis-
 trative expenses, traveling expenses and salaries and benefits of super-
 visors and all other central administrative personnel necessary to carry
 out its program shall be deemed administrative expenses which shall be a
 charge upon all component school districts notwithstanding the fact that
 such  a  component  school  district  elects  to  not participate in any
 specific program  offered  by  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE.   Each school district's propor-
 tionate share of administrative and capital expenses shall be determined
 in accordance with subparagraph seven of paragraph b of subdivision four
 of section nineteen hundred fifty of this article. The [board] INSTITUTE
 shall allocate the cost of other  services  to  participating  component
 school  districts  in  accordance  with  terms  agreed upon between such
 [board] INSTITUTE and the boards  of  education  and  trustees  of  each
 component school district using the local uniform unit cost of each such
 service,  based  on  (i) anticipated participation in the ensuing school
 year, or (ii) participation in the current year, or (iii) a two or three
 year average including participation in the  current  year,  which  unit
 cost  shall be the same for all participating component school districts
 and shall be computed in accordance with a uniform methodology  approved
 annually  by  at  least  three-quarters  of  the participating component
 school districts after consultation by local school officials with their
 respective boards; provided, however, such unit cost shall be subject to
 A. 9760                            42

 final adjustment for programs for students with  disabilities  based  on
 actual participation in accordance with regulations of the commissioner.
 The  school authorities of each school district in the [board of cooper-
 ative  educational  services]  NY POLYTECHNICAL INSTITUTE shall add such
 amount to the budget of such school district and shall pay  such  amount
 to  the  treasurer of the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE, and shall be paid out  by  the  treasurer  upon
 orders  of  the  [board]  INSTITUTE  issued and executed pursuant to the
 resolution of said [board] INSTITUTE.
   2. a. If the [board of cooperative educational services] NY  POLYTECH-
 NICAL  INSTITUTE  determines  to  submit  a proposition to authorize the
 purchase or acquisition of sites or additions thereto and real  property
 and  to  construct  buildings  thereon  and  to  purchase  buildings and
 construct additions thereto, or to authorize the sale of any real  prop-
 erty  the  title  to which is vested in the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE and  buildings  thereon  and
 appurtenances  or any part thereof, or to authorize the exchange of real
 property held by the [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE for the purpose of improving or changing school
 sites, to the qualified voters of the [board of cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE, then the [board] INSTITUTE shall
 call a meeting and submit to the qualified voters of the [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE such a proposi-
 tion. The [board] INSTITUTE shall cause a notice of such meeting  to  be
 given  by  public  notice  of the time and place of such meeting once in
 each week within the four weeks next preceding such meeting,  the  first
 publication  to be at least twenty-five days before said meeting, in two
 newspapers if there shall be two, or in one newspaper if there shall  be
 but  one,  having  general  circulation within the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE, but  if  no  newspaper
 shall  then  have  general circulation therein, the said notice shall be
 posted in at least twenty of the most public places in  said  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE twenty-five
 days before the time of such meeting. Such notice shall contain a state-
 ment of the proposition or propositions to be submitted at such meeting.
   b.  Such  notice  and  all  other  notices  and reports required to be
 published in newspapers under the provisions of this  chapter  shall  be
 printed  at the rates and for the fees prescribed in section eight thou-
 sand seven of the civil practice law and rules. In the  event  that  the
 publishers  of  one or both of the newspapers having general circulation
 in such district shall refuse  to  print  and  publish  the  notices  or
 reports at the rates and for the fees so prescribed, publication in such
 newspaper  or  newspapers  so refusing may be omitted, in which case the
 notices or reports shall be posted as required by this section  in  lieu
 of such publication.
   c.  A person shall be entitled to vote at any meeting of the voters of
 the [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE who is:
   (1) A citizen of the United States.
   (2) Eighteen years of age.
   (3)  A resident within the [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE for a period of thirty  days  next  preceding
 the meeting at which he offers to vote.
   No  person  shall be deemed to be ineligible to vote at any such meet-
 ing, by reason of sex, who has the other qualifications required by this
 paragraph.
 A. 9760                            43
 
   d. If a person offering to vote at any meeting of the  voters  of  the
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 shall be challenged as unqualified by any legal voter  of  such  [board]
 INSTITUTE  at such meeting, the chairman presiding at such meeting shall
 require  the person so offering to make the following declaration: "I do
 declare and affirm that I am, and have been, for the  thirty  days  last
 past,  an  actual  resident  of  this  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE and that I am qualified to vote  at
 this  meeting."  Every person making such declaration shall be permitted
 to vote on all questions proposed at such meeting;  but  if  any  person
 shall refuse to make such declaration his vote shall be rejected.
   e.  A  person who shall wilfully make a false declaration of his right
 to vote at a meeting of the voters of a  [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE  after his right to vote
 thereat has been challenged, shall be deemed guilty  of  a  misdemeanor.
 Any  person  not qualified to vote at such meeting, who shall vote ther-
 eat, shall thereby forfeit ten dollars, to be sued for by the supervisor
 for the benefit of the [board] INSTITUTE.
   f. In all propositions arising at said meeting, the vote thereon shall
 be by ballot.
   g. If the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall so determine, voting machines may be used for  recording
 the  vote  at such meeting.  Before any such machine is used at any such
 meeting, the inspectors of election shall examine it and  see  that  all
 the  counters are set at zero (000) and that the ballot labels are prop-
 erly placed, and that the machine is in all respects in proper condition
 for use. The use of such machine shall be deemed a compliance  with  any
 provision of law requiring the vote to be by ballot. The [board of coop-
 erative  educational  services]  NY POLYTECHNICAL INSTITUTE may purchase
 the necessary voting machine or machines; or  if  the  county  board  of
 elections  shall  consent thereto, such machines belonging to the county
 or belonging to the town in which any part of said [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall be located may be
 used at any such meeting, the expense  of  delivery  and  returning  and
 setting  up, and any other expense connected therewith shall be defrayed
 by the [board of  cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE;  but  such  machines  belonging to the county shall not be so
 used at the time or times when they may be required under  the  election
 law.
   h.  The  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall appoint a qualified voter of the [board  of  cooperative
 educational  services] NY POLYTECHNICAL INSTITUTE as the chairman of any
 such meeting.  The  clerk  of  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  shall  give  written  notice of
 appointment to the person so  appointed.  If  the  person  appointed  as
 chairman  refuses  to  accept  such  appointment, or fails to serve, the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 may  appoint  a qualified voter of the [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE to fill the  vacancy.  The  meeting
 shall be called to order by the chairman.
   i.  If the clerk of the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE shall not be present, the [board] INSTITUTE  may
 appoint  a  qualified  voter  of  the  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE to act as clerk of the meeting. The
 board shall appoint qualified voters of the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE as assistant clerks  of  the
 A. 9760                            44
 
 meeting. The clerk of the [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE  shall  give a written notice of appointment to
 the persons so appointed as assistant clerks.  If a person appointed  as
 assistant  clerk  refuses to accept such appointment, or fails to serve,
 the [board] INSTITUTE may appoint a qualified voter  of  the  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE to fill the
 vacancy.    Each  assistant clerk shall be entitled to compensation at a
 rate to be fixed by the [board] INSTITUTE  for  each  day  actually  and
 necessarily spent upon the duties of his office. The clerk and assistant
 clerk  or  clerks of the meeting shall keep an accurate and true written
 record of all proceedings of the meeting and  shall  file  such  written
 record with the clerk of the [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE within twenty-four hours after the meeting.
   j.  The  [board]  INSTITUTE  shall appoint two qualified voters of the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  each ballot box to be used to act as inspectors of election at such
 meeting. The clerk of the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE shall give written notice of appointment to  the
 persons  so  appointed.  If  a person appointed as inspector of election
 refuses to accept such appointment, or fails to  serve,  the  board  may
 appoint  a  qualified  voter  of  the  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE to  fill  the  vacancy.  Additional
 inspectors  of election may be appointed in the same manner when, in the
 opinion of the [board] INSTITUTE, special circumstances exist  requiring
 the  services  of such additional inspectors. The inspectors of election
 shall, before the polls are opened, organize  by  naming  one  of  their
 number  as chief inspector of election. Each inspector of election shall
 be entitled to compensation at a rate to be fixed by the [board]  INSTI-
 TUTE  for each day actually and necessarily spent upon the duties of his
 office.
   k. A poll list containing the name and legal residence of every person
 whose vote shall be received shall be kept by the  clerk  and  assistant
 clerk or clerks of the meeting.
   l. The [board] INSTITUTE shall at the expense of the [board of cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE provide a suit-
 able box or boxes in which the ballots, folded  so  as  to  conceal  the
 marking  thereon,  shall be deposited as they are received, and shall in
 like manner provide a voting booth or booths and  the  voters  shall  be
 required  to enter such booth or booths for the purpose of marking their
 ballots.
   m. The [board] INSTITUTE shall cause printed ballots to  be  prepared,
 setting  forth  the proposition or propositions to be voted upon, in the
 form applicable to the submission of a proposition to the meeting  of  a
 union free school district.
   n.  All  qualified  voters entitled to vote who are in the place where
 the meeting is held at or before the time of closing the polls shall  be
 allowed to vote.
   o.  Immediately upon the close of the polls the inspectors of election
 shall canvass the ballots in the same manner as ballots are canvassed at
 a meeting of a union free school district. The chairman of  the  meeting
 shall  declare  to the meeting the result of each ballot as announced to
 him by the inspectors of election, and those  propositions  receiving  a
 majority  of  the votes of the voters present and voting shall be deemed
 approved.
 A. 9760                            45
 
   p. The meeting of the voters of the [board of cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  shall  be conducted in the same
 manner as a meeting of the voters of a union free school district.
   q. If the [board] INSTITUTE shall so determine it may cause the [board
 of  cooperative  educational  services] NY POLYTECHNICAL INSTITUTE to be
 divided into election districts provided  that  in  each  such  election
 district  the  number  of  qualified  voters  shall at least equal seven
 hundred. If such resolution be adopted it shall  divide  the  [board  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTE into such
 number of election districts as the  [board]  INSTITUTE  may  determine,
 provided  that if circumstances will permit there shall be a schoolhouse
 in each election district or in  as  many  such  election  districts  as
 possible.  The  election districts so formed shall continue in existence
 until modified by resolution of the [board] INSTITUTE.  Such  resolution
 shall  accurately  describe  the  boundaries  of  each  such district by
 street, alley and highway or otherwise. Meetings of the  voters  of  the
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 shall be held thereafter in such election districts. The [board]  INSTI-
 TUTE  shall  designate the place within each election district where the
 meetings shall be held.  When  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE is divided into election districts,
 the  [board]  INSTITUTE  shall  cause  the  meeting  to  be held in each
 election district pursuant to the provisions  of  this  subdivision  and
 shall  appoint a chairman of the meeting, clerks and assistant clerks of
 the meeting and inspectors of election for each election  district.  The
 [board]  INSTITUTE  shall  designate  the election district in which the
 clerk of the [board of cooperative educational services] NY  POLYTECHNI-
 CAL  INSTITUTE  shall be present. Where the [board of cooperative educa-
 tional services]  NY  POLYTECHNICAL  INSTITUTE  has  been  divided  into
 election  districts,  the  inspectors  of  election shall make a written
 report of the results of the ballot, signed by all such  inspectors,  to
 the  chief  inspector  of  election of each election district. The chief
 inspector of election of each election district shall within twenty-four
 hours file such written report with the clerk of the [board  of  cooper-
 ative  educational  services]  NY POLYTECHNICAL INSTITUTE.   The [board]
 INSTITUTE shall thereupon within twenty-four hours tabulate and  declare
 the results of the ballot.
   r.  All  disputes concerning the validity of any meeting of the voters
 of a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE or of any of the acts of the officers  of  such  meeting  shall  be
 referred  to  the  commissioner  of  education for determination and his
 decisions in the matter shall be final and not subject  to  review.  The
 commissioner may in his discretion order a new meeting.
   s.  The  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall  provide  absentee  ballots  to  qualified  voters.  The
 commissioner  shall  adopt  regulations for the purposes of implementing
 the provisions of this paragraph which shall include, but not be limited
 to, creating the procedure for which  such  absentee  ballots  shall  be
 submitted;  providing  that such absentee ballots shall be, as nearly as
 practicable, in the same form as those voted at the  district  election;
 requiring  that  any absentee ballot applicant is or will be, on the day
 of the vote, a qualified voter of the [board of cooperative  educational
 services]  NY POLYTECHNICAL INSTITUTE and that he or she will be on such
 date over eighteen years of age, a citizen of the United States and  has
 or  will  have  resided  in said district for thirty days next preceding
 such date; and providing instructions as to the proper marking thereof.
 A. 9760                            46
 
   3. a. For the nineteen hundred ninety-seven--ninety-eight school  year
 and  thereafter,  the commissioner shall prescribe, in consultation with
 the comptroller of the state of New York and within the general taxonomy
 of accounts established by the comptroller pursuant to  section  thirty-
 six  of  the  general municipal law, a uniform and specific taxonomy for
 service programs and activities of [boards  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTES.  In developing such prescribed
 taxonomy, the commissioner shall  consider  the  recommendations  of  an
 advisory panel of district superintendents of schools or their represen-
 tatives as appointed by the commissioner for such purpose.
   b.  In developing and adopting a budget for the nineteen hundred nine-
 ty-seven--ninety-eight school year pursuant to this article, each [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE may  use
 the  same  locally  selected  specific taxonomy for service programs and
 activities as used for  the  nineteen  hundred  ninety-six--ninety-seven
 school  year  within the general taxonomy of accounts established by the
 comptroller pursuant to section thirty-six of the general municipal law,
 provided that all such accounts shall be converted to  the  uniform  and
 specific taxonomy prescribed by the commissioner pursuant to paragraph a
 of  this subdivision by October first, nineteen hundred ninety-seven and
 provided that copies of the approved program, capital and administrative
 budgets as converted to such uniform  and  specific  taxonomy  shall  be
 submitted  to  the  commissioner  on  or  before October first, nineteen
 hundred ninety-seven.
   c. In developing and adopting a budget pursuant to  this  article  for
 the nineteen hundred ninety-eight--ninety-nine school year and thereaft-
 er,  each  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall use  the  uniform  and  specific  taxonomy  for  service
 programs and activities prescribed by the commissioner pursuant to para-
 graph a of this subdivision.
   §  5.  Section  1952 of the education law, as amended by chapter 53 of
 the laws of 1986, is amended to read as follows:
   § 1952. Technologies network ties program. 1. There is  hereby  estab-
 lished  a  model  technologies  network ties program to pilot innovative
 uses  of  technology  for  interactive  instruction  and  administrative
 purposes,  in  order to determine the feasibility of developing a state-
 wide technologies network ties program.
   2. The commissioner shall develop a plan, subject to the  approval  of
 the  director  of the budget, for the allocation of such funds as may be
 made available for this program, including competitive grants to  school
 districts  and [boards of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTES for interactive instruction. Such plan shall include  a
 listing  of  the  school  districts,  [boards of cooperative educational
 services]  NY  POLYTECHNICAL  INSTITUTES  and  library  network  systems
 selected to take part in the pilot program.
   3.  Objectives  of  the  program  shall  include  the development of a
 network consisting of a structure which  will  electronically  link  all
 participating  agencies and allow for the transfer of administrative and
 instructional data  between  and  among  the  participating  sites.  The
 commissioner, in consultation with appropriate consultants and represen-
 tatives  of  participating  districts  and [boards of cooperative educa-
 tional services] NY POLYTECHICAL INSTITUTES,  will  be  responsible  for
 determining  the  appropriate  communication standards and protocols for
 the selection of hardware and software to be used in all facets  of  the
 project.
 A. 9760                            47
 
   4.   The   commissioner  shall  adopt  regulations  to  implement  the
 provisions of this section.
   §  6.  Subdivision  1  and 2 of section 57.17 of the arts and cultural
 affairs law, as added by chapter 737 of the laws of 1987, are amended to
 read as follows:
   1. "Local government" means any county, city,  town,  village,  school
 district,  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE, district  corporation,  public  benefit  corporation,  public
 corporation,  or  other government created under state law that is not a
 state department, division, board, bureau, commission or  other  agency,
 heretofore or hereafter established by law.
   2.  "Governing  body" means the town board, village board of trustees,
 city council, county legislature  or  board  of  supervisors,  board  of
 education or board of trustees of a school district or [board of cooper-
 ative  educational  services]  NY POLYTECHNICAL INSTITUTE, board of fire
 commissioners or other body authorized by law to govern the affairs of a
 local government.
   § 7. Paragraph (b) of subdivision 2-g of section 16 of the agriculture
 and markets law, as added by chapter 285 of the laws of 2021, is amended
 to read as follows:
   (b) the development of educational materials about  animal  and  plant
 fiber,  especially  for  young  people,  in cooperation with cooperative
 extension, [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES, local fairs, and the state fair.
   § 8. Subdivision 3 of section 31-g of the agriculture and markets law,
 as amended by chapter 528 of the laws of 2013, is  amended  to  read  as
 follows:
   3.  "Municipality"  shall mean any county, town, village, city, school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE, other special district, or any office or agency thereof.
   §  9.  Paragraph  (c) of subdivision 1 of section 107-a of the banking
 law, as added by chapter 708 of the laws of 1992, is amended to read  as
 follows:
   (c)   "Political   subdivision".  Any  municipal  corporation,  school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE,  district  corporation, special improvement district governed
 by a separate board of commissioners or a public library.
   § 10. Subdivision 3 of section 200 of the economic development law, as
 added by chapter 839 of the laws of 1987, is amended to read as follows:
   3. "Educational agency" shall mean a school district, [board of  coop-
 erative  educational  services]  NY  POLYTECHNICAL INTSTITUTE, community
 college, agricultural and technical college, or degree-granting institu-
 tion of higher education, or an independent not-for-profit  organization
 which  meets the standards of instructional quality established in regu-
 lation by the commissioner of education. These standards shall  include,
 but  not  be  limited  to, qualifications of administrative and instruc-
 tional personnel,  quality  of  established  curricula,  facilities  and
 equipment,  recordkeeping, admission, grading, attendance, and record of
 placement of completers which meets standards of acceptability as estab-
 lished by the commissioner of education.
   § 11. Paragraph (b) of subdivision 2 of section 201  of  the  economic
 development  law,  as  amended  by  chapter  435 of the laws of 1990, is
 amended to read as follows:
   (b) upon the  recommendation  of  the  interagency  review  committee,
 execute  and  monitor  grants and contracts to carry out the purposes of
 this article or authorize grants and contracts to be executed and  moni-
 A. 9760                            48
 
 tored  by  the department of labor for projects which provide on-the-job
 training reimbursements to businesses as described in this  article  and
 for such labor exchange and other related services as are agreed upon by
 the  agencies,  by  the  state  education  department for projects which
 provide classroom based training  which  will  be  delivered  by  school
 districts, [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES  and private degree-granting institutions of higher education
 and by the state university or the city university  for  projects  which
 provide  classroom  based  training which will be delivered by community
 colleges, agricultural and technical colleges, and public  degree-grant-
 ing  institutions  of  higher education or authorize such other arrange-
 ments as, upon the recommendation of the interagency  review  committee,
 the commissioner determines will advance the purposes of this program;
   § 12. Subdivision 1 of section 211 of the economic development law, as
 added by chapter 398 of the laws of 2018, is amended to read as follows:
   1. The department shall establish and support, within available appro-
 priations, entrepreneurship assistance centers at career education agen-
 cies  and  not-for-profit  corporations  including,  but not limited to,
 local development corporations, chambers  of  commerce,  community-based
 business  outreach centers and other community-based organizations.  The
 purpose of such centers shall be to train minority group members, women,
 individuals with a disability, dislocated workers and  veterans  in  the
 principles  and  practice  of  entrepreneurship in order to prepare such
 persons to pursue self-employment opportunities and to pursue a minority
 business enterprise or a women-owned business enterprise.  Such  centers
 shall  provide  for  training in all aspects of business development and
 small business management as defined by the commissioner.  For  purposes
 of  this  section,  "career  education  agency"  shall  mean a community
 college or [board of cooperative educational services] NY  POLYTECHNICAL
 INSTITUTE operating within the state.
   §  13.  Paragraph  5  of  subdivision (b) of section 8018 of the civil
 practice law and rules, as added by chapter 314 of the laws of 2000,  is
 amended to read as follows:
   5.  to  a  civil  cause of action in which a city, town, village, fire
 district, district corporation, school district or [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE is the plaintiff.
   § 14. Subdivision (g) of section 35  of  the  civil  service  law,  as
 amended  by  chapter  1167  of  the  laws of 1971, is amended to read as
 follows:
   (g) all persons employed by any title whatsoever  as  members  of  the
 teaching  and  supervisory staff of a school district, [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE or  county  voca-
 tional  education and extension board, as certified to the state commis-
 sion by the commissioner of education.  The  commissioner  of  education
 shall  prescribe qualifications for appointment for all classes of posi-
 tions so certified by him, and shall  establish  specifications  setting
 forth  the qualifications for and the nature and scope of the duties and
 responsibility of such positions. The commissioner  of  education  shall
 file  such  qualifications  for appointment and such specifications with
 the civil service commission;
   § 15. Section 62 of the civil service law, as amended by chapter 74 of
 the laws of 1967 and the second undesignated paragraph as added by chap-
 ter 195 of the laws of 1990, is amended to read as follows:
   § 62. Constitutional oath upon appointment. Every person  employed  by
 the state or any of its civil divisions, except an employee in the labor
 class, before he shall be entitled to enter upon the discharge of any of
 A. 9760                            49
 
 his  duties,  shall take and file an oath or affirmation in the form and
 language prescribed by the constitution for executive,  legislative  and
 judicial  officers,  which may be administered by any officer authorized
 to  take the acknowledgment of the execution of a deed of real property,
 or by an officer in whose office the oath is required to  be  filed.  In
 lieu  of  such  oath  administered by an officer, an employee may comply
 with the requirements of this section  by  subscribing  and  filing  the
 following statement: "I do hereby pledge and declare that I will support
 the constitution of the United States, and the constitution of the state
 of  New  York,  and  that  I will faithfully discharge the duties of the
 position of ............, according to the best of my  ability.  "  Such
 oath  or  statement  shall be required only upon original appointment or
 upon a new appointment following an interruption of continuous  service,
 and  shall  not be required upon promotion, demotion, transfer, or other
 change of title during the continued service of the  employee,  or  upon
 the reinstatement pursuant to law or rules of an employee whose services
 have  been  terminated  and  whose last executed oath or statement is on
 file. The oath of office heretofore taken by any employee as  previously
 required  by  law,  and  the oath of office hereafter taken or statement
 hereafter subscribed by any employee pursuant  to  this  section,  shall
 extend  to  and encompass any position or title in which such person may
 serve as an employee during the period of his continuous service follow-
 ing the taking of such oath or subscribing of such  statement,  and  his
 acceptance  of  such  new  title shall constitute a reaffirmance of such
 oath or statement. The oath or statement of every state  employee  shall
 be filed in the office of the secretary of state, of every employee of a
 municipal corporation with the clerk thereof, and of every other employ-
 ee,  including  the  employees  of a public library and the employees of
 [boards  of   cooperative   educational   services]   NY   POLYTECHNICAL
 INSTITUTES,  if  no place be otherwise provided by law, in the office of
 the clerk of the county in which he shall reside. The refusal or  wilful
 failure  of  such  employee  to take and file such oath or subscribe and
 file such statement shall terminate his employment until such oath shall
 be taken and filed or statement subscribed and filed as herein provided.
   An enrolled member of an Indian nation or an Indian individual  having
 an  affiliation with an Indian nation recognized by the United States or
 the state of New York may elect to comply with the requirements of  this
 section by instead subscribing and filing the following statement:
   "I  do  solemnly affirm that I will faithfully discharge the duties of
 the position of              according to the best of  my  ability,  and
 perform  my  duties  in a manner consistent with the constitution of the
 United States and the constitution of the state of New York."
   § 16. Section 159-b of the civil service law, as  amended  by  chapter
 465 of the laws of 2017, is amended to read as follows:
   §  159-b.  Excused leave to undertake a screening for cancer. 1. Every
 public officer, employee of this state, employee of any county, employee
 of any community college, employee of any public authority, employee  of
 any  public  benefit  corporation, employee of any [board of cooperative
 educational services (BOCES)] NY POLYTECHNICAL  INSTITUTE,  employee  of
 any  vocational  education  and  extension  board,  or a school district
 enumerated in section one of chapter five hundred sixty-six of the  laws
 of  nineteen hundred sixty-seven, employee of any municipality, employee
 of any school district or any employee of a  participating  employer  in
 the New York state and local employees' retirement system or any employ-
 ee  of  a participating employer in the New York state teachers' retire-
 ment system shall be entitled to absent himself or herself and shall  be
 A. 9760                            50
 
 deemed to have a paid leave of absence from his or her duties or service
 as  such public officer or employee of this state, employee of any coun-
 ty, employee of any community college, employee of any public authority,
 employee  of  any  public benefit corporation, employee of any [board of
 cooperative educational services (BOCES)]  NY  POLYTECHNICAL  INSTITUTE,
 employee  of  any  vocational education and extension board, or a school
 district enumerated in section one of chapter five hundred sixty-six  of
 the  laws of nineteen hundred sixty-seven, employee of any municipality,
 employee of any school district, or  any  employee  of  a  participating
 employer in the New York state and local employees' retirement system or
 any employee of a participating employer in the New York state teachers'
 retirement  system  for  a sufficient period of time, not to exceed four
 hours on an annual basis, to undertake a screening for cancer.
   2. The entire period of the leave of absence granted pursuant to  this
 section  shall  be  excused  leave  and shall not be charged against any
 other leave such public officer, employee of this state, employee of any
 county, employee of  any  community  college,  employee  of  any  public
 authority,  employee  of any public benefit corporation, employee of any
 [board of cooperative educational  services  (BOCES)]  NY  POLYTECHNICAL
 INSTITUTE,  employee of any vocational education and extension board, or
 a school district enumerated in section  one  of  chapter  five  hundred
 sixty-six  of  the laws of nineteen hundred sixty-seven, employee of any
 municipality, employee of any school  district  or  any  employee  of  a
 participating  employer  in  the  New  York  state  and local employees'
 retirement system or any employee of a participating employer in the New
 York state teachers' retirement system is otherwise entitled to.
   § 17. Subdivision 1 of section 159-c of  the  civil  service  law,  as
 added by chapter 77 of the laws of 2021, is amended to read as follows:
   1. Every public officer, employee of this state, employee of any coun-
 ty, employee of any community college, employee of any public authority,
 employee  of  any  public benefit corporation, employee of any [board of
 cooperative educational services (BOCES)]  NY  POLYTECHNICAL  INSTITUTE,
 employee  of  any  vocational education and extension board, or a school
 district enumerated in section one of chapter five hundred sixty-six  of
 the  laws of nineteen hundred sixty-seven, employee of any municipality,
 employee of any school district  or  any  employee  of  a  participating
 employer in the New York state and local employees' retirement system or
 any employee of a participating employer in the New York state teachers'
 retirement  system  shall  be  entitled to absent himself or herself and
 shall be deemed to have a paid leave of absence from his or  her  duties
 or service for a sufficient period of time, not to exceed four hours per
 vaccine  injection,  unless  such  officer  or  employee shall receive a
 greater number of hours pursuant to a collectively  bargained  agreement
 or  as otherwise authorized by the employer, to be vaccinated for COVID-
 19.
   § 18. Paragraphs (d) and (f) of subdivision 7 of section  201  of  the
 civil  service  law, paragraph (d) as amended and paragraph (f) as added
 by chapter 769 of the laws of 1989, are amended to read as follows:
   (d) A substitute teacher or a  person  employed  in  a  nonpedagogical
 position  who  has received a reasonable assurance of continuing employ-
 ment in accordance with  subdivision  ten  or  eleven  of  section  five
 hundred  ninety  of  the labor law which is sufficient to disqualify the
 substitute teacher or person employed in a nonpedagogical position  from
 receiving  unemployment  insurance  benefits  shall  be  deemed to be an
 employee of the school district or  [board  of  cooperative  educational
 services]  NY POLYTECHNICAL INSTITUTE that has furnished such reasonable
 A. 9760                            51
 
 assurance of  continuing  employment;  provided  however  that  for  the
 purposes of this article only, the determination of whether such reason-
 able assurance was furnished shall be made as if such determination were
 made  prior to the promulgation by the United States department of labor
 of program letter number 4-87, dated  December  twenty-fourth,  nineteen
 hundred eighty-six.
   (f)  The  term "public employee" means any person employed by a school
 district or [board of cooperative educational services] NY  POLYTECHNIAL
 INSTITUTE  not  otherwise deemed to be a public employee pursuant to the
 provisions of this subdivision, but who would be deemed a public employ-
 ee under precedents or standards utilized or promulgated  by  the  board
 for  determining  whether  a person employed in a part-time, seasonal or
 casual position by a public employer other than  a  school  district  or
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 would be a public employee under  paragraph  (a)  of  this  subdivision,
 taking into account the length of the school day and school year.
   §  19.  Paragraph  (f)  of  subdivision  3 of section 209 of the civil
 service law, as amended by chapter 216 of the laws of 1977,  is  amended
 to read as follows:
   (f)  where the public employer is a school district, a [board of coop-
 erative educational services] NY POLYTECHNICAL  INSTITUTE,  a  community
 college, the state university of New York, or the city university of New
 York, the provisions of subparagraphs (iii) and (iv) of paragraph (e) of
 this  subdivision  shall  not  apply,  and  (i) the board may afford the
 parties an opportunity to explain their positions with  respect  to  the
 report  of  the fact-finding board at a meeting at which the legislative
 body, or a duly authorized committee thereof, may be present; (ii) ther-
 eafter, the legislative body may take such action as  is  necessary  and
 appropriate to reach an agreement. The board may provide such assistance
 as may be appropriate.
   §  20.  Subdivision  19 of section 2 of the education law, as added by
 chapter 725 of the laws of 1980, is amended to read as follows:
   19. Expenditures. For purposes  of  computing  aid  to  public  school
 districts, [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES, nonpublic elementary and secondary schools, public and coop-
 erative  library systems or public and free association libraries pursu-
 ant to this chapter or any other law, such aid shall be  computed  using
 state  aid  worksheets  developed pursuant to regulations of the commis-
 sioner, designed to reflect use of the state comptroller's definition of
 expenditures to the  extent  possible.  Such  worksheet  definitions  of
 expenditures shall be used notwithstanding the fact that this chapter or
 other  applicable law may use terms such as cash expenditures, expenses,
 costs, paid, payments, or other such terms.
   § 21. Paragraphs c and f of subdivision 1 of section 2-c of the educa-
 tion law, as added by section 1 of subpart K of part AA of chapter 56 of
 the laws of 2014, are amended to read as follows:
   c. "Shared learning infrastructure service provider" or "SLISP"  shall
 mean  any entity that collects, stores, organizes, or aggregates student
 information and contracts with or enters  into  an  agreement  with  the
 department  for  the purposes of providing student information to a data
 dashboard operator for use in a data dashboard. Provided that  the  term
 SLISP  shall not include [boards of cooperative educational services] NY
 POLYTECHNICAL INSTITUTES or regional  information  centers  operated  by
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 or other public entities.
 A. 9760                            52
 
   f.  "Educational agency" shall mean any public school district, [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE, special
 act school district, public school kindergarten program, universal  pre-
 kindergarten  programs authorized pursuant to section thirty-six hundred
 two-e  of  this  chapter,  publicly  funded  pre-kindergarten  programs,
 approved  preschool  special  education  programs  pursuant  to  section
 forty-four  hundred ten of this chapter, approved private school for the
 education of students with disabilities and a state supported  or  state
 operated school subject to the provisions of article eighty-five, eight-
 y-seven or eighty-eight of this chapter.
   §  22.  Paragraph  c  of subdivision 1 of section 2-d of the education
 law, as added by section 1 of subpart L of part AA of chapter 56 of  the
 laws of 2014, is amended to read as follows:
   c. "Educational agency" means a school district, [board of cooperative
 educational  services] NY POLYTECHNICAL INSTITUTE, school, or the educa-
 tion department.
   § 23. Subdivision 2 of section 101-b of the education law, as added by
 chapter 378 of the laws of 2010, is amended to read as follows:
   2. It shall be the duty of the commissioner  to  review  all  existing
 reports  and  plans  that  school  districts  and [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES are required to submit
 and by November first, two thousand ten, the commissioner  shall  submit
 to  the board of regents, the governor, the speaker of the assembly, the
 temporary president of the senate, the director of the  budget  and  the
 chairs  of  the respective fiscal and education committees of the senate
 and assembly specific recommendations to eliminate unnecessary or dupli-
 cative reporting requirements; and where  possible,  recommendations  to
 consolidate  reports, plans and other information required to be submit-
 ted to the commissioner including which recommendations could be  imple-
 mented administratively and which would require statutory authorization.
   § 24. Paragraph (i) of subdivision 5 of section 211-e of the education
 law,  as added by chapter 103 of the laws of 2010, is amended to read as
 follows:
   (i) "educational partnership organization" means a [board  of  cooper-
 ative  educational  services]  NY  POLYTECHNICAL  INSTITUTE, a public or
 independent, non-profit institution  of  higher  education,  a  cultural
 institution,  or a private, non-profit organization with a proven record
 of success in intervening in low-performing schools,  as  determined  by
 the  commissioner,  provided  that such term shall not include a charter
 school;
   § 25. Subdivisions 2, 3, 4, and 5 of section 213 of the education law,
 subdivisions 2 and 3 as amended and subdivisions 4 and  5  as  added  by
 chapter 724 of the laws of 1961, are amended to read as follows:
   2.  In carrying out the provisions of subdivision one of this section,
 the  regents  may:    a.   Contract with institutions in the university,
 school districts, [boards of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTES  or  other non-profit educational agencies for the
 acquisition from such institutions, school districts, boards or agencies
 of sound films,  kinescopes,  audio  recordings  and  video  recordings,
 scripts,  research  reports or related educational television materials,
 for the use of the department, or  for  the  production  of  educational
 television programs:
   b.    Lease,  to  school districts, [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES or television corporations created
 pursuant to section two hundred thirty-six of this chapter,  educational
 television  facilities, including transmitters, micro-wave relay facili-
 A. 9760                            53
 
 ties, production  centers,  closed-circuit  systems  and  any  equipment
 necessary  therefor,  constructed  or  acquired, and owned by the state,
 leased by the state, or contract with such districts, [boards of cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTES or corporations
 for the operation of such facilities:
   c.  Lease and operate a television station in the city of New York.
   3.  For the purpose of carrying out the provisions of subdivision  two
 of this section, the regents may make rules or authorize the commission-
 er to make regulations providing standards for research and experimenta-
 tion,  operation  and programming of educational television by the state
 and the school districts, [boards of cooperative  educational  services]
 NY  POLYTECHNICAL  INSTITUTES,  institutions, corporations and agencies,
 respectively.
   4.  In carrying out the provisions of subdivisions one and two of this
 section and in order to encourage and stimulate the further  development
 and  use  of educational television in the state of New York and for the
 purposes of providing educational services and facilities for pupils  in
 the  public  schools  of  the state of New York, the board of regents is
 hereby authorized to make additional apportionments to school  districts
 or  [boards of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTES in accordance with the provisions of this subdivision to encourage
 and assist such districts or [boards] INSTITUTES to install and  operate
 a broadcast or closed-circuit television system, or television receiving
 equipment for the improvement of classroom instruction.
   a.  Any school district or [board of cooperative educational services]
 NY  POLYTECHNICAL  INSTITUTE  planning to establish such a program shall
 submit to the commissioner of education on or before the  first  day  of
 May  of  the  school  year  preceding  the  school year during which the
 program is to be conducted an application, together with  such  informa-
 tion  as the commissioner of education shall require, including at least
 a complete statement of purposes of the program, the detailed procedures
 of operation, a detailed estimate of the cost  of  such  program  and  a
 complete  description  of the installation and equipment to be installed
 and the detailed procedures of evaluations to be used in determining the
 improvement of classroom instruction.
   b.  The commissioner of education shall establish procedures for eval-
 uations of such programs.  One such program for each school district  or
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 may be approved by the commissioner of education,  and  any  program  so
 approved  by  the commissioner of education shall be placed on a list in
 accordance with the educational merit and value of the program, and  the
 date of receipt of the application, where several programs are evaluated
 as having equal merit and value.
   c.    Apportionment  shall then be made in accordance with the formula
 contained in paragraph d of this  subdivision,  in  the  order  of  such
 programs  on the list established in accordance with paragraph b of this
 subdivision within the amount of the appropriation therefor.
   d.  Any district or [board] INSTITUTE which proposes  to  install  and
 operate  a  broadcast  or closed-circuit television system or television
 receiving equipment for the improvement  of  classroom  instruction,  in
 accordance  with  a program approved as provided in this subdivision and
 to the extent that funds are available  pursuant  to  this  subdivision,
 shall  be  entitled  to  an  apportionment  during  the five-year period
 following the approval of the program as follows:
   Fifty per cent of the approved cost relative to  the  acquisition  and
 installation  of the equipment, and during the first year fifty per cent
 A. 9760                            54
 
 of the approved operational expenses in  connection  with  the  approved
 operation  of  the program; during the second year forty per cent of the
 approved operational expenses in connection with the approved  operation
 of  the  program;  during the third year thirty per cent of the approved
 operational expenses in connection with the approved  operation  of  the
 program;  during  the fourth year twenty per cent of the approved opera-
 tional expenses  in  connection  with  the  approved  operation  of  the
 program;  and  during the fifth year ten per cent of the approved opera-
 tional expenses  in  connection  with  the  approved  operation  of  the
 program.
   5.  A school district or a [board of cooperative educational services]
 NY  POLYTECHNICAL INSTITUTE is hereby authorized and empowered to do and
 perform any and all acts necessary or convenient to enable it  to  carry
 out the provisions of this section.
   §  26. Subdivision 1 of section 215-a of the education law, as amended
 by chapter 44 of the laws of 2000, is amended to read as follows:
   1. The regents of the university  of  the  state  of  New  York  shall
 prepare  and  submit  to  the  governor,  the temporary president of the
 senate, and the speaker of the assembly, not later than the first day of
 January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
 teen hundred ninety-one and the fifteenth day of February of  each  year
 thereafter, a report concerning the schools of the state which shall set
 forth  with  respect  to  the  preceding school year: enrollment trends;
 indicators of student  achievement  in  reading,  writing,  mathematics,
 science  and  vocational  courses;  graduation,  college  attendance and
 employment rates; such other indicators of student  performance  as  the
 regents  shall determine; information concerning teacher and administra-
 tor preparation, turnover, in-service education and performance;  infor-
 mation  concerning  school library expenditures and school library media
 specialist employment; expenditure per pupil on  regular  education  and
 expenditure per pupil on special education and such other information as
 requested by the governor, the temporary president of the senate, or the
 speaker of the assembly. To the extent practicable, all such information
 shall be displayed on both a statewide and individual district basis and
 by racial/ethnic group and gender. The regents are authorized to require
 school  districts, [boards of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTES and nonpublic schools to provide  such  information
 as  is  necessary  to  prepare  the report. In preparing the report, the
 regents shall consult with other  interested  parties,  including  local
 school  districts,  teachers' and faculty organizations, school adminis-
 trators, parents and students.
   § 27. Section 215-b of the education law, as amended by chapter 301 of
 the laws of 1996, is amended to read as follows:
   § 215-b. Annual report by commissioner to  governor  and  legislature.
 The commissioner shall prepare and submit to the governor, the president
 pro  tem  of  the  senate and the speaker of the assembly not later than
 January first, nineteen hundred ninety-six and by the first day of Janu-
 ary in each year  thereafter,  a  report  detailing  the  financial  and
 statistical  outcomes of [boards of cooperative educational services] NY
 POLYTECHNICAL INSTITUTES which shall, at minimum, set forth with respect
 to the preceding school year: tuition costs for selected programs; stan-
 dard per pupil cost information for selected services as  determined  by
 the commissioner; and aggregate expenditure data for the following cate-
 gories:   administration,   instructional  services,  career  education,
 special education, rent and facilities  and  other  services;  and  such
 other  information as deemed appropriate by the commissioner. The format
 A. 9760                            55
 
 for such report shall be developed in consultation with school  district
 officials  and  the  director  of  the  budget. Such report will include
 changes from the year prior to the report year for each  such  item  for
 all [boards of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTES.  Such  report  shall  be  distributed to all school districts and
 [boards of cooperative educational services]   NY  POLYTECHNICAL  INSTI-
 TUTES  and  shall be made available to all other interested parties upon
 request.
   § 28. Subdivision 2 of section 215-c of the education law, as added by
 chapter 474 of the laws of 1996, is amended to read as follows:
   2. The board and the commissioner shall wherever  practicable  promote
 cost-effectiveness and cost-effective practices in the public elementary
 and  secondary  schools and [boards of cooperative educational services]
 NY POLYTECHNICAL INSTITUTES of the state. As part of the effort pursuant
 to this section, by January first,  nineteen  hundred  ninety-eight  and
 periodically  thereafter,  the  commissioner  shall (a) identify current
 structures, policies, laws and regulations which hinder  cost-effective-
 ness  in  schools  and  school  districts;  (b)  identify cost-effective
 districts by determining which schools or school districts  have  demon-
 strated  significant  achievement  or  improvement  relative to resource
 allocation in such areas as student  performance,  instruction,  manage-
 ment,  business administration, early childhood education and such other
 areas as  the  board  deems  appropriate;  (c)  identify  cost-effective
 action,  policies,  practices  and  programs  which  may be successfully
 replicated in other school districts;  and  (d)  recommend  or,  to  the
 extent  feasible,  develop  specific  cost-effective  ways  in  which to
 encourage, recognize and reward  academic  improvement  and  success  in
 school districts, and remove existing penalties and fiscal disincentives
 to such improvement or success.
   § 29. Section 282 of the education law, as added by chapter 348 of the
 laws of 1984, is amended to read as follows:
   §  282.  Establishment of school library systems.  The commissioner is
 authorized to approve the establishment of school library systems,  each
 system  to  be  composed  of school districts which are located within a
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 area,  or  a  school  district  serving  a city with a population of one
 hundred twenty-five thousand  or  more,  or  combinations  thereof.  The
 systems  may  include  non-public  school  libraries as defined in regu-
 lations to be promulgated by the commissioner. Upon establishment,  such
 school  library  systems  shall  be  governed by either their respective
 [boards  of   cooperative   educational   services]   NY   POLYTECHNICAL
 INSTITUTES,  by  boards  of education in school districts serving cities
 with populations of one hundred twenty-five thousand or more,  or  by  a
 governing body established under the plan to be submitted to the commis-
 sioner in cases of systems serving a combination of areas.
   § 30. Subparagraph 2 of paragraph e of subdivision 1 of section 284 of
 the  education  law,  as amended by section 5 of part O of chapter 57 of
 the laws of 2005, is amended to read as follows:
   (2) five hundred dollars per public  school  district  located  within
 such  system,  and  a minimum of four thousand three hundred dollars per
 system located within a [board of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTE  area, or five thousand dollars per city school
 district of a city with a population of one hundred twenty-five thousand
 inhabitants or more, and
   § 31. Paragraph b of subdivision 21, subdivisions 25, 27, 28, 30,  45,
 51,  54,  and  56,  subparagraph (iii) of paragraph a and paragraph b of
 A. 9760                            56
 
 subdivision 56, and subdivision 59 of section 305 of the education  law,
 paragraph  b  of  subdivision 21 as amended by section 61 of part YYY of
 chapter 59 of the laws of 2017, subdivision 25 as added by  chapter  474
 of  the  laws of 1996, subdivision 27 as added by section 1 of part A of
 chapter 436 of the laws of 1997, subdivision 28 as added by section  3-a
 of part L of chapter 405 of the laws of 1999, subdivision 30 as added by
 chapter  180  of  the  laws of 2000, paragraphs (a) and (d), the opening
 paragraph and subparagraph (i) of paragraph (b), and subparagraph  (vii)
 of paragraph (c) of subdivision 30 as amended by chapter 630 of the laws
 of 2006, subparagraph (vi) as added and subparagraph (viii) of paragraph
 (c)  of subdivision 30 as renumbered by chapter 182 of the laws of 2000,
 paragraph (e) of subdivision 30 as added by chapter 147 of the  laws  of
 2001,  subdivision  45  as added by section 1 of subpart B of part AA of
 chapter 56 of the laws of 2014, subdivision 51 as amended by chapter  67
 of  the  laws of 2019, subdivision 54 as added by section 4 of subpart C
 of part B of chapter 20 of the laws of 2015, subdivision 56 as added  by
 chapter  216  of the laws of 2017, subparagraph (iii) of paragraph a and
 paragraph b of subdivision 56 as added by chapter 347  of  the  laws  of
 2017,  and  subdivision 59 as added by section 4 of subpart A of part JJ
 of chapter 56 of the laws of 2021, are amended to read as follows:
   b. The commissioner shall periodically prepare an  updated  electronic
 data  file  containing  actual and estimated data relating to apportion-
 ments due and owing during the current school year  and  projections  of
 such  apportionments  for  the following school year to school districts
 and [boards of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTES from the general support for public schools, growth and [boards of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES  appropri-
 ations  on  the following dates: November fifteenth, or such alternative
 date as may be requested by the director of the budget for  the  purpose
 of  preparation  of  the  executive  budget; February fifteenth, or such
 alternative date as may be jointly requested by the chair of the  senate
 finance  committee  and the chair of the assembly ways and means commit-
 tee; and May fifteenth. For the purposes of  using  estimated  data  for
 projections  of  apportionments  for  the following school year, when no
 specific apportionment has yet been made for such school year, but  such
 apportionment  has a history of annual reauthorization, the commissioner
 shall estimate the apportionment at the  same  level  as  the  preceding
 school year, subject to the annual approval of the director of the budg-
 et,  the chairperson of the senate finance committee and the chairperson
 of the assembly ways and means committee.
   25. The commissioner shall conduct periodic fiscal audits  of  [boards
 of  cooperative  educational  services]  NY  POLYTECHNICAL INSTITUTES as
 defined in section nineteen hundred fifty of this chapter  and,  to  the
 extent  sufficient  resources  are  provided  the  department  for  such
 purpose, shall assure that each such [board of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  is  audited at least once every
 three years.
   27. The commissioner shall promulgate regulations in consultation with
 the New York state energy research and development authority  concerning
 the  development and approval of energy performance contracts for school
 districts and [boards of cooperative educational services] NY  POLYTECH-
 NICAL  INSTITUTES  in accordance with subdivision eight of section 9-103
 of the energy law.
   28. On or before April first, two  thousand,  the  commissioner  shall
 develop  and  implement  an  automated [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE state aid reporting system for  the
 A. 9760                            57
 
 purpose of tracking and reporting state and local expenditures for aida-
 ble  shared  services  pursuant  to subdivision five of section nineteen
 hundred fifty of this chapter. Such system shall track state  and  local
 expenditures  in  the  manner  prescribed  by the commissioner, provided
 that, at a minimum, such system shall report such expenditures by [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE, by type
 of cooperative  service  agreement  (CO-SER)  and  by  component  school
 district. In addition, such system shall report expenses and aid totals,
 as  well  as  expenditures  and  aid per resident weighted average daily
 attendance.
   30. (a) The commissioner, in cooperation with the division of criminal
 justice services and in accordance with  all  applicable  provisions  of
 law,  shall promulgate rules and regulations to require the fingerprint-
 ing of prospective employees, as defined in section eleven hundred twen-
 ty-five of this  chapter,  of  school  districts,  charter  schools  and
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 and authorizing the fingerprinting of prospective employees of nonpublic
 and  private elementary and secondary schools, and for the use of infor-
 mation derived from searches of the records of the division of  criminal
 justice  services  and  the federal bureau of investigation based on the
 use of such fingerprints. The commissioner shall also develop a form for
 use by school districts, charter schools, [boards of cooperative  educa-
 tional  services] NY POLYTECHNICAL INSTITUTES, and nonpublic and private
 elementary and secondary schools in connection with  the  submission  of
 fingerprints  that  contains the specific job title sought and any other
 information that may be relevant to consideration of the applicant.  The
 commissioner  shall also establish a form for the recordation of allega-
 tions of child abuse in an educational setting, as required pursuant  to
 section  eleven  hundred  twenty-six  of this chapter. No person who has
 been fingerprinted pursuant to section three  thousand  four-b  of  this
 chapter  or  pursuant  to section five hundred nine-cc or twelve hundred
 twenty-nine-d of the vehicle and  traffic  law  and  whose  fingerprints
 remain  on  file with the division of criminal justice services shall be
 required to undergo fingerprinting for purposes of a new criminal histo-
 ry record check. This subdivision and the rules and regulations  promul-
 gated  pursuant  thereto  shall  not apply to a school district within a
 city with a population of one million or more.
   (b) The commissioner, in cooperation with  the  division  of  criminal
 justice  services,  shall  promulgate  a form to be provided to all such
 prospective employees of school districts, charter schools,  [boards  of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTES,  and
 nonpublic and private elementary and secondary  schools  that  elect  to
 fingerprint and seek clearance for prospective employees that shall:
   (i)  inform the prospective employee that the commissioner is required
 or authorized to request his or her criminal  history  information  from
 the  division  of  criminal  justice  services and the federal bureau of
 investigation and review such information pursuant to this section,  and
 provide  a  description  of  the  manner in which his or her fingerprint
 cards will be used upon submission to the division of  criminal  justice
 services;
   (ii)  inform  the prospective employee that he or she has the right to
 obtain, review and seek correction of his or her criminal history infor-
 mation pursuant to regulations and procedures established by  the  divi-
 sion of criminal justice services.
 A. 9760                            58

   (c) The prospective employer shall obtain the signed, informed consent
 of  the  prospective  employee on such form supplied by the commissioner
 which indicates that such person has:
   (i)  been  informed  of  the right and procedures necessary to obtain,
 review and seek correction of his or her criminal history information;
   (ii) been informed of the reason for the request for his or her crimi-
 nal history information;
   (iii) consented to such request for a report;
   (iv) supplied on the form a current mailing or home  address  for  the
 prospective employee;
   (v)  been  informed that he or she may withdraw his or her application
 for employment pursuant to this section, without prejudice, at any  time
 before  employment  is  offered  or  declined, regardless of whether the
 prospective employee or employer has reviewed such  prospective  employ-
 ee's criminal history information;
   (vi)  where  the  applicant is to be fingerprinted pursuant to section
 three thousand thirty-five of this chapter, the process  for  seeking  a
 waiver of the fees associated with conducting a criminal history records
 check,  pursuant  to  paragraph (b) of subdivision four of section three
 thousand thirty-five of this chapter,
   (vii) been informed that in the event his or her employment is  termi-
 nated  and  such  person  has not become employed in the same or another
 school district,  charter  school,  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE, or nonpublic or private elementary
 or  secondary  school  within  twelve-months  of  such  termination, the
 commissioner shall notify the division of criminal justice  services  of
 such  termination,  and  the division of criminal justice services shall
 destroy the fingerprints of such person. Such person  may  request  that
 the  commissioner  notify the division of criminal justice services that
 his or her fingerprints shall be destroyed prior to  the  expiration  of
 such twelve month period in which case the commissioner shall notify the
 division of criminal justice services and the division shall destroy the
 fingerprints of such person promptly upon receipt of the request; and
   (viii)  been  informed  of the manner in which he or she may submit to
 the commissioner any information that may be relevant to  the  consider-
 ation  of his or her application for clearance including, where applica-
 ble, information in regard to his or  her  good  conduct  and  rehabili-
 tation.
   (d)  The commissioner shall develop forms to be provided to all school
 districts, charter schools, [boards of cooperative educational services]
 NY POLYTECHNICAL INSTITUTES, and to all nonpublic and private elementary
 and secondary  schools  that  elect  to  fingerprint  their  prospective
 employees,  to  be  completed  and  signed by prospective employees when
 conditional appointment or emergency conditional appointment is offered.
   (e) The commissioner may promulgate rules  and  regulations  regarding
 the  conditional  appointment and emergency conditional appointment of a
 prospective employee.
   45. The commissioner shall provide that no school district  or  [board
 of  cooperative  educational  services]  NY  POLYTECHNICAL INSTITUTE may
 place or include on a student's official transcript  or  maintain  in  a
 student's  permanent  record  any  individual  student  score on a state
 administered standardized English language arts or  mathematics  assess-
 ment  for grades three through eight, provided that nothing herein shall
 be construed to interfere with required state or federal reporting or to
 excuse a school district from maintaining  or  transferring  records  of
 A. 9760                            59
 
 such test scores separately from a student's permanent record, including
 for purposes of required state or federal reporting.
   51.  The  commissioner  shall, in order to assist school districts and
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 in developing next generation training programs for teachers and princi-
 pals, develop professional development tools,  resources  and  materials
 that  school  districts, [boards of cooperative educational services] NY
 POLYTECHNICAL INSTITUTES,  teachers  and  principals  may  utilize.  The
 commissioner  may collaborate with the state university of New York, the
 city university of New York, and independent colleges  and  universities
 to  offer effective, data-informed professional development and coaching
 to meet the needs of implementing the next  generation  learning  stand-
 ards. Such professional development and coaching shall include necessary
 materials,  age  appropriate instruction and resources that provide best
 practices for the effective implementation of the next generation learn-
 ing standards. Such support  shall  be  available  for  the  purpose  of
 providing  professional development for teachers and principals, as well
 as preparation programs for participating school districts,  [boards  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTES, charter
 schools and communities at large, and may  include  recommendations  for
 how teachers and principals can collaborate on strategies, including but
 not  limited  to  study  groups and coaching, to improve classroom prac-
 tices.  The commissioner shall also identify regional examples of school
 districts that have successfully implemented the next generation  learn-
 ing  standards,  where  such  examples  exist,  and  shall  invite  such
 districts to serve on a  voluntary  basis  as  models  that  principals,
 teachers  and other school professionals within the region may visit and
 observe. In addition, the commissioner shall include  opportunities  for
 teachers  and  other content-area experts to provide feedback and recom-
 mendations for the continuous improvement and development  of  voluntary
 next generation curriculum modules offered by the department.
   54.  Notwithstanding  any  law, rule or regulation to the contrary, no
 teacher, principal, or superintendent shall be required to sign a confi-
 dentiality agreement with their respective school  district,  [board  of
 cooperative  educational  services]  NY  POLYTECHNICAL INSTITUTE, or the
 department that prevents such teacher, principal, or superintendent from
 discussing the contents of any items on the English  language  arts  and
 mathematics  assessments  in grades three through eight after such items
 have been released by the department pursuant to subdivision fifty-one-a
 of this section or after such items have been publicly disclosed by  the
 department  or  other  appropriate  entity. The commissioner shall amend
 and/or modify any current confidentiality  agreement  inconsistent  with
 this  subdivision  and shall promulgate regulations consistent with this
 subdivision.
   56. The commissioner shall issue a guidance memorandum in  cooperation
 with stakeholders and other interested parties, to every school district
 and  [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE to inform them of the unique educational  needs  of  students  with
 dyslexia,   dyscalculia  and  dysgraphia  and  to  clarify  that  school
 districts may reference or use  the  terms  dyslexia,  dyscalculia,  and
 dysgraphia  in evaluations, eligibility determinations, or in developing
 an individualized education program (IEP)  under  the  Individuals  with
 Disabilities  Education  Act  (IDEA) pursuant to part 300 of title 34 of
 the code of federal regulations, as such regulations may, from  time  to
 time, be amended.
 A. 9760                            60
 
   (iii)  public  availability  of  all  materials  related to the sepsis
 awareness, prevention and education program on a  dedicated  webpage  on
 the  department's  internet  website,  and  provided at no cost to every
 school district, [board of cooperative educational  services]  NY  POLY-
 TECHNICAL INSTITUTE, charter school and nonpublic school upon request.
   b.  The commissioner shall issue a guidance memorandum to every school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE,  charter  school  and nonpublic school, to inform them of the
 availability of the sepsis awareness, prevention and  education  program
 and  to  encourage them to develop policies and procedures, in consulta-
 tion with their director of school health services, or  the  substantial
 equivalent  as  determined by the commissioner in regulations, regarding
 when parents and persons in parental relations are  to  be  notified  of
 illness  or  injuries  occurring in school which affects their child, in
 accordance with article nineteen of this chapter. The commissioner shall
 annually remind school districts,  [boards  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTES,  charter schools and nonpublic
 schools, of the availability of sepsis awareness and prevention  materi-
 als as part of sepsis awareness month.
   59. The commissioner shall make available educational materials devel-
 oped  pursuant  to subdivision two of section three hundred seventy-c of
 the social services  law  to  every  school  district,  charter  school,
 nonpublic  school, approved preschool, approved preschool special educa-
 tion program, approved private residential or non-residential school for
 the education of students with disabilities, state-supported  school  in
 accordance with article eighty-five of this chapter, and [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE for the purpose
 of educating parents, guardians and other authorized individuals respon-
 sible  for  the  child's  care  about adverse childhood experiences, the
 importance of protective factors, and the availability of  services  for
 children  at risk for or experiencing adverse childhood experiences. The
 commissioner shall provide that  such  educational  materials  are  made
 available  online  pursuant  to subdivision two of section three hundred
 seventy-c of the social services law.
   § 32. The opening paragraph of paragraph a of subdivision 1,  subdivi-
 sions  2,  3,  5,  6,  7-a,  and  8, and paragraph b of subdivision 9 of
 section 316 of the education law, as added by chapter 53 of the laws  of
 1984,  subdivision  3 as amended by section 1 of part A of chapter 60 of
 the laws of 2000, subdivision 5 as amended by section 1  of  part  L  of
 chapter 405 of the laws of 1999, subdivision 7-a as added by chapter 579
 of  the  laws of 1986, subdivision 8 as amended by section 4-a of part B
 of chapter 57 of the laws of 2007, and paragraph b of subdivision  9  as
 added  by  section  1  of  part C of chapter 58 of the laws of 1998, are
 amended to read as follows:
   "Teacher resource and computer training center" means any  site  oper-
 ated  by  a school district, [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE or a consortium of  school  districts  and/or
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 which  is  specifically  established pursuant to this section to provide
 professional support services to teachers within the state in order to:
   2. In order to provide the school districts and teachers of the  state
 with  an  opportunity to develop systematic, ongoing in-service training
 programs,  assure  the  dissemination  and  application  of  educational
 research developments to classroom instruction and develop new curricula
 and  curricular  materials specifically designed to meet the educational
 needs of the students served, the commissioner shall,  within  available
 A. 9760                            61
 
 state  appropriations  and subject to the procedures established in this
 section, provide funds to school districts and  [boards  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTES to plan, establish and
 operate  teacher  resource  and  computer  training  centers. Any school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE requesting such funds shall make application therefor at  such
 time,  in such manner, and containing or accompanied by such information
 as the commissioner may through this section or by  regulation  require.
 Applications shall be made within the following categories:
   (i)  a  school  district  with a teacher population of one thousand or
 more;
   (ii) a school district with a teacher population of  five  hundred  or
 more but less than one thousand;
   (iii)  a  school  district with a teacher population of less than five
 hundred;
   (iv) a [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE; or
   (v)  a  consortium  of  two or more school districts and/or [boards of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES.
   3. Each such application shall be reviewed by the  state  professional
 standards  and  practices  board  for  teaching. The board shall in each
 instance recommend to the commissioner action, as appropriate, including
 specific reasons when it is negative. Any  school  district,  [board  of
 cooperative  educational services] NY POLYTECHNICAL INSTITUTE or consor-
 tium whose original application  is  rejected  may  resubmit  a  revised
 application  for  further review. Notwithstanding any other provision to
 the contrary, an application to continue a teacher resource center which
 was in operation prior to  the  nineteen  hundred  eighty-four--nineteen
 hundred eighty-five school year shall be deemed automatically approved.
   5. Any school district, [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE  or  consortium  having an application approved
 under this  section  may  collaborate,  consult  and  contract  with  an
 approved  institution of higher education in New York state to carry out
 activities under or provide technical assistance in connection with such
 application. Each application shall  be  reviewed  by  the  professional
 practices subcommittee of the state professional standards and practices
 board for teaching.
   6.  Each  teacher resource and computer training center shall be oper-
 ated by a board, the majority of which shall be composed  of  elementary
 and  secondary  school teachers representative of teachers served by the
 teacher resource and computer training center. Teacher members shall  be
 designated  by the collective bargaining agent of the teachers served by
 the teacher resource and computer training center. Such board shall also
 include individuals designated by the school board or [board of  cooper-
 ative  educational  services]  NY POLYTECHNICAL INSTITUTE served by such
 center and at least one representative designated by the institutions of
 higher education located in the area served by such center.  Such  board
 shall  also  include  at  least one parent of an elementary or secondary
 school pupil and at least one representative of a business  or  industry
 that uses, produces or is involved with computer equipment and software.
   7-a.  Notwithstanding  any  other provision of law, a teacher resource
 and computer training center board may collaborate, consult and contract
 with a school district or [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE which is included in  the  application  for  the
 establishment  of such teacher resource and computer training center for
 the assignment of teachers employed by such school district or [board of
 A. 9760                            62

 cooperative educational services] NY POLYTECHNICAL INSTITUTE;  provided,
 however,  in such case such teacher shall continue to accrue all employ-
 ment rights and benefits, including seniority, with the employing school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE  and  the  teacher resource and computer training center board
 shall reimburse such school district or  [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE for the services of such
 teacher.
   8. Funds provided each school year to school districts and [boards  of
 cooperative  educational  services]  NY  POLYTECHNICAL INSTITUTES by the
 commissioner to plan, establish and operate teacher resource and comput-
 er training centers shall not exceed two  million  dollars  per  center,
 except  that  for the city school district for the city of New York such
 center shall not exceed sixteen million eight hundred  thousand  dollars
 and  provided  further  that each approved center shall receive not less
 than twenty thousand dollars. In any year in which there is a  statewide
 increase  in funding for teacher resource and computer training centers,
 such  increase  shall  be  distributed  proportionately  among  existing
 centers  that  have  satisfactorily  fulfilled  the requirements of such
 centers' current grant. A portion of the increase shall be  made  avail-
 able  to new applicants to establish new teacher centers, and to current
 teacher centers to develop and implement regional and statewide  teacher
 center activities.
   b.  The  commissioner  shall  prepare  and submit to the governor, the
 temporary president of the senate and the speaker of the  assembly,  not
 later  than May first, nineteen hundred ninety-nine and by the first day
 of January in each year thereafter, a report detailing the financial and
 programmatic information for  teacher  resource  and  computer  training
 centers.  Such report shall, at a minimum, set forth with respect to the
 preceding school year: cost information for individual services provided
 by such centers; numbers of teachers and other staff served,  summarized
 in the aggregate, by elementary and secondary school levels, and by home
 school  district; lists of programs and courses offered, including iden-
 tification of those with credit  toward  college  graduate  degrees  and
 those which relate to specific academic areas and higher learning stand-
 ards;  and  aggregate  expenditure  data  for  the following categories:
 administration, staff development services, rent  and  other  facilities
 costs,  and  other services; and such other information as deemed appro-
 priate by the commissioner to assist  the  commissioner  in  identifying
 cost-effective  services  and  programs which may be successfully repli-
 cated in other centers, school  districts  and  [boards  of  cooperative
 educational  services  (BOCES)] NY POLYTECHNICAL INSTITUTES.  The format
 for the report shall be developed by the  commissioner  in  consultation
 with  school  district officials, and teacher resource center officials,
 provided that all information in such report shall be displayed on  both
 a  statewide  and  individual  center  basis.  Such report shall include
 changes from the year prior to the report year for each  such  item  for
 all  teacher  resource  and  computer training centers and shall be made
 available to other interested parties upon request.
   § 33. Subparagraph 3-a of paragraph h of subdivision 2 of section  355
 of  the education law, as added by section 1 of part CC of chapter 56 of
 the laws of 2019, is amended to read as follows:
   (3-a) Notwithstanding the provisions of any other general, special  or
 local  law,  rule  or regulation, the state university trustees shall be
 authorized to set a reduced rate of tuition and/or  fees,  or  to  waive
 tuition  and/or fees entirely, for students participating in any dual or
 A. 9760                            63
 
 concurrent enrollment program with no reduction in other  state,  local,
 or  other  support  for  such  students earning college credit that such
 higher  education  partner  would  otherwise  be  eligible  to  receive;
 provided  that,  for  purposes  of  this provision, a dual or concurrent
 enrollment program shall mean one or more college  courses  taken  by  a
 high  school  student  through  a  state-operated institution while such
 student is still enrolled in  high  school  or  [boards  of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTES  and for which the
 student may receive both high school and college credit.
   § 34. Section 405 of the education law, as amended by chapter  171  of
 the laws of 1996, is amended to read as follows:
   §  405. Conveyance of property to public corporations.  In addition to
 any other power conferred or possessed by virtue of  any  provisions  of
 this  chapter, the board of education, trustee or trustees of any school
 district may convey any school site or lot and the buildings thereon and
 appurtenances or any part thereof,  provided  that  title  to  any  such
 school property is in such board, trustee or trustees, and when no long-
 er  needed,  either  without consideration or for such consideration and
 upon terms and conditions as such board, trustee or trustees may  deter-
 mine  to  a  public  corporation, as defined in the general construction
 law, provided that such real property is to be used by such  corporation
 for  the purposes of the corporation or for a public use.  In any school
 district, except a city school district in a city having a population of
 one hundred twenty-five thousand inhabitants  or  more,  such  sale  and
 conveyance shall be submitted to the voters of the district for approval
 at  an  annual  or special district meeting in the same manner as is now
 provided by law for the submission of propositions.  A [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE  or  a  board  of
 education,  without  approval  of  the voters of the school district and
 upon such consideration as the INSTITUTE OR  board  may  determine,  may
 convey an easement or right of way over school property for public util-
 ity  services  to  any  municipality,  municipal  district, authority or
 public utility.  In any city of over one  hundred  twenty-five  thousand
 population  any  sale  or conveyance shall be subject to approval by the
 local governing body of such city.
   § 35. Subdivision 1 of section 409 of the education law, as amended by
 section 4 of part L of chapter 405 of the laws of 1999,  is  amended  to
 read as follows:
   1.   All school buildings of common, union free, central, central high
 school and city school districts other than  city  school  districts  of
 cities  having  one hundred twenty-five thousand inhabitants or more and
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 shall comply with such regulations as the commissioner shall adopt  from
 time to time for the purpose of [insuring] ENSURING the health and safe-
 ty  of  pupils and staff in relation to proper heating, lighting, venti-
 lation, sanitation and health, fire and accident protection.
   § 36. Subdivision 3 of section 409-d of the education law, as added by
 section 6 of part L of chapter 405 of the laws of 1999,  is  amended  to
 read as follows:
   3.  Notification.  Notwithstanding  any  other provision of law to the
 contrary, the commissioner shall be authorized to notify in writing  any
 school  district or [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE the existence of a hazardous condition found in  any
 school  building  within  the  school  district  that is in violation of
 applicable building, health, or safety codes  or  regulations  that  may
 threaten  the  health  and/or  safety of students or staffs. Such notice
 A. 9760                            64
 
 must be acknowledged and responded to within five business days or less.
 Such notice shall be delivered  to  the  superintendent  of  the  school
 district  or  the  district  superintendent of the [board of cooperative
 educational  services] NY POLYTECHNICAL INSTITUTE. In the case of a city
 school district in a city having a population of  one  million  or  more
 inhabitants such notice shall be delivered to the chancellor of the city
 district.
   § 37. Subdivision 3 of section 409-e of the education law, as added by
 section  1  of  part  B of chapter 56 of the laws of 1998, is amended to
 read as follows:
   3. Safety rating system. The commissioner shall  develop  pursuant  to
 regulations  a  safety  rating system to be used by all school districts
 and [boards of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTES keyed to the structural integrity and overall safety of the build-
 ing and shall be developed using data obtained from the building's annu-
 al inspection as required by this article.  Such  safety  rating  system
 shall  identify and assess the condition of every major system component
 of every school building including interior structures; building systems
 such as heating, ventilation, plumbing and electrical systems;  exterior
 structures  including  but  not  limited  to roofs, masonry, stairs, and
 chimneys; and develop a system which rates each building component based
 on at least the following factors: overall safety; structural integrity;
 probable useful life; need for repair or replacement;  and  maintenance.
 Such  safety  rating  shall  include  mechanisms  which  facilitate more
 frequent inspections and repairs as determined necessary to protect  the
 welfare  and safety of students and staff residing in such school build-
 ings. This information shall be used for purposes of developing a build-
 ings condition survey as required pursuant to section thirty-six hundred
 forty-one of this chapter and a five year facilities  plan  as  required
 pursuant  to clause (i) of subparagraph two of paragraph (b) of subdivi-
 sion six of section thirty-six hundred two of this chapter.
   § 38. Paragraph (a) of subdivision 1 of section 409-h of the education
 law, as added by chapter 285 of the laws of 2000, is amended to read  as
 follows:
   (a) "School" shall mean any public school district or private or paro-
 chial school or [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE.
   § 39. Paragraph (a) of subdivision 1 of section 409-i of the education
 law,  as added by chapter 584 of the laws of 2005, is amended to read as
 follows:
   (a) "Elementary  or  secondary  school"  means  a  facility  used  for
 instruction  of  elementary  or  secondary  students  by: (i) any school
 district, including a special act school  district  and  a  city  school
 district  in a city having a population of one hundred twenty-five thou-
 sand inhabitants or more,  (ii)  a  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE, (iii) a charter school, (iv) an
 approved private school for the education of students with disabilities,
 (v) a state-supported school for the deaf or blind operated pursuant  to
 article eighty-five of this chapter, and (vi) any other private or paro-
 chial elementary or secondary school.
   § 40. Paragraph (a) of subdivision 1 of section 409-k of the education
 law,  as  added by chapter 85 of the laws of 2010, is amended to read as
 follows:
   (a) "School" shall mean any public school district or private or paro-
 chial school or [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE.
 A. 9760                            65
 
   § 41. Section 409-m of the education law, as added by chapter  353  of
 the laws of 2020, is amended to read as follows:
   §  409-m.  Gender  neutral  single-occupancy  bathroom facilities. The
 board of education or trustees of every school district or, in the  case
 of  the  city  school  district  of  New York, the chancellor, and every
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 charter school and nonpublic school within the state shall develop poli-
 cies and procedures requiring that all single-occupancy bathroom facili-
 ties  are designated as gender neutral for use by no more than one occu-
 pant at a time or for  family  or  assisted  use.  Such  gender  neutral
 bathroom  facilities  shall be clearly designated by the posting of such
 on or near the entry  door  of  each  facility.  For  purposes  of  this
 section,  "single-occupancy  bathroom"  shall  have  the same meaning as
 paragraph (d) of subdivision one of section one  hundred  forty-five  of
 the public buildings law.
   §  42.  Paragraph (j) of subdivision 1 of section 414 of the education
 law, as added by chapter 513 of the laws of 2005 and subparagraph (i) as
 amended by chapter 672 of the laws  of  2019,  is  amended  to  read  as
 follows:
   (j) For licensed school-based health, dental or mental health clinics.
 (i)  For  the  purposes  of this subdivision, the term "licensed school-
 based health, dental or mental health clinic" means  a  clinic  that  is
 located  in  a school facility of a school district or [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE, is  operated  by
 an entity other than the school district or [board of cooperative educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE and will provide health,
 dental or mental health services during school hours  and/or  non-school
 hours  to  school-age  and preschool children, and that is: (1) a health
 clinic approved under the provisions of chapter one hundred ninety-eight
 of the laws of nineteen hundred seventy-eight; or  (2)  another  school-
 based  health  or  dental  clinic  licensed  by the department of health
 pursuant to article twenty-eight of the public  health  law;  or  (3)  a
 school-based  mental health clinic licensed or approved by the office of
 mental health pursuant to article thirty-one of the mental hygiene  law;
 or  (4)  a  school-based mental health clinic licensed by the office for
 people with developmental disabilities pursuant to  article  sixteen  of
 the mental hygiene law.
   (ii)  Health  professionals  who  provide services in licensed school-
 based health, dental or mental health clinics  shall  be  duly  licensed
 pursuant  to the provisions of title eight of this chapter unless other-
 wise exempted by law and shall be authorized to provide such services to
 the extent permitted by their respective practice acts.
   (iii) Except where otherwise authorized by law, the cost of  providing
 health,  dental or mental health services shall not be a charge upon the
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE,  and  shall  be  paid from federal, state or other
 local funds available for such purpose. Building space used for  such  a
 clinic  shall be excluded from the rated capacity of the school building
 for the purpose of computing building aid pursuant to subdivision six of
 section thirty-six hundred two of this chapter or aid pursuant to subdi-
 vision five of section nineteen hundred fifty of this chapter.
   (iv) Nothing in this paragraph shall be construed to justify  a  cause
 of  action  for damages against a school district or a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE by reason of acts
 of negligence or misconduct by a school-based health, dental  or  mental
 health clinic or such clinic's officers or employees.
 A. 9760                            66
 
   § 43. Subparagraph 1 of paragraph a of subdivision 3 of section 521 of
 the education law, as added by section 4 of part BB of chapter 57 of the
 laws of 2013, is amended to read as follows:
   (1)  "participating educational employer" shall mean a school district
 or [board of cooperative educational services] NY  POLYTECHNICAL  INSTI-
 TUTE  which  elects  to pay the stable contribution amount in the manner
 provided in this subdivision;
   § 44. Subdivision 3 of section 803-a of the education law, as added by
 chapter 658 of the laws of 1994, is amended to read as follows:
   3. For purposes of developing such courses  of  study,  the  board  of
 education or trustees of every school district may establish local advi-
 sory  councils  or  utilize  the school-based shared decision making and
 planning committee established pursuant to regulations  of  the  commis-
 sioner to make recommendations concerning the content and implementation
 of  such  courses. School districts may alternatively utilize courses of
 instruction developed by consortia of school district, [boards of  coop-
 erative  educational services] NY POLYTECHNICAL INSTITUTES, other school
 districts or any other agency, public or private. Such advisory councils
 shall consist of, but not be limited to, parents,  school  trustees  and
 board  members,  appropriate  school  personnel,  business and community
 representatives, and law enforcement personnel having experience in  the
 prevention of child abduction.
   §  45.  Subdivision  1  and  the  opening paragraph and paragraph d of
 subdivision 2 of section 804-a of the education law, as added by chapter
 730 of the laws of 1986, are amended to read as follows:
   1. Within the amounts appropriated, the commissioner is hereby author-
 ized to establish a demonstration program and to distribute state  funds
 to  local school districts, [boards of cooperative educational services]
 NY POLYTECHNICAL INSTITUTES and in certain  instances  community  school
 districts,  for the development, implementation, evaluation, validation,
 demonstration and replication of exemplary comprehensive  health  educa-
 tion  programs  to  assist  the  public schools in developing curricula,
 training staff, and addressing local health education needs of students,
 parents, and staff.
   School districts or [BOCES] NY POLYTECHNICAL INSTITUTES  may  contract
 with  appropriate  agencies  or  organizations  to  participate  in such
 program. Such program shall  be  limited  to  health  education  at  the
 elementary  level  and  shall  be  designed  on a multi-year basis. Such
 program shall include but not be limited to the following components:
   d. Replication of validated health education programs. Grants will  be
 awarded  to local school districts or [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES for the replication of  nationally
 or state-validated exemplary health education programs.
   § 46. Subdivision 3 of section 902 of the education law, as amended by
 chapter 477 of the laws of 2004, is amended to read as follows:
   3.  Health  professionals may be employed by the trustees or boards of
 education of two or more school districts, and the compensation of  such
 health  professionals,  and  the  expenses  incurred in providing school
 health services for students as provided in this article, shall be borne
 jointly by such districts, and be apportioned among them in  any  manner
 agreed  to  by such districts in a sharing agreement entered pursuant to
 section one hundred nineteen-o of the general municipal law.  The  trus-
 tees  or boards of education of two or more school districts in a super-
 visory district may enter into an agreement, or  agreements  as  may  be
 required,  with  a  [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE for the provision of the services  of  one  or  more
 A. 9760                            67
 
 registered  professional  nurses,  and  other  health  professionals  to
 perform health services, including health instruction in such districts.
   §  47.  Section 902-a of the education law, as added by chapter 423 of
 the laws of 2014, is amended to read as follows:
   § 902-a. Treatment of  students  diagnosed  with  diabetes  by  school
 personnel.  1.  Licensed  nurses, nurse practitioners, physician assist-
 ants, or physicians employed by school districts or [boards  of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTES are authorized
 to calculate prescribed insulin dosages, administer prescribed  insulin,
 program the prescribed insulin pump, refill the reservoir in the insulin
 pump,  change  the  infusion  site, inject prescribed glucagon, teach an
 unlicensed person to administer glucagon to an individual,  and  perform
 other  authorized  services  pursuant  to  the  scope of practice of the
 licensed individual under title VIII of this chapter, to pupils who have
 received written permission by a physician or other licensed health care
 provider, and written parental consent to  carry  and  use  insulin  and
 glucagon  pursuant  to  section  nine hundred sixteen-b of this article,
 during the school day on school property and at any school  function  as
 such  terms  are  defined,  respectively, by subdivisions one and two of
 section eleven of this chapter. Nothing in this section shall  authorize
 unlicensed persons to perform these services except as otherwise permit-
 ted by section nine hundred twenty-one of this article.
   2.  A  school district, [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE and/or their agents or employees shall incur  no
 legal or financial liability as a result of any harm or injury sustained
 by  a  pupil or other person caused by reasonable and good faith compli-
 ance with this section.
   § 48. Subdivision 2 of section 902-b of the education law, as added by
 chapter 423 of the laws of 2014, is amended to read as follows:
   2. A school district, [board of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTE and/or their agents or employees shall incur no
 legal or financial liability as a result of any harm or injury sustained
 by a pupil or other person caused by reasonable and good  faith  compli-
 ance with this section.
   § 49. Section 907 of the education law, as added by chapter 242 of the
 laws of 2013, is amended to read as follows:
   §  907.  Use  of sunscreen. The board of education or trustees of each
 school district and [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE, and the governing body of each private  elementary,
 middle  and  secondary  school,  shall  allow  students to carry and use
 topical sunscreen products approved by the federal Food and Drug  Admin-
 istration for over-the-counter use for the purpose of avoiding overexpo-
 sure  to  the sun and not for medical treatment of an injury or illness,
 with the written permission of the parent or guardian of the student.  A
 record  of  such permission shall be maintained by the school. A student
 who is unable to physically apply sunscreen may  be  assisted  by  unli-
 censed  personnel when directed to do so by the student, if permitted by
 a parent or guardian and authorized by the school.
   § 50. Section 913 of the education law, as amended by chapter  477  of
 the laws of 2004, is amended to read as follows:
   § 913. Medical  examinations of teachers and other employees. In order
 to safeguard the health of children attending the  public  schools,  the
 board  of  education  or  trustees of any school district or a [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE  shall  be
 empowered  to  require  any person employed by the board of education or
 trustees or [board of cooperative educational services] NY POLYTECHNICAL
 A. 9760                            68
 
 INSTITUTE to submit to a medical examination by  a  physician  or  other
 health  care  provider  of  his  or her choice or the director of school
 health services of the board of education or trustees or [board of coop-
 erative  educational  services]  NY POLYTECHNICAL INSTITUTE, in order to
 determine the physical or mental capacity of such person to perform  his
 or  her duties.   The person required to submit to such medical examina-
 tion shall be entitled to be accompanied by a physician or other  person
 of  his  or her choice. The determination based upon such examination as
 to the physical or mental capacity of such person to perform his or  her
 duties shall be reported to the board of education or trustees or [board
 of  cooperative educational services] NY POLYTECHNICAL INSTITUTE and may
 be referred to and considered for  the  evaluation  of  service  of  the
 person examined or for disability retirement.
   §  51.  Section 916 of the education law, as amended by chapter 423 of
 the laws of 2014, is amended to read as follows:
   § 916. Pupils with asthma or  another  respiratory  disease  requiring
 rescue  inhaler treatment. 1. The board of education or trustees of each
 school district and [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE shall allow pupils who  have  been  diagnosed  by  a
 physician or other duly authorized health care provider with an asthmat-
 ic  condition  or  another  respiratory  disease  to  carry  and  use  a
 prescribed inhaler and self-administer  inhaled  rescue  medications  to
 alleviate  respiratory  symptoms  or  to  prevent  the onset of exercise
 induced asthmatic symptoms during the school day on school property  and
 at  any  school  function  as  such  terms are defined, respectively, by
 subdivisions one and two of section eleven of  this  chapter,  with  the
 written  permission  of a physician or other duly authorized health care
 provider, and written parental consent.  The  written  permission  shall
 include  an  attestation  by  the  physician or the health care provider
 confirming the following: (a) the pupil  is  diagnosed  with  asthma  or
 another  respiratory  disease  for  which inhaled rescue medications are
 prescribed to alleviate respiratory symptoms or to prevent the onset  of
 exercise  induced  asthmatic symptoms; and (b) that the pupil has demon-
 strated that he or she can self-administer the prescribed inhaled rescue
 medication effectively.  The written permission shall also  include  the
 name  of  the  prescribed inhaled rescue medication, the dose, the times
 when the medication is to be taken, the circumstances which may  warrant
 the  use  of the medication and the length of time for which the inhaler
 is prescribed. A record of such consent and permission  shall  be  main-
 tained  in the student's cumulative health record. In addition, upon the
 written request of a parent or person in parental relation, the board of
 education or trustees of a school district  and  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall allow such pupils
 to  maintain an extra such inhaler in the care and custody of a licensed
 nurse, nurse practitioner, physician assistant, or physician employed by
 such district or [board of cooperative educational  services]  NY  POLY-
 TECHNICAL  INSTITUTE,  and  shall  be  readily accessible to such pupil.
 Nothing in this section shall require a school  district  or  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE to retain a
 licensed  nurse,  nurse  practitioner, physician assistant, or physician
 solely for the purpose of taking custody of  a  spare  inhaler  for  the
 treatment of asthma or a respiratory disease requiring rescue medication
 treatment,  or require that a licensed nurse, nurse practitioner, physi-
 cian assistant, or physician be available  at  all  times  in  a  school
 building  for the purpose of taking custody of the inhaler. In addition,
 the medication provided by the pupil's parents or  persons  in  parental
 A. 9760                            69
 
 relation  shall  be  made available to the pupil as needed in accordance
 with  the  school  district's  or  [board  of  cooperative   educational
 services'] NY POLYTECHNICAL INSTITUTE'S policy and the orders prescribed
 in  the  written  permission of the physician or other authorized health
 care provider.
   2. A school district, [board of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTE and/or their agents or employees shall incur no
 legal or financial liability as a result of any harm or injury sustained
 by a pupil or other person caused by reasonable and good  faith  compli-
 ance with this section.
   §  52.  Section 916-a of the education law, as added by chapter 423 of
 the laws of 2014, is amended to read as follows:
   § 916-a. Pupils with allergies. 1. The board of education or  trustees
 of  each school district and [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE shall allow pupils who have been diagnosed by
 a physician or other duly authorized health care provider with an aller-
 gy to carry and use a prescribed epinephrine auto injector for the emer-
 gency treatment of allergic reactions during the school  day  on  school
 property  and  at any school function as such terms are defined, respec-
 tively, by subdivisions one and two of section eleven of  this  chapter,
 with  the  written  permission  of  a physician or other duly authorized
 health provider, and written parental consent.  The  written  permission
 shall include an attestation by the physician or the health care provid-
 er confirming the following: (a) the pupil's diagnosis of an allergy for
 which an epinephrine auto injector is needed; and (b) that the pupil has
 demonstrated  that he or she can self-administer the prescribed epineph-
 rine auto  injector  effectively.  The  written  permission  shall  also
 include  the  circumstances which may warrant the use of the epinephrine
 auto injector. A record of such consent and permission  shall  be  main-
 tained  in the student's cumulative health record. In addition, upon the
 written request of a parent or person in parental relation, the board of
 education or trustees of a school district  and  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall allow such pupils
 to  maintain an extra epinephrine auto injector for the emergency treat-
 ment of allergies in the care and custody of licensed nurse, nurse prac-
 titioner, physician assistant, or physician employed by such district or
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 and  shall  be readily accessible to such pupil. Nothing in this section
 shall require a school district or  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE to retain a licensed nurse, nurse
 practitioner, physician assistant, or physician solely for  the  purpose
 of taking custody of a spare epinephrine auto injector for the emergency
 treatment of allergic reactions, or require that a licensed nurse, nurse
 practitioner,  physician  assistant,  or  physician  be available at all
 times in a school building for taking custody of  the  epinephrine  auto
 injector.  In  addition,  the  epinephrine auto injector provided by the
 pupil's parents or persons in parental relation will be  made  available
 to  the  pupil  as  needed  in  accordance with the school district's or
 [board of cooperative educational  services']  NY  POLYTECHNICAL  INSTI-
 TUTE'S policy and the orders prescribed in the written permission of the
 physician or other authorized health care provider.
   2.  A school district, [board of cooperative educational services]  NY
 POLYTECHNICAL INSTITUTE and/or their agents or employees shall incur  no
 legal or financial liability as a result of any harm or injury sustained
 by  a  pupil or other person caused by reasonable and good faith compli-
 ance with this section.
 A. 9760                            70
 
   § 53. Section 916-b of the education law, as added by chapter  423  of
 the laws of 2014, is amended to read as follows:
   §  916-b.  Pupils with diabetes. 1. The board of education or trustees
 of each school district and [board of cooperative educational  services]
 NY  POLYTECHNICAL  INSTITUTE  shall allow pupils who have been diagnosed
 with diabetes to carry glucagon and carry and use insulin through appro-
 priate medication delivery devices and equipment and/or to carry and use
 equipment and supplies necessary  to  check  blood  glucose  levels  and
 ketone  levels,  as  prescribed  by a physician or other duly authorized
 healthcare provider, during the school day on school property and at any
 school function as such terms are defined, respectively, by subdivisions
 one and two of section eleven of this chapter, with parental consent and
 the written permission of a physician or other  duly  authorized  health
 care  provider.   The written permission shall include an attestation by
 the physician or the health care provider confirming the following:  (a)
 the  pupil's  diagnosis  of  diabetes  makes the delivery of insulin and
 glucagon through appropriate  medication  delivery  devices  during  the
 school day on school property or at any school function necessary and/or
 makes  the  use  of equipment and supplies to check blood glucose levels
 and ketone levels necessary; and (b) that  the  pupil  has  demonstrated
 that  he  or  she can self-administer the prescribed insulin effectively
 and can self check glucose or ketone levels and can independently follow
 the treatment orders prescribed by the  physician  or  other  authorized
 health  care  provider in the written permission. The written permission
 shall identify prescribed blood glucose tests, ketone tests, insulin and
 glucagon to be used by the pupil at school and/or  during  school  func-
 tions.  If  insulin  or  glucagon  is prescribed, the written permission
 shall include the name of the type of insulin, the dose or  dose  range,
 the times when the medication is to be taken, the type of insulin deliv-
 ery  system  and any other information prescribed by the commissioner in
 regulation, after consultation with the commissioner of health. A record
 of such consent and permission shall  be  maintained  in  the  student's
 cumulative  health  record.  In  addition, upon the written request of a
 parent or person in parental relation, the board of education  or  trus-
 tees  of  a  school  district  and  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE shall allow such pupils to maintain
 extra insulin and an insulin delivery system,  glucagon,  blood  glucose
 meters  and  related supplies used to treat such pupil's diabetes in the
 care and custody of a  licensed  nurse,  nurse  practitioner,  physician
 assistant,  or  physician employed by such district or [board of cooper-
 ative educational services] NY POLYTECHNICAL  INSTITUTE,  and  shall  be
 readily  accessible to such pupil. Nothing in this section shall require
 a school district or [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE to retain a licensed nurse, nurse practitioner,
 physician assistant, or physician  solely  for  the  purpose  of  taking
 custody of extra insulin and an insulin delivery system, glucagon, blood
 glucose meters and related supplies used to treat such pupil's diabetes,
 or  require that a licensed nurse, nurse practitioner, physician assist-
 ant, or physician be available at all times in a school building for the
 purpose of taking custody of  extra  insulin  and  an  insulin  delivery
 system,  glucagon,  blood  glucose meters and related supplies. In addi-
 tion, the medication and devices, equipment and supplies provided by the
 pupil's parents or persons in parental relation shall be made  available
 to  the  pupil  as  needed  in  accordance with the school district's or
 [board of cooperative educational  services']  NY  POLYTECHNICAL  INSTI-
 TUTE'S policy and the orders prescribed in the written permission of the
 A. 9760                            71
 
 physician or other authorized health care provider. Pupils with diabetes
 may  also carry any food necessary to treat hypoglycemia pursuant to the
 school district policy, provided, however, such school  district  policy
 shall  not  unreasonably interfere with a pupil's ability to treat hypo-
 glycemia.
   2. A school district, [board of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTE and/or their agents or employees shall incur no
 legal or financial liability as a result of any harm or injury sustained
 by a pupil or other person caused by reasonable and good  faith  compli-
 ance with this section.
   § 54. Subdivision 1 of section 917 of the education law, as amended by
 chapter 61 of the laws of 2002, is amended to read as follows:
   1.  School  districts, [boards of cooperative educational services] NY
 POLYTECHNICAL INSTITUTES,  county  vocational  education  and  extension
 boards  and  charter  schools shall provide and maintain on-site in each
 instructional school facility  automated  external  defibrillator  (AED)
 equipment,  as  defined  in  paragraph (a) of subdivision one of section
 three thousand-b of the public  health  law,  in  quantities  and  types
 deemed  by  the  commissioner  in  consultation with the commissioner of
 health to be adequate to ensure ready and  appropriate  access  for  use
 during emergencies.
   §  55.  Section  919 of the education law, as amended by chapter 42 of
 the laws of 2008, is amended to read as follows:
   § 919. On-site nebulizers. 1. The board of education  or  trustees  of
 the  school  district  responsible  for  providing  health services in a
 school, or the [board of cooperative educational services] NY  POLYTECH-
 NICAL  INSTITUTE  in  the case of programs under its jurisdiction, shall
 make a nebulizer available on-site in every public  and  private  school
 building  in  which full or part time nurse services are provided. Nebu-
 lizers in such school buildings shall be made available to allow reason-
 able access to all public and private school  students  with  a  patient
 specific  order, who require inhaled medications administered by a nebu-
 lizer, provided, however, that nebulizers shall  be  administered  by  a
 school  nurse  or  physician  pursuant to the student's patient specific
 order. Every nebulizer shall be  maintained  in  working  order  by  the
 school  district or [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE that provides school health services to  the  school
 building where the nebulizer is located.
   2.  The commissioner shall be authorized to promulgate regulations for
 the implementation of this section.
   § 56. Section 921 of the education law, as added by chapter 423 of the
 laws of 2014 and subdivision 1 as amended by chapter 339 of the laws  of
 2021, is amended to read as follows:
   §  921.  Training of unlicensed school personnel to administer certain
 medications. 1. The board  of  education  or  trustees  of  each  school
 district  and [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE and nonpublic schools are authorized, but not obligated to
 have  licensed  registered  professional  nurses,  nurse  practitioners,
 physician  assistants,  and physicians train unlicensed school personnel
 to administer prescribed glucagon or epinephrine auto injectors in emer-
 gency situations, where an appropriately licensed health professional is
 not available, to pupils who have the written permission of a  physician
 or  other duly authorized health care provider for the administration of
 glucagon or emergency epinephrine  auto  injector,  along  with  written
 parental  consent,  during  the school day on school property and at any
 school function as such terms are defined, respectively, by subdivisions
 A. 9760                            72
 
 one and two of section eleven of this chapter. Training must be provided
 by a physician or other duly authorized  licensed  health  care  profes-
 sional  in a competent manner and must be completed in a form and manner
 prescribed by the commissioner in regulation.
   2.  A  school district, [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE,  nonpublic  schools  and/or  their  agents  or
 employees shall incur no legal or financial liability as a result of any
 harm or injury sustained by a pupil or other person caused by reasonable
 and good faith compliance with this section.
   § 57. Section 921-a of the education law, as amended by chapter 200 of
 the laws of 2017, is amended to read as follows:
   §  921-a.  On-site  epinephrine  auto-injector.  1.  School districts,
 [boards  of   cooperative   educational   services]   NY   POLYTECHNICAL
 INSISTUTES,  county  vocational  education and extension boards, charter
 schools, and non-public elementary and secondary schools in  this  state
 may  provide  and maintain on-site in each instructional school facility
 epinephrine auto-injectors in quantities and types deemed by the commis-
 sioner, in consultation with the commissioner of health, to be  adequate
 to ensure ready and appropriate access for use during emergencies to any
 student  or staff having anaphylactic symptoms whether or not there is a
 previous history of severe allergic reaction.
   2. School districts, [boards of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTES,  county  vocational  education  and extension
 boards, charter schools, and non-public elementary and secondary schools
 in this state, any person employed by any such entity, or employed by  a
 contractor  of  such  an entity while performing services for the entity
 may administer epinephrine auto-injectors in the event of  an  emergency
 pursuant  to  the requirements of section three thousand-c of the public
 health law.
   § 58. Section 922 of the education law, as amended by  chapter  68  of
 the laws of 2016, is amended to read as follows:
   §  922.  Opioid  overdose  prevention.  1.  School  districts,  public
 libraries, [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES, county vocational education and  extension  boards,  charter
 schools,  and  non-public elementary and secondary schools in this state
 may provide and maintain on-site in each instructional  school  facility
 or  library,  opioid  antagonists,  as defined in section three thousand
 three hundred nine of the public health law,  in  quantities  and  types
 deemed  by  the  commissioner,  in consultation with the commissioner of
 health, to be adequate to ensure ready and appropriate  access  for  use
 during  emergencies  to  any  student, individual on library premises or
 staff suspected of having opioid overdose whether  or  not  there  is  a
 previous history of opioid abuse.
   2.  School  districts, public libraries, [boards of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTES, county  vocational  educa-
 tion  and  extension  boards, charter schools, and non-public elementary
 and secondary schools in this state  may  elect  to  participate  as  an
 opioid  antagonist  recipient and any person employed by any such entity
 that has elected to participate may administer an opioid  antagonist  in
 the  event  of  an  emergency, provided that such person shall have been
 trained by a program approved under section three thousand three hundred
 nine of the public health law.  Any  school  district,  public  library,
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 county vocational education and extension  board,  charter  school,  and
 non-public elementary and secondary school that has employees trained in
 accordance  with  this  section  shall  comply  with the requirements of
 A. 9760                            73
 
 section three thousand three hundred  nine  of  the  public  health  law
 including,  but  not  limited to, appropriate clinical oversight, record
 keeping and reporting. No person shall be required to participate in the
 program and any participation by an individual shall be voluntary.
   §  59.  Subdivision a of section 924 of the education law, as added by
 chapter 533 of the laws of 2022, is amended to read as follows:
   a. All contracts entered into for the two  thousand  twenty-three--two
 thousand  twenty-four  school year, and thereafter, to provide, maintain
 and operate cafeteria or restaurant service by a  private  food  service
 management  company shall include provisions requiring such private food
 service management company to disclose ingredients lists and nutritional
 information  to  school  districts  for  all  meals  that  such  company
 provides.  The private food service management company shall be required
 to consolidate nutritional information for any meal that is comprised of
 separate individual ingredients. School districts and [boards of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTES  shall  have  no
 responsibility  to  provide  nutritional  information except pursuant to
 subdivision b of this section.
   § 60. Subdivision 10 of section 1125 of the education law, as added by
 chapter 363 of the laws of 2018, is amended to read as follows:
   10. "School" shall include a school district, public  school,  charter
 school, nonpublic school, [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE,  special  act  school  district  as defined in
 section four thousand one of this chapter,  approved  preschool  special
 education  program  pursuant  to  section forty-four hundred ten of this
 chapter, approved private residential or non-residential school for  the
 education of students with disabilities including private schools estab-
 lished  under  chapter eight hundred fifty-three of the laws of nineteen
 hundred seventy-six, or  state-operated  or  state-supported  school  in
 accordance  with  article  eighty-five,  eighty-seven or eighty-eight of
 this chapter.
   § 61. Subdivision 2 of section 1202 of the education law,  as  amended
 by chapter 616 of the laws of 2008, is amended to read as follows:
   2.  Rural  areas  account  for  more  than half of the school systems,
 [boards of cooperative education services] NY  POLYTECHNICAL  INSTITUTES
 and colleges in the state;
   §  62.  Subdivision 1 of section 1504 of the education law, as amended
 by chapter 390 of the laws of 1997, is amended to read as follows:
   1. A district superintendent may organize a new school district out of
 the territory of one or more school districts which  are  wholly  within
 the  geographic  area  served  by  his [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE, whenever the educational interests
 of the community require it. If there is an outstanding  bonded  indebt-
 edness chargeable against the district or districts out of the territory
 of  which  such  new  district is organized, the district superintendent
 shall apportion said indebtedness between  such  new  district  and  the
 remaining  portion  of  the  district or districts out of which such new
 district is organized, according to the assessed valuation thereof,  and
 the portion of the indebtedness so apportioned shall become a charge for
 principal  and interest upon the respective districts as though the same
 had been incurred by said districts separately.
   § 63. Subdivisions 21-a, 21-b and 31-b of section 1604 of  the  educa-
 tion  law, subdivision 21-a as amended by section 6 of subpart A of part
 B of chapter 56 of the laws  of  2022,  subdivision  21-b  as  added  by
 section 22 of subpart F of part C of chapter 97 of the laws of 2011, and
 A. 9760                            74
 
 subdivision  31-b  as  added  by  chapter  525  of the laws of 1986, are
 amended to read as follows:
   21-a.  To  lease a motor vehicle or vehicles to be used for the trans-
 portation of the children of the district from a school district, [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE or coun-
 ty vocational education and extension board or from  any  other  source,
 under  the  conditions  specified in this subdivision. No such agreement
 for the lease of a motor vehicle or vehicles shall be for a term of more
 than one school year, provided that when authorized by  a  vote  of  the
 qualified  voters  of  the  district such lease may have a term of up to
 five years, or twelve years for the lease of zero-emission school  buses
 as  defined  in section thirty-six hundred thirty-eight of this chapter.
 Where the trustee or board of trustees enter into a  lease  of  a  motor
 vehicle  or  vehicles  pursuant  to  this  subdivision for a term of one
 school year or less, such trustee or board shall not  be  authorized  to
 enter into another lease for the same or an equivalent replacement vehi-
 cle  or  vehicles,  as determined by the commissioner, without obtaining
 approval of the qualified voters of the school district.
   21-b. a. The trustees are authorized to provide  regional  transporta-
 tion  services  by  rendering  such  services  jointly with other school
 districts or [boards of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTES. Such services may include pupil  transportation  between
 home  and school, transportation during the day to and from school and a
 special education program or service or a program at a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE  or  an  approved
 shared  program  at  another  school  district, transportation for field
 trips or to and from extracurricular activities, and cooperative  school
 bus maintenance.
   b.  The  trustees are authorized to enter into a contract with another
 school district, a county, municipality, or the state office of children
 and family services to provide transportation  for  children,  including
 contracts  to  provide  such  transportation  as regional transportation
 services, provided that the contract cost is appropriate. In determining
 the appropriate transportation contract cost, the transportation service
 provider school district shall use a calculation consistent  with  regu-
 lations  adopted  by  the  commissioner for the purpose of assuring that
 charges reflect the true costs that  would  be  incurred  by  a  prudent
 person in the conduct of a competitive transportation business.
   31-b.  In  their  discretion,  to  purchase insurance against personal
 injuries incurred by an authorized participant  in  a  school  volunteer
 program, including but not limited to, those authorized participants who
 assist  on  school  buses,  school  sponsored transportation to and from
 school, or on school sponsored field trips or any other school sponsored
 activity; provided, however, that the injuries were incurred  while  the
 authorized participant was functioning either within the scope of his or
 her  authorized  volunteer duties or under the direction of the board of
 education, trustee, or [board of cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE, or both.
   §  64.  Subdivision 1 of section 1608 of the education law, as amended
 by section 5 of part A of chapter 436 of the laws of 1997, is amended to
 read as follows:
   1. It shall be the duty of the trustees of each common school district
 to present at the annual budget hearing a detailed statement in  writing
 of  the  amount of money which will be required for the ensuing year for
 school purposes, specifying the several  purposes  and  the  amount  for
 each.  The  amount  for each purpose estimated necessary for payments to
 A. 9760                            75
 
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 shall be shown in full, with no deduction of estimated  state  aid.  The
 amount  of  state  aid  provided  and its percentage relationship to the
 total  expenditures  shall  also  be  shown.  This  section shall not be
 construed to prevent the trustees from presenting such  statement  at  a
 budget  hearing  held  not  less  than seven nor more than fourteen days
 prior to a special meeting called for the purpose, nor from presenting a
 supplementary and amended statement or estimate at any time.
   § 65. Paragraphs b, d, e, g, and i of subdivision 25  and  subdivision
 34-b  of section 1709 of the education law, paragraphs d and e of subdi-
 vision 25 as amended by chapter 230 of the laws of 1968, paragraph b  of
 subdivision  25 as amended by chapter 742 of the laws of 1975, paragraph
 g of subdivision 25 as amended by section 23 of subpart F of part  C  of
 chapter 97 of the laws of 2011, paragraph i of subdivision 25 as amended
 by  section  7 of subpart A of part B of chapter 56 of the laws of 2022,
 and subdivision 34-b as added by chapter 525 of the laws  of  1986,  are
 amended to read as follows:
   b.  Such  motor  vehicle  or  vehicles may be leased to another school
 district or to a [board of cooperative educational  services]  NY  POLY-
 TECHNICAL  INSTITUTE  or  to a county vocational education and extension
 board or to an Indian tribe for educational purposes when not needed for
 such transportation.
   d. The board of education may lease such  motor  vehicle  or  vehicles
 from  a  [board  of  cooperative  educational services] NY POLYTECHNICAL
 INSTITUTE or from a county vocational education and extension board.
   e. Under emergency conditions, as determined by the commissioner,  the
 board of education may lease such vehicle or vehicles from sources other
 than  a  school district, [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE or county  vocational  education  and  extension
 board.
   g.  The board of education is authorized to provide regional transpor-
 tation services by rendering such services  jointly  with  other  school
 districts or [boards of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTES.  Such services may include pupil transportation between
 home and school, transportation during the day to and from school and  a
 special education program or service or a program at a [board of cooper-
 ative  educational  services]  NY POLYTECHNICAL INSTITUTE or an approved
 shared program at another  school  district,  transportation  for  field
 trips  or to and from extracurricular activities, and cooperative school
 bus maintenance.
   i. In addition to the authority granted in paragraph e of this  subdi-
 vision,  the  board  of  education  shall be authorized to lease a motor
 vehicle or vehicles to be used for the transportation of the children of
 the district from sources other than a school district, [board of  coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE or county voca-
 tional  education  and extension board under the conditions specified in
 this paragraph. No such agreement for the lease of a  motor  vehicle  or
 vehicles shall be for a term of more than one school year, provided that
 when  authorized  by a vote of the qualified voters of the district such
 lease may have a term of up to five years, or twelve years for the lease
 of zero-emission school buses as defined in section  thirty-six  hundred
 thirty-eight  of  this  chapter.  Where  the board of education enters a
 lease of a motor vehicle or vehicles pursuant to this  paragraph  for  a
 term  of  one school year or less, such board shall not be authorized to
 enter into another lease of the same or an equivalent replacement  vehi-
 A. 9760                            76
 
 cle  or  vehicles,  as determined by the commissioner, without obtaining
 approval of the voters.
   34-b.  In its discretion, to purchase insurance against personal inju-
 ries incurred  by  an  authorized  participant  in  a  school  volunteer
 program, including but not limited to, those authorized participants who
 assist  on  school  buses,  school  sponsored transportation to and from
 school, or on school sponsored field trips or any other school sponsored
 activity; provided, however, that the injuries were incurred  while  the
 authorized participant was functioning either within the scope of his or
 her  authorized  volunteer duties or under the direction of the board of
 education, trustee, or [board of cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE, or both.
   §  66.  Subdivision 1 of section 1716 of the education law, as amended
 by section 7 of part A of chapter 436 of the laws of 1997, is amended to
 read as follows:
   1. It shall be the duty of the board of education of each district  to
 present  at the annual budget hearing a detailed statement in writing of
 the amount of money which will be required  for  the  ensuing  year  for
 school  purposes,  specifying  the  several  purposes and the amount for
 each. The amount for each purpose estimated necessary  for  payments  to
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 shall  be  shown  in full, with no deduction of estimated state aid. The
 amount of state aid provided and  its  percentage  relationship  to  the
 total  expenditures  shall  also  be  shown.  This  section shall not be
 construed to prevent the board from presenting such statement at a budg-
 et hearing held not less than seven nor more than fourteen days prior to
 a special meeting called for the purpose, nor from presenting a  supple-
 mentary and amended statement or estimate at any time.
   §  67.  Subdivisions  1 and 2 of section 1980 of the education law, as
 added by chapter 785 of the  laws  of  1992,  are  amended  to  read  as
 follows:
   1.  The  term "board of education" shall mean the trustee, trustees or
 board of education of any common, union free, central, central  high  or
 city  school  district, or a [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE.
   2. The term "school district"  shall  mean  any  common,  union  free,
 central,  central  high  or city school district, or a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE.
   § 68. Paragraph c of subdivision 2 of section 2023-a of the  education
 law, as amended by section 1 of subpart C of part C of chapter 20 of the
 laws of 2015, is amended to read as follows:
   c.  "Capital local expenditures" means the taxes associated with budg-
 eted expenditures resulting from the  financing,  refinancing,  acquisi-
 tion, design, construction, reconstruction, rehabilitation, improvement,
 furnishing  and equipping of, or otherwise providing for school district
 capital facilities or school district capital equipment, including  debt
 service and lease expenditures, and transportation capital debt service,
 subject  to  the approval of the qualified voters where required by law.
 The commissioner of taxation and finance shall, as appropriate,  promul-
 gate  rules  and regulations which may provide for adjustment of capital
 local expenditures to reflect a school district's  share  of  additional
 budgeted  capital  expenditures  made  by a [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE.
   § 69. Section 2050 of the education law, as added by  chapter  640  of
 the laws of 2008, is amended to read as follows:
 A. 9760                            77
 
   §  2050.  Definition.  As  used in this part, a "lawyer" shall mean an
 attorney or counselor governed by article fifteen of the judiciary  law,
 who  receives  remuneration or other compensation from a school district
 or [board of cooperative educational services] NY  POLYTECHNICAL  INSTI-
 TUTE in exchange for legal services provided to such district or [board]
 INSTITUTE.
   §  70.  Section  2051 of the education law, as added by chapter 640 of
 the laws of 2008, is amended to read as follows:
   § 2051. Charging for professional services.  1.  A  lawyer  shall  not
 simultaneously  be an independent contractor and an employee of a school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE for the purpose of providing legal  services  to  such  school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE.
   2.  A  lawyer who is not an employee of a school district or [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE, shall  not
 seek to be or be considered, treated or otherwise reported by the school
 district,  or [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE as an  employee  thereof  for  purposes  of  compensation,
 remuneration, health insurance, pension and all employment-related bene-
 fits and emoluments associated therewith.
   §  71. Subdivision 1 of section 2052 of the education law, as added by
 chapter 640 of the laws of 2008, is amended to read as follows:
   1. Any lawyer who violates section  two  thousand  fifty-one  of  this
 part,  shall be liable for a civil penalty not to exceed three times the
 charges and fees for contracted  services  or  salary  received  by  the
 lawyer  and paid by such school district or [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE for legal services,  and  in
 addition,  may  be enjoined from continuing such violation. Civil penal-
 ties and injunctive relief provided in this section shall be recoverable
 in an action brought by the attorney general.
   § 72. Section 2053 of the education law, as added by  chapter  640  of
 the laws of 2008, is amended to read as follows:
   § 2053. Reports regarding lawyers. Every school district and [board of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTE shall, on
 or before the forty-fifth day after the commencement of its fiscal year,
 file with the department, the comptroller and  the  attorney  general  a
 report  specifying:  (a)  all lawyers who provide legal services to such
 district or [board] INSTITUTE; (b)  whether  such  district  or  [board]
 INSTITUTE  hired such lawyers as employees; and (c) all remuneration and
 compensation paid for legal services.
   § 73. Subdivisions 1 and 2 of section 2102-a of the education law,  as
 amended  by  chapter  388  of  the  laws of 2010, are amended to read as
 follows:
   1. a. Every trustee or voting member of a  board  of  education  of  a
 school  district  or  a  [board  of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE, elected or appointed for a term beginning on or
 after July first, two thousand five, shall, within the first year of his
 or her term, complete a minimum of six hours of training on  the  finan-
 cial  oversight,  accountability  and  fiduciary  responsibilities  of a
 school board member.
   b. In addition to the training required by paragraph a of this  subdi-
 vision,  every  trustee  or  voting  member of a board of education of a
 school district or a [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE, elected or appointed for a first term beginning
 on or after the first of July next succeeding the effective date of this
 A. 9760                            78
 
 paragraph,  shall,  within the first year of his or her term, complete a
 training course to acquaint him or her with the  powers,  functions  and
 duties of boards of education, as well as the powers and duties of other
 governing and administrative authorities affecting public education.
   c.  Upon  demonstration of compliance, no trustee or member of a board
 of education or a [board of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTE  shall  be required to repeat the training require-
 ments provided for in paragraphs a and b of this subdivision. Nothing in
 this section shall be deemed to require  a  member  of  a  central  high
 school district board or a member of a [board of cooperative educational
 services]  NY  POLYTECHNICAL  INSTITUTE to complete such requirements if
 such member has already completed such requirements as  a  member  of  a
 board  of  a component school district. Nothing in this section shall be
 deemed to require trustees or voting members of a board of education  of
 a  school  district  or a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE to complete the requirements of paragraph  b  of
 this  subdivision if such trustee or member is seated or appointed on or
 before the effective date of [the] chapter THREE HUNDRED EIGHTY-EIGHT of
 the laws of two thousand ten [that amended this subdivision].
   2. The curriculum used for training on financial  oversight,  account-
 ability  and fiduciary responsibilities shall be approved by the commis-
 sioner in consultation with the comptroller and the curriculum used  for
 the  general  training  shall  be  approved by the commissioner.   These
 curricula may be offered together as a single course or separately.  The
 training  required  by this section may be offered by providers approved
 by the commissioner. In approving other providers for  these  trainings,
 the  commissioner  shall consider the potential provider's understanding
 of the educational environment, the roles  of  trustees  and  boards  of
 education  and [boards of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTES, and the experience of the provider in delivering  such
 training.
   § 74. Subdivision 3-a of section 2116-a of the education law, as added
 by chapter 267 of the laws of 2005, is amended to read as follows:
   3-a.  In addition to the annual audit required by subdivision three of
 this section, each school district and [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE within the state shall  be  subject
 to  audits  of  the  state  conducted by the comptroller as set forth in
 section thirty-three of the general municipal law.
   § 75. Subdivisions 1 and 2 of section 2204 of the  education  law,  as
 amended  by  chapter  657  of  the  laws of 1971, are amended to read as
 follows:
   1. The [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE of a supervisory district shall meet upon the direction of the
 commissioner of education, at a time and place designated by the commis-
 sioner,  for  the  purpose  of  appointing  a district superintendent of
 schools whenever a vacancy  in  such  office  shall  occur,  unless  the
 commissioner shall issue an order pursuant to section twenty-two hundred
 one  redistricting  the  county  so as to provide for a lesser number of
 supervisory districts. Such direction shall be filed by the commissioner
 of education in the office of the clerk of  the  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL INSTITUTE and the commissioner
 shall also mail a notice of the time and place of such meeting  to  each
 member of the [board of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTE  of  the district. If such vacancy shall not be filled at
 such meeting, such meeting may be adjourned to a  subsequent  date,  and
 the  commissioner  may  appoint a district superintendent of schools who
 A. 9760                            79
 
 shall serve until the [board of  cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE shall fill such vacancy.
   2.  In  the appointment of such district superintendent the vote shall
 be by ballot and the person receiving a majority of all votes cast shall
 be appointed subject to the approval of the commissioner  of  education.
 Each  member of the [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE shall be entitled to one vote in such appointment.
   § 76. Subdivision 3 of section 2208 of the education law,  as  amended
 by chapter 583 of the laws of 1955, is amended to read as follows:
   3.  His  OR HER filing in the offices of the commissioner of education
 and of the clerk of the [board of cooperative educational  services]  NY
 POLYTECHNICAL INSTITUTE his OR HER written resignation.
   §  77. Section 2212 of the education law, as amended by chapter 474 of
 the laws of 1996, is amended to read as follows:
   § 2212. Removal of district superintendent from office.    A  district
 superintendent  may be removed from office at any time upon the affirma-
 tive vote of a majority of the members  of  the  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE, or by the commissioner
 pursuant to section three hundred six of this chapter.
   § 78. Subdivision 17 of section 2215 of the education law, as added by
 section  2-a  of part A of chapter 57 of the laws of 2013, is amended to
 read as follows:
   17. To determine the adequacy and appropriateness  of  the  facilities
 space  available  to  house special education programs in the geographic
 area served by the [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE,  consistent with the least restrictive environment
 requirement and to ensure the stability and continuity of program place-
 ments for students with disabilities, including procedures  that  ensure
 that  special  education  programs  and  services located in appropriate
 facilities will not be relocated without adequate consideration  of  the
 needs of participating students with disabilities.
   §  79.  Paragraph  e of subdivision 5 of section 2218 of the education
 law, as added by section 83 of part L of chapter  405  of  the  laws  of
 1999, is amended to read as follows:
   e.  For  any reorganization pursuant to this section that takes effect
 during a school year, the district superintendent  shall  apportion  the
 administrative   expense   of  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL  INSTITUTE  chargeable  to  the  pre-existing
 school  district  between  the  new  school  district  and the remaining
 district based on the actual valuation of the two districts.
   § 80. Subdivision 10-b of section 2503 of the education law, as  added
 by chapter 525 of the laws of 1986, is amended to read as follows:
   10-b.  In its discretion, to purchase insurance against personal inju-
 ries incurred  by  an  authorized  participant  in  a  school  volunteer
 program, including but not limited to, those authorized participants who
 assist  on  school  buses,  school  sponsored transportation to and from
 school, or on school sponsored field trips or any other school sponsored
 activity; provided, however, that the injuries were incurred  while  the
 authorized participant was functioning either within the scope of his or
 her  authorized  volunteer duties or under the direction of the board of
 education, trustee, or [board of cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE, or both.
   §  81.  Subdivision 1 of section 2509 of the education law, as amended
 by chapter 116 of the laws of 1971, paragraphs (a) and (b) as amended by
 section 1 of subpart D of part EE of chapter 56 of  the  laws  of  2015,
 subparagraph  ii  of paragraph (a) as amended by chapter 201 of the laws
 A. 9760                            80
 
 of 2022, and subparagraph ii of paragraph (b) as amended by chapter  345
 of the laws of 2019, is amended to read as follows:
   1.  (a)  i.  Teachers  and  all  other  members  of the teaching staff
 appointed prior to July first, two thousand fifteen  and  authorized  by
 section twenty-five hundred three of this article, shall be appointed by
 the board of education, upon the recommendation of the superintendent of
 schools,  for  a  probationary period of three years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute  for  a  period  of two years or as a seasonally licensed per
 session teacher of swimming in day schools who has served in that capac-
 ity for a period of two years and has been appointed to teach  the  same
 subject  in  day  schools  on  an annual salary, the probationary period
 shall be limited to one year; provided, however, that in the case  of  a
 teacher  who  has  been  appointed  on tenure in another school district
 within the state, the school district where  currently  employed,  or  a
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 and who was not dismissed from such district or [board] INSTITUTE  as  a
 result  of  charges brought pursuant to subdivision one of section three
 thousand twenty-a of this chapter, the  probationary  period  shall  not
 exceed two years. The service of a person appointed to any of such posi-
 tions  may  be discontinued at any time during such probationary period,
 on the recommendation of the superintendent of schools,  by  a  majority
 vote of the board of education. Each person who is not to be recommended
 for  appointment on tenure shall be so notified by the superintendent of
 schools in writing not later than sixty days immediately  preceding  the
 expiration of his probationary period.
   ii.  Notwithstanding  any  other provision of law or regulation to the
 contrary, teachers and all other members of the teaching staff appointed
 on or after July first, two thousand fifteen and authorized  by  section
 twenty-five  hundred  three  of  this article, shall be appointed by the
 board of education, upon the recommendation  of  the  superintendent  of
 schools,  for  a  probationary  period of four years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute  for  a  period of two years and, if a classroom teacher, has
 received composite annual professional  performance  review  ratings  in
 each  of  those  years,  or  has  rendered  satisfactory  service  as  a
 seasonally licensed per session teacher of swimming in day  schools  who
 has  served  in  that  capacity  for  a period of two years and has been
 appointed to teach the same subject in day schools on an annual  salary,
 the  teacher  shall be appointed for a probationary period of two years;
 provided, however, that in the case of a teacher who has been  appointed
 on  tenure  in  another  school  district  within  the state, the school
 district where currently employed, or a  [board  of  cooperative  educa-
 tional  services]  NY POLYTECHNICAL INSTITUTE, and who was not dismissed
 from such district or [board] INSTITUTE as a result of  charges  brought
 pursuant  to  subdivision  one  of  section  three  thousand twenty-a or
 section three thousand twenty-b of this chapter, the  teacher  shall  be
 appointed  for  a  probationary period of three years; provided that the
 teacher demonstrates that he or  she  received  an  annual  professional
 performance review rating pursuant to section three thousand twelve-c or
 section three thousand twelve-d of this chapter in his or her final year
 of service in such other school district or [board of cooperative educa-
 tional  services] NY POLYTECHNICAL INSTITUTE. Provided further, however,
 that in the case of a teacher who has been appointed for a  probationary
 period  during the two thousand twenty--two thousand twenty-one, the two
 thousand twenty-one--two thousand twenty-two or the two  thousand  twen-
 A. 9760                            81
 
 ty-two--two thousand twenty-three school year and who has been appointed
 on  tenure  in  another  school  district  within  the state, the school
 district where currently employed,  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE or state school for the blind or
 deaf and who was not dismissed from such district, [board] INSTITUTE  or
 state school for the blind or deaf as a result of charges brought pursu-
 ant  to  subdivision  one  of section three thousand twenty-a or section
 three thousand twenty-b of this chapter, such teacher shall be appointed
 for a probationary period of three years; provided that, in the case  of
 a  classroom  teacher, such teacher demonstrates that he or she received
 an annual professional performance review  rating  pursuant  to  section
 three thousand twelve-c or section three thousand twelve-d of this chap-
 ter in the two thousand seventeen--two thousand eighteen or two thousand
 eighteen--two  thousand  nineteen  school  year  in  such  other  school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE or state school for the blind or deaf. The service of a person
 appointed  to  any  of  such  positions  may be discontinued at any time
 during such probationary period, on the  recommendation  of  the  super-
 intendent  of  schools,  by  a  majority vote of the board of education.
 Each person who is not to be recommended for appointment on tenure shall
 be so notified by the superintendent of schools  in  writing  not  later
 than  sixty  days immediately preceding the expiration of his/her proba-
 tionary period.
   (b) i. Administrators,  directors,  supervisors,  principals  and  all
 other  members of the supervising staff, except associate, assistant and
 other superintendents  appointed  prior  to  July  first,  two  thousand
 fifteen  and  authorized  by  section  twenty-five hundred three of this
 article, shall be appointed by the board of education, upon  the  recom-
 mendation  of the superintendent of schools for a probationary period of
 three years. The service of a person appointed to any of such  positions
 may  be  discontinued  at any time during the probationary period on the
 recommendation of the superintendent of schools, by a majority  vote  of
 the board of education.
   ii.  Notwithstanding  any  other provision of law or regulation to the
 contrary, administrators, directors,  supervisors,  principals  and  all
 other  members of the supervising staff, except associate, assistant and
 other superintendents, appointed on or after July  first,  two  thousand
 fifteen  and  authorized  by  section  twenty-five hundred three of this
 article, shall be appointed by the board of education, upon  the  recom-
 mendation  of the superintendent of schools for a probationary period of
 four years; provided, however, that in the case of a principal, adminis-
 trator, supervisor, or other member of the  supervising  staff  who  has
 been  appointed  on  tenure pursuant to this chapter as an administrator
 within an  authorized  administrative  tenure  area  in  another  school
 district within the state, the school district where currently employed,
 or a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE,  and who was not dismissed from such district or [board] INSTITUTE
 as a result of charges brought pursuant to subdivision  one  of  section
 three thousand twenty-a or section three thousand twenty-b of this chap-
 ter,  the  principal,  administrator,  supervisor or other member of the
 supervising staff shall be appointed for a probationary period of  three
 years. The service of a person appointed to any of such positions may be
 discontinued at any time during the probationary period on the recommen-
 dation of the superintendent of schools, by a majority vote of the board
 of education.
 A. 9760                            82
 
   §  82. Subdivision 16-b of section 2554 of the education law, as added
 by chapter 525 of the laws of 1986, is amended to read as follows:
   16-b.  In its discretion, to purchase insurance against personal inju-
 ries incurred  by  an  authorized  participant  in  a  school  volunteer
 program, including but not limited to, those authorized participants who
 assist  on  school  buses,  school  sponsored transportation to and from
 school, or on school sponsored field trips or any other school sponsored
 activity; provided, however, that the injuries were incurred  while  the
 authorized participant was functioning either within the scope of his or
 her  authorized  volunteer duties or under the direction of the board of
 education, trustee, or [board of cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE, or both.
   §  83.  Subdivision 1 of section 2573 of the education law, as amended
 by section 3 of subpart D of part EE of chapter 56 of the laws of  2015,
 subparagraph  ii  of paragraph (a) as amended by chapter 201 of the laws
 of 2022, and subparagraph ii of paragraph (b) as amended by chapter  345
 of the laws of 2019, is amended to read as follows:
   1.  (a)  i.  Teachers  and  all  other  members of the teaching staff,
 appointed prior to July first, two thousand fifteen  and  authorized  by
 section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
 appointed by the board of education,  upon  the  recommendation  of  the
 superintendent  of  schools,  for  a probationary period of three years,
 except that in the case of  a  teacher  who  has  rendered  satisfactory
 service  as  a  regular  substitute  for  a  period of two years or as a
 seasonally licensed per session teacher of swimming in day  schools  who
 has  served  in  that  capacity  for  a period of two years and has been
 appointed to teach the same subject in day schools on an annual  salary,
 the probationary period shall be limited to one year; provided, however,
 that in the case of a teacher who has been appointed on tenure in anoth-
 er school district within the state, the school district where currently
 employed,  or a [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE, and who was not dismissed from such district or [board]
 INSTITUTE as a result of charges brought pursuant to subdivision one  of
 section  three  thousand  twenty-a or section three thousand twenty-b of
 this chapter, the  probationary  period  shall  not  exceed  two  years;
 provided,  however,  that  in cities with a population of one million or
 more, a teacher appointed under a newly created license, for teachers of
 reading and of the emotionally handicapped,  to  a  position  which  the
 teacher  has held for at least two years prior to such appointment while
 serving on tenure in another license area who was  not  dismissed  as  a
 result  of  charges brought pursuant to subdivision one of section three
 thousand twenty-a or section three thousand twenty-b  of  this  chapter,
 the  probationary  period  shall  be  one  year. The service of a person
 appointed to any of such positions  may  be  discontinued  at  any  time
 during  such  probationary  period,  on the recommendation of the super-
 intendent of schools, by a majority vote of the board of education. Each
 person who is not to be recommended for appointment on tenure  shall  be
 so  notified  by the superintendent of schools in writing not later than
 sixty days immediately preceding the expiration of his or her probation-
 ary period.   In city school  districts  having  a  population  of  four
 hundred  thousand or more, persons with licenses obtained as a result of
 examinations announced subsequent to the twenty-second day of May, nine-
 teen hundred sixty-nine appointed upon  conditions  that  all  announced
 requirements  for the position be fulfilled within a specified period of
 time, shall not acquire tenure unless and until such  requirements  have
 been  completed  within  the  time specified for the fulfillment of such
 A. 9760                            83
 
 requirements, notwithstanding the expiration of any probationary period.
 In all other city school districts subject to  the  provisions  of  this
 article,  failure  to maintain certification as required by this article
 and  by  the  regulations of the commissioner shall be cause for removal
 within the meaning of subdivision five of this section.
   ii. Teachers and all other members of the teaching staff appointed  on
 or  after  July  first,  two  thousand fifteen and authorized by section
 twenty-five hundred fifty-four of this article, shall  be  appointed  by
 the board of education, upon the recommendation of the superintendent of
 schools,  for  a  probationary  period of four years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute  for  a  period of two years and, if a classroom teacher, has
 received annual professional performance review ratings in each of those
 years, or has rendered satisfactory service as a seasonally licensed per
 session teacher of swimming in day schools who has served in that capac-
 ity for a period of two years and has been appointed to teach  the  same
 subject  in  day  schools  on  an  annual  salary,  the teacher shall be
 appointed for a probationary period of  two  years;  provided,  however,
 that in the case of a teacher who has been appointed on tenure in anoth-
 er school district within the state, the school district where currently
 employed,  or a [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE, and who was not dismissed from such district or [board]
 INSTITUTE as a result of charges brought pursuant to subdivision one  of
 section  three  thousand  twenty-a or section three thousand twenty-b of
 this chapter, the teacher shall be appointed for a  probationary  period
 of  three  years; provided that, in the case of a classroom teacher, the
 teacher demonstrates that he or  she  received  an  annual  professional
 performance review rating pursuant to section three thousand twelve-c or
 section three thousand twelve-d of this chapter in his or her final year
 of service in such other school district or [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE; provided, however, that, in
 the  case of a classroom teacher who has been appointed for a probation-
 ary period during the two thousand twenty--two thousand twenty-one,  the
 two  thousand  twenty-one--two  thousand  twenty-two or the two thousand
 twenty-two--two thousand twenty-three  school  year  and  who  has  been
 appointed  on  tenure  in  another school district within the state, the
 school district where currently employed, [board of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE  or state school for the
 blind or deaf, and who was not dismissed  from  such  district,  [board]
 INSTITUTE  or  state school for the blind or deaf as a result of charges
 brought pursuant to section three thousand  twenty-a  or  section  three
 thousand twenty-b of this chapter, such teacher shall be appointed for a
 probationary  period  of  three  years;  provided that, in the case of a
 classroom teacher, such teacher demonstrates that he or she received  an
 annual  professional performance review rating pursuant to section three
 thousand twelve-c or section three thousand twelve-d of this chapter  in
 the  two thousand seventeen--two thousand eighteen or two thousand eigh-
 teen--two thousand nineteen school year in such other  school  district,
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 or state school for the blind or deaf; provided further,  however,  that
 in  cities with a population of one million or more, a teacher appointed
 under a newly created license,  for  teachers  of  reading  and  of  the
 emotionally handicapped, to a position which the teacher has held for at
 least  two  years  prior  to such appointment while serving on tenure in
 another license area who was  not  dismissed  as  a  result  of  charges
 brought  pursuant  to subdivision one of section three thousand twenty-a
 A. 9760                            84
 
 or section three thousand twenty-b of this chapter, the teacher shall be
 appointed for a probationary period of two years.    The  service  of  a
 person  appointed  to  any  of such positions may be discontinued at any
 time  during  such  probationary  period,  on  the recommendation of the
 superintendent of schools, by a majority vote of the board of education.
 Each person who is not to be recommended for appointment on tenure shall
 be so notified by the superintendent of schools  in  writing  not  later
 than  sixty  days  immediately  preceding  the  expiration of his or her
 probationary period.  In  all  city  school  districts  subject  to  the
 provisions  of  this  article,  failure  to  maintain  certification  as
 required by this article and by  the  regulations  of  the  commissioner
 shall  be  cause  for  removal within the meaning of subdivision five of
 this section.
   (b) i. Administrators,  directors,  supervisors,  principals  and  all
 other  members  of  the  supervising  staff, except executive directors,
 associate, assistant, district and community superintendents and examin-
 ers, appointed prior to July first, two thousand fifteen and  authorized
 by  section  twenty-five  hundred  fifty-four  of this article, shall be
 appointed by the board of education,  upon  the  recommendation  of  the
 superintendent  or  chancellor  of schools, for a probationary period of
 three years. The service of a person appointed to any of such  positions
 may  be  discontinued  at any time during the probationary period on the
 recommendation of the superintendent of schools, by a majority  vote  of
 the board of education.
   ii.  Administrators,  directors, supervisors, principals and all other
 members of the supervising staff, except executive directors, associate,
 assistant,  district  and  community  superintendents   and   examiners,
 appointed on or after July first, two thousand fifteen and authorized by
 section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
 appointed by the board of education,  upon  the  recommendation  of  the
 superintendent  or  chancellor  of schools, for a probationary period of
 four years provided that such probationary period  may  be  extended  in
 accordance  with  paragraph  (b)  of  subdivision  five of this section;
 provided, however, that in  the  case  of  a  principal,  administrator,
 supervisor,  or  other  member  of  the  supervising  staff who has been
 appointed on tenure pursuant to this chapter as an administrator  within
 an  authorized  administrative  tenure  area  in another school district
 within the state, the school district where  currently  employed,  or  a
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 and who was not dismissed from such district or [board] INSTITUTE  as  a
 result  of  charges brought pursuant to subdivision one of section three
 thousand twenty-a or section three thousand twenty-b  of  this  chapter,
 the  principal,  administrator, supervisor or other member of the super-
 vising staff shall be appointed  for  a  probationary  period  of  three
 years. The service of a person appointed to any of such positions may be
 discontinued at any time during the probationary period on the recommen-
 dation of the superintendent of schools, by a majority vote of the board
 of education.
   §  84.  Paragraph (b) of subdivision 5 of section 2601-a of the educa-
 tion law, as amended by section 9 of part A of chapter 97 of the laws of
 2011, is amended to read as follows:
   (b) items of expense specifically authorized by statute to be incurred
 by the board of education, including, but not limited  to,  expenditures
 for transportation to and from regular school programs included as ordi-
 nary  contingent  expenses  in subdivision twelve of section twenty-five
 hundred three of this  chapter,  expenditures  for  textbooks,  required
 A. 9760                            85
 
 services for non-public school students, school health services, special
 education  services,  kindergarten  and nursery school programs, and the
 district's share of the  administrative  costs  and  costs  of  services
 provided by a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE;
   §  85.  The  opening paragraph of subdivision 2 of section 2801 of the
 education law, as amended by chapter 380 of the laws of 2001, is amended
 to read as follows:
   The board of education or the trustees, as defined in section  two  of
 this  chapter,  of  every  school  district  within  the  state, however
 created, and every [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE  and county vocational extension board, shall adopt
 and amend, as appropriate, a code of  conduct  for  the  maintenance  of
 order  on  school  property,  including  a  school function, which shall
 govern the conduct of students, teachers and other school  personnel  as
 well  as  visitors  and  shall provide for the enforcement thereof. Such
 policy may be adopted by the school board  or  trustees  only  after  at
 least  one  public hearing that provides for the participation of school
 personnel, parents, students and any other interested parties. Such code
 of conduct shall include, at a minimum:
   § 86. Subdivision 1 of section 2801-a of the education law, as amended
 by section 1 of part B of chapter 54 of the laws of 2016, is amended  to
 read as follows:
   1.  The  board  of education or trustees, as defined in section two of
 this chapter,  of  every  school  district  within  the  state,  however
 created,  and every [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE and county vocational education and extension  board
 and  the  chancellor of the city school district of the city of New York
 shall adopt and amend a comprehensive district-wide school  safety  plan
 and  building-level  emergency  response  plans  regarding crisis inter-
 vention, emergency response and management, provided that  in  the  city
 school  district of the city of New York, such plans shall be adopted by
 the chancellor of the city school district. Such plans shall  be  devel-
 oped by a district-wide school safety team and a building-level emergen-
 cy  response  team  established  pursuant  to  subdivision  four of this
 section and shall be in a form developed by the commissioner in  consul-
 tation  with  the division of criminal justice services, the superinten-
 dent of the state police and any other appropriate state  agencies.  The
 commissioner,  in  consultation  with  the  superintendent  of the state
 police, is authorized to develop an  appeals  process  from  duplicative
 requirements  of a district-wide school safety plan for school districts
 having only one school building.
   § 87. Section 2801-b of the education law, as amended by  section  3-a
 of  part  A  of  chapter  57  of the laws of 2013, is amended to read as
 follows:
   § 2801-b. New York state school safety improvement teams. The governor
 shall establish New York state school safety  improvement  teams,  which
 may be composed of representatives from the division of homeland securi-
 ty and emergency services, the division of state police, the division of
 criminal  justice  services,  and  the  department.  Such New York State
 School Safety Improvement Teams shall review and  assess  school  safety
 plans  submitted,  on  a  voluntary  basis, by school districts having a
 population of less than one hundred  twenty-five  thousand  inhabitants,
 [boards   of   cooperative   educational   services]   NY  POLYTECHNICAL
 INSTITUTES, nonpublic  schools,  and  county  vocational  education  and
 A. 9760                            86
 
 extension  boards,  and  may make recommendations to improve such school
 safety plans.
   § 88. Intentionally omitted.
   §  89.  Subdivision  2,  the  opening  paragraph of subdivision 3, and
 subdivision 4 of section 2802 of the education law, as added by  chapter
 181 of the laws of 2000, are amended to read as follows:
   2.  The  commissioner,  in  conjunction  with the division of criminal
 justice services, shall establish a statewide uniform  violent  incident
 reporting  system  which public school districts, [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES and county  vocational
 education and extension boards shall follow.
   The  uniform  violent  incident  reporting system shall require public
 school districts, [boards of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTES  and  county  vocational  education  and extension
 boards to annually report to the commissioner in a form and  by  a  date
 prescribed  by  the  commissioner,  the following information concerning
 violent and disruptive incidents that occurred in the prior school year:
   4. The commissioner shall require a summary of such information to  be
 included,  in  a  form  prescribed  by  the  commissioner, in the school
 district report cards or [board of cooperative educational services]  NY
 POLYTECHNICAL INSTITUTE report cards required by this chapter.
   §  90.  Subdivision 3 of section 3003 of the education law, as amended
 by chapter 149 of the laws of 1974, is amended to read as follows:
   3. The commissioner, at the request of a board of education or  [board
 of  cooperative  educational  services]  NY POLYTECHNICAL INSTITUTE, may
 provide for the issuance of a certificate as superintendent  of  schools
 to  exceptionally  qualified persons who do not meet all of the graduate
 course or teaching requirements of subdivision one of this section,  but
 whose exceptional training and experience are the substantial equivalent
 of such requirements and qualify such persons for the duties of a super-
 intendent of schools.
   §  91.  Subdivisions 3, 4, and 5 of section 3004 of the education law,
 subdivision 3 as added by chapter 181 of the laws of 2000,  subdivisions
 4  and  5  as amended by chapter 484 of the laws of 2008, are amended to
 read as follows:
   3. The commissioner shall prescribe  regulations  requiring  that  all
 persons  applying  on  or  after February second, two thousand one for a
 teaching certificate or license, including but not limited to a  certif-
 icate  or  license  valid  for  service as a classroom teacher, teaching
 assistant, pupil personnel service professional, school administrator or
 supervisor or superintendent of schools, shall, in addition to  all  the
 other  certification or licensing requirements, have completed two hours
 of course work or training in  school  violence  prevention  and  inter-
 vention.  The course work or training shall be obtained from an institu-
 tion or provider which has been approved by the  department  to  provide
 such  course  work or training. Such regulations shall also require that
 school districts and [boards of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTES include training for teachers and other certi-
 fied or licensed employees in  school  violence  prevention  and  inter-
 vention in their required professional development plans.
   4.  a. The commissioner shall prescribe regulations requiring that all
 persons applying on or after September second, two thousand nine  for  a
 teaching  certificate  or license as a special education teacher for the
 purposes pursuant to article eighty-nine of this chapter shall, in addi-
 tion to all the other  certification  or  licensing  requirements,  have
 completed  enhanced  course  work  or  training in area of children with
 A. 9760                            87
 
 autism. In addition, such regulations shall require that enhanced train-
 ing in the needs of autistic children  be  provided  to  each  certified
 school  administrator  or  supervisor  assigned  on  or  after September
 second, two thousand nine to serve as a special education administrator.
 Such  training  shall  be  provided  prior to, or as soon as practicable
 following, assignment as a special education administrator.  Individuals
 serving  as special education administrators as of September second, two
 thousand nine shall complete such training by such  date.  The  enhanced
 course work or training shall be obtained from an institution or provid-
 er which has been approved by the department to provide such course work
 or  training  in  the needs of autistic children, provided that enhanced
 training for certified school administrators or supervisors  that  meets
 standards  prescribed by the commissioner may be included in the profes-
 sional development provided by the school district or [board of  cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE to such adminis-
 trators or supervisors.
   b. The commissioner  shall  assure  that  teacher  preparation  insti-
 tutions,  in  the  two  thousand eight--two thousand nine academic year,
 include instruction in the needs of autistic children  in  all  programs
 leading to certification as a special education teacher.
   5.  Notwithstanding  any  other  provision of law, the commissioner is
 authorized and empowered to certify or  require  training  of  teachers,
 administrators  and  instructors  in  the  area  of  autistic needs. The
 commissioner shall have the power to prescribe the necessary regulations
 and establish such programs and training related to the needs of  autis-
 tic  children.  Such  programs  and  training  shall be obtained from an
 institution or provider which has been approved  by  the  department  to
 provide  such  programs  and  training, except that a school district or
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 may  provide  such  training  as  part  of  its professional development
 program.
   § 92. Paragraph d of subdivision 1 and subdivision 3 of section 3006-a
 of the education law, as amended by chapter 311 of the laws of 2017, are
 amended to read as follows:
   d. Any certificate holder who is not practicing as a teacher, teaching
 assistant or educational leader in a school district, [board of  cooper-
 ative  educational  services]  NY  POLYTECHNICAL INSTITUTE, or nonpublic
 school that is providing instruction  pursuant  to  subdivision  two  of
 section  thirty-two  hundred  four  of this title in this state shall be
 exempt from the continuing teacher and leader education requirement upon
 the filing of a written statement with  the  department  declaring  such
 status. Any holder of a professional certificate in the classroom teach-
 ing  service,  holder  of a level III teaching assistant certificate and
 holder of a  professional  certificate  in  the  educational  leadership
 service  who  resumes  practice during the five-year registration period
 shall notify the department prior to resuming practice  and  shall  meet
 such  continuing teacher and leader education requirements as prescribed
 in regulations of the commissioner.
   3. The department, in its discretion, may issue a  conditional  regis-
 tration  to  a  teacher,  teaching  assistant or educational leader in a
 school district, [board of cooperative educational  services]  NY  POLY-
 TECHNICAL  INSTITUTE,  or nonpublic school that is providing instruction
 pursuant to subdivision two of section thirty-two hundred four  of  this
 title  in this state who fails to meet the continuing teacher and leader
 education requirements established in subdivision two  of  this  section
 but  who  agrees  to  make  up  any deficiencies and take any additional
 A. 9760                            88
 
 continuing  teacher  and  leader  education  which  the  department  may
 require.  The  duration of such conditional registration shall be deter-
 mined by the department. Any holder of a professional certificate in the
 classroom  teaching  service,  holder  of a level III teaching assistant
 certificate or holder of a professional certificate in  the  educational
 leadership  service  and  any other certified individual required by the
 commissioner to register every five years who is notified of the  denial
 of  registration  for  failure  to  submit evidence, satisfactory to the
 department, of required continuing teacher and leader education and  who
 practices without such registration, shall be subject to moral character
 review  under  subdivision  seven  of section three hundred five of this
 chapter.
   § 93. Subdivision 1 of section 3012 of the education law,  as  amended
 by  section 4 of subpart D of part EE of chapter 56 of the laws of 2015,
 subparagraph ii of paragraph (a) as amended by chapter 201 of  the  laws
 of  2022, and subparagraph ii of paragraph (b) as amended by chapter 345
 of the laws of 2019, is amended to read as follows:
   1. (a) i. Teachers and all other members  of  the  teaching  staff  of
 school  districts,  including  common  school  districts  and/or  school
 districts employing fewer than eight teachers, other  than  city  school
 districts,  who are appointed prior to July first, two thousand fifteen,
 shall be appointed by the board of education, or the trustees of  common
 school  districts,  upon  the  recommendation  of  the superintendent of
 schools, for a probationary period of three years, except  that  in  the
 case  of  a  teacher  who has rendered satisfactory service as a regular
 substitute for a period of two years or as  a  seasonally  licensed  per
 session teacher of swimming in day schools who has served in that capac-
 ity  for  a period of two years and has been appointed to teach the same
 subject in day schools, on an annual  salary,  the  probationary  period
 shall  be  limited to one year; provided, however, that in the case of a
 teacher who has been appointed on  tenure  in  another  school  district
 within  the  state,  the  school district where currently employed, or a
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 and  who  was not dismissed from such district or [board] INSTITUTE as a
 result of charges brought pursuant to subdivision one of  section  three
 thousand  twenty-a  or  section three thousand twenty-b of this article,
 the probationary period shall not exceed two years.  The  service  of  a
 person  appointed  to  any  of such positions may be discontinued at any
 time during such probationary  period,  on  the  recommendation  of  the
 superintendent  of schools, by a majority vote of the board of education
 or the trustees of a common school district.
   ii. Teachers and all other members of the  teaching  staff  of  school
 districts,  including  common  school  districts and/or school districts
 employing fewer than eight teachers, other than city  school  districts,
 who are appointed on or after July first, two thousand fifteen, shall be
 appointed  by  the  board of education, or the trustees of common school
 districts, upon the recommendation of the superintendent of schools, for
 a probationary period of four years, except that in the case of a teach-
 er who has rendered satisfactory service as a regular substitute  for  a
 period  of  two  years  and, if a classroom teacher, has received annual
 professional performance review ratings in each of those years,  or  has
 rendered  satisfactory  service  as  a  seasonally  licensed per session
 teacher of swimming in day schools who has served in that capacity for a
 period of two years and has been appointed to teach the same subject  in
 day  schools,  on an annual salary, the teacher shall be appointed for a
 probationary period of two years; provided, however, that in the case of
 A. 9760                            89
 
 a teacher who has been appointed on tenure in  another  school  district
 within  the  state,  the  school district where currently employed, or a
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 and  who  was not dismissed from such district or [board] INSTITUTE as a
 result of charges brought pursuant to subdivision one of  section  three
 thousand  twenty-a  or  section three thousand twenty-b of this article,
 the teacher shall be appointed for a probationary period of three years;
 provided that, in the case of a classroom teacher,  the  teacher  demon-
 strates  that  he  or  she  received  an annual professional performance
 review rating pursuant to section three  thousand  twelve-c  or  section
 three  thousand  twelve-d  of  this  chapter in his or her final year of
 service in such other school district or [board  of  cooperative  educa-
 tional  services] NY POLYTECHNICAL INSTITUTE. Provided further, however,
 that in the case of a teacher who has been appointed for a  probationary
 period  during the two thousand twenty--two thousand twenty-one, the two
 thousand twenty one--two thousand twenty-two or the two  thousand  twen-
 ty-two--two thousand twenty-three school year and who has been appointed
 on  tenure  in  another  school  district  within  the state, the school
 district where currently employed,  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE or state school for the blind or
 deaf and who was not dismissed from such district, [board] INSTITUTE  or
 state school for the blind or deaf as a result of charges brought pursu-
 ant  to  subdivision  one  of section three thousand twenty-a or section
 three thousand twenty-b of this article, such teacher shall be appointed
 for a probationary period of three years; provided that, in the case  of
 a  classroom  teacher, such teacher demonstrates that he or she received
 an annual professional performance review  rating  pursuant  to  section
 three thousand twelve-c or section three thousand twelve-d of this arti-
 cle in the two thousand seventeen--two thousand eighteen or two thousand
 eighteen--two  thousand  nineteen  school  year  in  such  other  school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE or state school for the blind or deaf. The service of a person
 appointed  to  any  of  such  positions  may be discontinued at any time
 during such probationary period, on the  recommendation  of  the  super-
 intendent  of  schools,  by a majority vote of the board of education or
 the trustees of a common school district.
   (b) i. Principals, administrators, supervisors and all  other  members
 of  the  supervising  staff of school districts, including common school
 districts and/or school districts employing fewer than  eight  teachers,
 other than city school districts, who are appointed prior to July first,
 two  thousand  fifteen, shall be appointed by the board of education, or
 the trustees of a common school district, upon the recommendation of the
 superintendent of schools for a probationary period of three years.  The
 service of a person appointed to any of such positions may be discontin-
 ued  at any time during the probationary period on the recommendation of
 the superintendent of schools, by a majority vote of the board of educa-
 tion or the trustees of a common school district.
   ii. Principals, administrators, supervisors and all other  members  of
 the  supervising  staff  of  school  districts,  including common school
 districts and/or school districts employing fewer than  eight  teachers,
 other  than  city  school  districts, who are appointed on or after July
 first, two thousand fifteen, shall be appointed by the board  of  educa-
 tion,  or the trustees of a common school district, upon the recommenda-
 tion of the superintendent of schools for a probationary period of  four
 years;  provided,  however, that in the case of a principal, administra-
 tor, supervisor, or other member of the supervising staff who  has  been
 A. 9760                            90
 
 appointed  on tenure pursuant to this chapter as an administrator within
 an authorized administrative tenure  area  in  another  school  district
 within  the  state,  the  school district where currently employed, or a
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 and who was not dismissed from such district or [board] INSTITUTE  as  a
 result  of  charges brought pursuant to subdivision one of section three
 thousand twenty-a or section three thousand twenty-b  of  this  article,
 the  principal,  administrator, supervisor or other member of the super-
 vising staff shall be appointed  for  a  probationary  period  of  three
 years. The service of a person appointed to any of such positions may be
 discontinued at any time during the probationary period on the recommen-
 dation of the superintendent of schools, by a majority vote of the board
 of education or the trustees of a common school district.
   (c) Any person previously appointed to tenure or a probationary period
 pursuant  to the provisions of former section three thousand thirteen of
 this article shall continue to hold such position and be governed by the
 provisions of this section notwithstanding  any  contrary  provision  of
 law.
   § 94. Subdivision 1 of section 3012-c of the education law, as amended
 by  section 6 of subpart D of part EE of chapter 56 of the laws of 2015,
 is amended to read as follows:
   1. Notwithstanding any other provision of law, rule or  regulation  to
 the  contrary, the annual professional performance reviews of all class-
 room teachers and building principals employed by  school  districts  or
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 shall  be  conducted  in accordance with the provisions of this section.
 Such performance reviews which are conducted on or after July first, two
 thousand eleven, or on or after the date specified  in  paragraph  c  of
 subdivision two of this section where applicable, shall include measures
 of student achievement and be conducted in accordance with this section.
 Such  annual  professional  performance  reviews  shall be a significant
 factor for employment decisions including but not limited to, promotion,
 retention, tenure determination, termination, and  supplemental  compen-
 sation, which decisions are to be made in accordance with locally devel-
 oped procedures negotiated pursuant to the requirements of article four-
 teen  of the civil service law where applicable. Provided, however, that
 nothing in this section shall be  construed  to  affect  the  unfettered
 statutory  right  of  a  school district or [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE to terminate a  probationary
 teacher  or principal for any statutorily and constitutionally permissi-
 ble reasons, including but not limited to misconduct and until a  tenure
 decision  is  made,  the  performance of the teacher or principal in the
 classroom. Such performance reviews shall also be a  significant  factor
 in  teacher  and  principal  development,  including but not limited to,
 coaching, induction support and differentiated professional development,
 which are to be locally established in accordance with procedures  nego-
 tiated  pursuant  to  the  requirements of article fourteen of the civil
 service law.
   § 95. Subparagraph 1 of paragraph b, subparagraph 1  of  paragraph  c,
 and  subparagraph 2 of paragraph e of subdivision 2 of section 3012-c of
 the education law, as amended by chapter 21 of the  laws  of  2012,  are
 amended to read as follows:
   (1)  Annual  professional  performance  reviews  conducted  by  school
 districts or [boards of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTES for the two thousand eleven--two thousand  twelve  school
 year of classroom teachers of common branch subjects or English language
 A. 9760                            91
 
 arts  or mathematics in grades four to eight and all building principals
 of schools in which such teachers are employed shall be conducted pursu-
 ant to this subdivision and shall use  two  thousand  ten--two  thousand
 eleven school year student data as the baseline for the initial computa-
 tion  of the composite teacher or principal effectiveness score for such
 classroom teachers and principals.
   (1)  Annual  professional  performance  reviews  conducted  by  school
 districts or [boards of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTES for the two thousand twelve--two thousand thirteen school
 year  and  thereafter of all classroom teachers and all building princi-
 pals shall be conducted pursuant to this subdivision and shall  use  two
 thousand  eleven--two  thousand  twelve  school year student data as the
 baseline for the initial computation of the composite teacher or princi-
 pal effectiveness score for such classroom teachers and principals.  For
 purposes of this section, an administrator in charge of an instructional
 program  of a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE shall be deemed to be a building principal.
   (2) Such locally selected measures may  include  measures  of  student
 achievement  or growth on state assessments, regents examinations and/or
 department approved equivalent, provided that such measures are  differ-
 ent  from those prescribed by the commissioner pursuant to clause (i) of
 subparagraph one of this paragraph. The regulations of the  commissioner
 shall  describe  the  types of measures of student growth or achievement
 that may be locally selected. The selection of the local  measure(s)  as
 described  in this paragraph to be used by the school district or [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE shall be
 determined through collective bargaining.
   § 96. Clauses (iii), (iv), and (v) of subparagraph 2, clauses (ix) and
 (x) of subparagraph 3 and subparagraph 4 of paragraph f of subdivision 2
 of section 3012-c of the education law, as amended by chapter 21 of  the
 laws of 2012, are amended to read as follows:
   (iii)  student  growth  or achievement computed in a manner determined
 locally based on a district, regional or [BOCES-developed] NY  POLYTECH-
 NICAL  INSTITUTE-DEVELOPED  assessment  that  is rigorous and comparable
 across classrooms;
   (iv) a school-wide measure of either  student  growth  or  achievement
 based on either:
   (A) a state-provided student growth score covering all students in the
 school  that took the state assessment in English language arts or math-
 ematics in grades four through eight;
   (B) a school-wide measure of student growth or achievement computed in
 a manner determined locally based on a district, regional or  [board  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTE developed
 assessment that is  rigorous  and  comparable  across  classrooms  or  a
 department  approved  student assessment or based on a state assessment;
 or
   (v) where applicable, for teachers in any grade or subject where there
 is no growth or value-added  growth  model  approved  by  the  board  of
 regents  at  that grade level or in that subject, a structured district-
 wide student growth goal-setting process  to  be  used  with  any  state
 assessment  or an approved student assessment or a district, regional or
 [BOCES-developed] NY POLYTECHNICAL INSTITUTE-DEVELOPED  assessment  that
 is rigorous and comparable across classrooms.
   (ix)  For  school  districts  or  [boards  of  cooperative educational
 services] NY POLYTECHNICAL INSTITUTES that choose to use more  than  one
 set of locally selected measures described in this paragraph for princi-
 A. 9760                            92
 
 pals  in  the same or similar grade configuration or program such as one
 set of locally selected measures is used to evaluate principals in  some
 K-5  schools  and  another  set  of locally selected measures is used to
 evaluate principals in the other K-5 schools in the district, the super-
 intendent  or  district  superintendent  shall,  in  their  professional
 performance review plan, certify that the sets of measures are  compara-
 ble,  in accordance with the testing standards as defined in regulations
 of the commissioner.
   (x) For building principals employed in schools or programs for  which
 there  is  no approved principal value-added model, the types of locally
 selected measures of student achievement or growth specified in subpara-
 graph three of paragraph g of this subdivision may be used. In addition,
 a structured district-wide student growth  goal-setting  process  to  be
 used  with  any  state assessment or an approved student assessment or a
 district, [regional of BOCES-developed] NY  POLYTECHNICAL  INSTITUTE-DE-
 VELOPED assessment that is rigorous and comparable across classrooms may
 be a locally selected measure.
   (4)  The  selection  of  the local measure or measures as described in
 subparagraphs two and three of this paragraph to be used by  the  school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall be determined through collective bargaining.
   § 97. Clauses (iii) and (iv) of subparagraph 2, clause (ix) of subpar-
 agraph  3, and subparagraph 4 of paragraph g of subdivision 2 of section
 3012-c of the education law, as amended by chapter 21  of  the  laws  of
 2012, are amended to read as follows:
   (iii)  student  growth  or achievement computed in a manner determined
 locally based on a district, regional or [BOCES-developed] NY  POLYTECH-
 NICAL  INSTITUTE-DEVELOPED  assessment  that  is rigorous and comparable
 across classrooms;
   (iv) a school-wide measure of either  student  growth  or  achievement
 based on either:
   (A) a state-provided student growth score covering all students in the
 school  that took the state assessment in English language arts or math-
 ematics in grades four through eight; or
   (B) a school-wide measure of student growth or achievement computed in
 a manner determined locally based on a district, regional or  [board  of
 cooperative  educational  services] NY POLYTECHNICAL INSTITUTE developed
 assessment that is  rigorous  and  comparable  across  classrooms  or  a
 department approved student assessment or based on a state assessment.
   (ix)  For  school  districts  or  [boards  of  cooperative educational
 services] NY POLYTECHNICAL INSTITUTES that choose to use more  than  one
 set of locally selected measures described in this paragraph for princi-
 pals  in  the same or similar grade configuration or program, the super-
 intendent  or  district  superintendent  shall,  in  their  professional
 performance  review plan, certify that the sets of measures are compara-
 ble, in accordance with the testing standards as defined in  regulations
 of the commissioner.
   (4)  The  selection  of  the local measure or measures as described in
 subparagraphs two and three of this paragraph to be used by  the  school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall be determined through collective bargaining.
   §  98.  Clause (i) of subparagraph 3 and subparagraph 6 of paragraph h
 of subdivision 2 of section 3012-c of the education law, as  amended  by
 chapter 21 of the laws of 2012, are amended to read as follows:
   (i)  one  or more classroom observations by independent trained evalu-
 ators selected by the school district or [board  of  cooperative  educa-
 A. 9760                            93

 tional  services]  NY POLYTECHNICAL INSTITUTE who are teachers or former
 teachers with a demonstrated record of effectiveness and have  no  prior
 affiliation  with the school in which they are conducting the evaluation
 and  no  other relationship with the teachers being evaluated that would
 affect their impartiality;
   (6) The district or [board of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE  shall  establish  specific minimum and maximum
 scoring ranges for  each  performance  level  within  this  subcomponent
 before the start of each school year and shall assign points to a teach-
 er  or principal for this subcomponent based on the standards prescribed
 in the regulations of the commissioner,  all  in  accordance  with,  and
 subject to, the requirements of paragraph j of this subdivision.
   § 99. Subparagraph 2 of paragraph j of subdivision 2 of section 3012-c
 of  the  education  law,  as added by chapter 21 of the laws of 2012, is
 amended to read as follows:
   (2) Such process must ensure that it is  possible  for  a  teacher  or
 principal to obtain each point in the applicable scoring ranges, includ-
 ing  zero, for the state assessment or other comparable measures subcom-
 ponent, the locally selected measures of student  achievement  subcompo-
 nent  and  the  overall  rating categories. The process must also ensure
 that it is possible for a teacher or principal to obtain each  point  in
 the  scoring  ranges prescribed by the district or [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE for the other  measures
 of teacher and principal effectiveness subcomponent.
   §  100. Paragraphs k and k-1 of subdivision 2 of section 3012-c of the
 education law, paragraph k as added by chapter 21 of the  laws  of  2012
 and paragraph k-1 as added by section 1 of subpart G of part AA of chap-
 ter 56 of the laws of 2014, are amended to read as follows:
   k.  Notwithstanding  any other provision of law, rule or regulation to
 the contrary, by July first, two thousand twelve, the governing body  of
 each  school district and [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE shall adopt a plan, on a form prescribed by  the
 commissioner,  for  the annual professional performance review of all of
 its classroom teachers and building principals in  accordance  with  the
 requirements  of  this  section and the regulations of the commissioner,
 and shall submit such plan to the commissioner for  approval.  The  plan
 may  be  an  annual  or  multi-year  plan,  for  the annual professional
 performance review of all of its classroom teachers and building princi-
 pals. The commissioner shall approve or reject  the  plan  by  September
 first,  two  thousand  twelve, or as soon as practicable thereafter. The
 commissioner may reject a plan that does not rigorously  adhere  to  the
 provisions  of  this  section  and  the regulations of the commissioner.
 Should any plan be rejected, the commissioner shall describe each  defi-
 ciency  in  the  submitted  plan and direct that each such deficiency be
 resolved through collective bargaining  to  the  extent  required  under
 article  fourteen  of the civil service law. If any material changes are
 made to the plan, the school district or [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE must submit the material
 changes, on a form prescribed by the commissioner, to  the  commissioner
 for  approval. To the extent that by July first, two thousand twelve, or
 by July first of any subsequent year, if all the terms of the plan  have
 not been finalized as a result of unresolved collective bargaining nego-
 tiations,  the  entire  plan shall be submitted to the commissioner upon
 resolution of all of its terms, consistent with article fourteen of  the
 civil service law.
 A. 9760                            94
 
   k-1. If material changes are submitted pursuant to paragraph k of this
 subdivision  for an approved plan that solely relates to the elimination
 of student assessments that are not required by state  or  federal  law,
 the  commissioner  shall  expedite  his  or  her review of such material
 changes  and solely review those sections of the plan that relate to the
 eliminated student assessments to ensure compliance  with  this  section
 and  the  regulations  of  the commissioner, provided that the governing
 body of such  school  district  or  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE provide a written explanation of
 the material changes submitted for approval, on a form prescribed by the
 commissioner, and certify that no other material changes have been  made
 to  any  other  sections  of  the  currently approved plan, and provided
 further that the commissioner shall complete  such  review  of  material
 changes  properly  and  completely submitted under this paragraph within
 ten business days of submission.
   § 101. Subdivisions 3, 4, 5, 7, 8, 9, and 10 of section 3012-c of  the
 education  law,  subdivisions  3, 7 and 8 as added by chapter 103 of the
 laws of 2010, subdivisions 4 and 5 as amended and paragraph c of  subdi-
 vision  5  and subdivision 9 as added by chapter 21 of the laws of 2012,
 paragraph b of subdivision 5 as amended by section 7  of  subpart  D  of
 part  EE  of chapter 56 of the laws of 2015, and subdivision 10 as added
 by chapter 68 of the laws of 2012, are amended to read as follows:
   3. Nothing in  this  section  shall  be  construed  to  excuse  school
 districts or [boards of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTES from complying with the standards set forth in the regu-
 lations of the commissioner for conducting annual professional  perform-
 ance  reviews  of  classroom  teachers  or principals, including but not
 limited to required quality rating categories, in conducting evaluations
 prior to July first, two thousand eleven, or, for classroom teachers  or
 principals  subject  to  paragraph c of subdivision two of this section,
 prior to July first, two thousand twelve.
   4. Notwithstanding any other law, rule or regulation to the  contrary,
 upon  rating  a  teacher  or  a  principal  as developing or ineffective
 through an annual professional performance review conducted pursuant  to
 subdivision  two of this section, the school district or [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE shall formulate
 and commence implementation of a teacher or principal  improvement  plan
 for  such  teacher  or  principal  as soon as practicable but in no case
 later than ten school days after the opening of classes for  the  school
 year.  Such improvement plan shall be consistent with the regulations of
 the commissioner and developed locally  through  negotiations  conducted
 pursuant  to article fourteen of the civil service law. Such improvement
 plan shall include, but need not be limited to, identification of needed
 areas of improvement, a timeline for achieving improvement,  the  manner
 in which improvement will be assessed, and, where appropriate, differen-
 tiated  activities  to support a teacher's or principal's improvement in
 those areas.
   5. a. An appeals procedure shall be locally established in each school
 district and in each [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE by which the evaluated teacher or principal may
 only challenge the substance  of  the  annual  professional  performance
 review,  the  school  district's  or  [board  of cooperative educational
 services'] NY POLYTECHNICAL INSTITUTE'S adherence to the  standards  and
 methodologies  required  for such reviews, pursuant to this section, the
 adherence to the regulations of the commissioner and compliance with any
 applicable  locally  negotiated  procedures,  as  well  as  the   school
 A. 9760                            95
 
 district's  or [board of cooperative educational services'] NY POLYTECH-
 NICAL INSTITUTE'S issuance and/or implementation of  the  terms  of  the
 teacher  or  principal improvement plan, as required under this section.
 Appeal  procedures  shall  provide for the timely and expeditious resol-
 ution of any appeal under this subdivision. The specifics of the  appeal
 procedure  shall  be  locally established through negotiations conducted
 pursuant to article fourteen of the civil  service  law.  An  evaluation
 which  is  the subject of an appeal shall not be sought to be offered in
 evidence or placed in evidence in any proceeding conducted  pursuant  to
 either  section  three  thousand twenty-a of this article or any locally
 negotiated alternate disciplinary procedure, until the appeal process is
 concluded.
   b. Nothing in this section shall be construed to alter or diminish the
 authority of the governing body of a school district or [board of  coop-
 erative  educational  services]  NY  POLYTECHNICAL INSTITUTE to grant or
 deny tenure to or terminate probationary teachers or probationary build-
 ing principals during the pendency of an appeal pursuant to this section
 for statutorily and constitutionally permissible reasons  including  the
 teacher's or principal's performance that is the subject of the appeal.
   c.  Nothing  in this section shall be construed to authorize a teacher
 or principal to trigger the appeal process prior  to  receipt  of  their
 composite  effectiveness score and rating from the district or [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE.
   7. The regulations adopted pursuant to this section shall be developed
 in consultation with an advisory committee consisting of representatives
 of teachers, principals,  superintendents  of  schools,  school  boards,
 school district and [board of cooperative educational services] NY POLY-
 TECHNICAL  INSTITUTE  officials  and other interested parties. The regu-
 lations shall also take into account any (i) professional teaching stan-
 dards; (ii) standards for professional contexts; and (iii) standards for
 a continuum of system support for teachers and principals  developed  in
 consultation with the advisory committee. Regulations promulgated pursu-
 ant  to  this  section  shall be effective no later than July first, two
 thousand eleven, for implementation  in  the  two  thousand  eleven--two
 thousand twelve school year.
   8.  Notwithstanding  any other provision of law, rule or regulation to
 the contrary, all collective bargaining agreements applicable to  class-
 room  teachers or building principals entered into after July first, two
 thousand ten shall be consistent  with  requirements  of  this  section.
 Nothing  in  this section shall be construed to abrogate any conflicting
 provisions of any collective bargaining  agreement  in  effect  on  July
 first,  two thousand ten during the term of such agreement and until the
 entry into a successor collective bargaining  agreement,  provided  that
 notwithstanding any other provision of law to the contrary, upon expira-
 tion  of  such term and the entry into a successor collective bargaining
 agreement the provisions of this  section  shall  apply.    Furthermore,
 nothing  in  this section or in any rule or regulation promulgated here-
 under shall in any way, alter, impair or diminish the rights of a  local
 collective  bargaining representative to negotiate evaluation procedures
 in accordance with article fourteen of the civil service  law  with  the
 school  district or [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE.
   9. a. The department shall annually monitor  and  analyze  trends  and
 patterns in teacher and principal evaluation results and data to identi-
 fy  school  districts,  [boards  of cooperative educational services] NY
 POLYTECHNICAL INSTITUTES and/or schools where evidence suggests  that  a
 A. 9760                            96
 
 more rigorous evaluation system is needed to improve educator effective-
 ness  and student learning outcomes. The criteria for identifying school
 districts, [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES  and/or schools shall be prescribed in the regulations of the
 commissioner.
   b. A school, school district  or  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE identified by the department in one
 of  the  categories enumerated in paragraph a of this subdivision may be
 highlighted in public  reports  and/or  the  commissioner  may  order  a
 corrective  action  plan,  which  may  include,  but  not be limited to,
 requirements that the district  or  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE arrange for additional professional
 development, provide additional in-service training and/or utilize inde-
 pendent  trained  evaluators  to  review  the efficacy of the evaluation
 system, provided that the plan shall be consistent with law and  not  in
 conflict with any applicable collective bargaining agreement.
   10.  Each  school  district  and  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE shall fully disclose and release to
 the public and the department the final quality  ratings  and  composite
 effectiveness scores from the annual professional performance reviews of
 its teachers and principals as provided in this subdivision.
   a.  The  commissioner  shall  fully  disclose professional performance
 review data for teachers and principals  in  each  school  district  and
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 on the department website and in any other  manner  to  make  such  data
 widely  available  to  the  public.  Such  data  shall  be  suitable for
 research, analysis and comparison  of  professional  performance  review
 data  for  teachers and principals. Such public disclosure shall include
 but not be limited to the final quality ratings and composite effective-
 ness scores by school district for principal evaluation data, by  school
 building  for  teacher  evaluation  data  and,  within each district and
 school building, by class, subject and grade; final quality ratings  and
 composite effectiveness scores by region, district wealth, district need
 category,  student  enrollment,  type of school (i.e. elementary, middle
 and high school), student  need  (e.g.,  poverty  level),  and  district
 spending;  final  quality  ratings and composite effectiveness scores by
 the percentage or number of teachers and principals in each final quali-
 ty rating category, moving to a higher rating category than the previous
 year, moving to a lower rating category  than  the  previous  year,  and
 retained in each rating category; and data on tenure granting and denial
 based on the final quality rating categories.
   b.   Each  school  district  and  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE shall fully disclose and release to
 the parents and legal guardians of a student the  final  quality  rating
 and  composite  effectiveness score for each of the teachers and for the
 principal of the school building to which the student  is  assigned  for
 the current school year upon the request of such parents and legal guar-
 dians.  The governing body of each school district and [board of cooper-
 ative educational services] NY  POLYTECHNICAL  INSTITUTE  shall  provide
 conspicuous notice to parents and legal guardians of the right to obtain
 such  information.  Parents  and  legal guardians may review and receive
 such data in any manner, including by phone or in person; shall  receive
 an  oral  or  written explanation of the composite effectiveness scoring
 ranges for final quality ratings; and be offered opportunities to under-
 stand such scores in the  context  of  teacher  evaluation  and  student
 performance.  Reasonable  efforts  shall be made to verify that any such
 A. 9760                            97
 
 request is a bona fide request by  a  parent  or  guardian  entitled  to
 review and receive such data pursuant to this paragraph.
   c.  The  department and each school district and [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall ensure  that  any
 release to the public of annual professional performance review data, or
 any  other  data  that  is  used  as  a component of annual professional
 performance reviews, does not include personally identifying information
 for any teacher or principal,  provided,  however,  that  nothing  shall
 impair  the  right  of parents and legal guardians to review and receive
 the final quality rating and composite effectiveness score of individual
 teachers and principals as provided in paragraph b of this  subdivision.
 Annual professional performance reviews of individual teachers and prin-
 cipals shall not be subject to disclosure pursuant to article six of the
 public officers law.
   d.  Nothing  in  this  subdivision  shall prohibit the department from
 collecting such data and materials from school districts and [boards  of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTES as is
 necessary to carry out its functions and duties, including its responsi-
 bilities related to the federal Race to the Top program.
   § 102. Paragraphs a and b of  subdivision  2  and  subdivision  17  of
 section 3012-d of the education law, paragraphs a and b of subdivision 2
 as  added by section 2 of subpart E of part EE of chapter 56 of the laws
 of 2015 and subdivision 17 as amended by chapter  201  of  the  laws  of
 2022, are amended to read as follows:
   a.  "District" shall mean school district and/or [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE,  except  that  for
 purposes  of  subdivision  eleven  of  this section it shall only mean a
 school district;
   b. "Principal" shall mean a building principal or an administrator  in
 charge  of  an  instructional  program of a [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE;
   17. Notwithstanding any other provision of this section, for  the  two
 thousand  twenty--two  thousand  twenty-one and the two thousand twenty-
 one--two thousand twenty-two school years, no school district or  [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE shall be
 required to complete an annual teacher and principal evaluation required
 by  this  section  for  any  classroom teacher or building principal and
 state funding shall not be withheld from any  school  district  for  not
 complying with the requirements of this section.
   §  103.  Subdivisions 1 and 2 of section 3013 of the education law, as
 added by chapter 737 of the  laws  of  1992,  are  amended  to  read  as
 follows:
   1.  If  a  trustee, board of trustees, board of education or [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE  abolishes
 an  office  or  position  and creates another office or position for the
 performance of duties similar to those performed in the office or  posi-
 tion  abolished,  the person filling such office or position at the time
 of its abolishment shall be appointed to the  office  or  position  thus
 created without reduction in salary or increment, provided the record of
 such person has been one of faithful, competent service in the office or
 position he or she has filled.
   2. Whenever a trustee, board of [trustee] TRUSTEES, board of education
 or  [board  of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE abolishes a position under this chapter, the services of the teach-
 er having the least seniority in the system within  the  tenure  of  the
 position abolished shall be discontinued.
 A. 9760                            98
 
   §  104.  Section 3014 of the education law, as amended by section 5 of
 subpart D of part EE of chapter 56 of the laws of 2015 and paragraph (b)
 of subdivision 1 and paragraph (b) of subdivision 2 as amended by  chap-
 ter 201 of the laws of 2022, is amended to read as follows:
   § 3014. Tenure:  [boards of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTES. 1.  (a)  Administrative  assistants,  supervisors,
 teachers  and all other members of the teaching and supervising staff of
 the [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE  appointed  prior  to  July  first,  two thousand fifteen, shall be
 appointed by a majority vote of the [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  upon  the recommendation of the
 district superintendent of schools for a probationary period of  not  to
 exceed three years; provided, however, that in the case of a teacher who
 has  been appointed on tenure in a school district within the state, the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 where  currently  employed, or another [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE, and who  was  not  dismissed  from
 such district or [board] INSTITUTE as a result of charges brought pursu-
 ant  to  subdivision  one  of section three thousand twenty-a or section
 three thousand twenty-b of this article, the probationary  period  shall
 not  exceed  two  years.  Services  of a person so appointed to any such
 positions may be discontinued at any time during such probationary peri-
 od, upon the recommendation of the district superintendent, by a majori-
 ty vote of the [board of cooperative educational services] NY  POLYTECH-
 NICAL INSTITUTE.
   (b)  Administrative  assistants,  supervisors,  teachers and all other
 members of the teaching and supervising staff of the [board  of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE appointed on or
 after July first, two thousand fifteen, shall be appointed by a majority
 vote of the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE upon the recommendation  of  the  district  superintendent  of
 schools for a probationary period of not to exceed four years; provided,
 however,  that in the case of a teacher who has been appointed on tenure
 in a school district within the state, the [board of cooperative  educa-
 tional services] NY POLYTECHNICAL INSTITUTE where currently employed, or
 another  [board  of  cooperative  educational services] NY POLYTECHNICAL
 INSTITUTE, and who was not dismissed from such district or  board  as  a
 result of charges brought pursuant to section three thousand twenty-a or
 section  three  thousand  twenty-b of this article, the teacher shall be
 appointed for a probationary period of three years;  provided  that,  in
 the case of a classroom teacher, the teacher demonstrates that he or she
 received  a  composite  annual  professional  performance  review rating
 pursuant to section three thousand twelve-c or three  thousand  twelve-d
 of  this  article  of either effective or highly effective in his or her
 final year of service in such other school district or [board of cooper-
 ative educational services] NY  POLYTECHNICAL  INSTITUTE;  and  provided
 further  that  in the case of a principal, administrator, supervisor, or
 other member of the supervising staff who has been appointed  on  tenure
 pursuant to this chapter as an administrator within an authorized admin-
 istrative  tenure  area in another school district within the state, the
 school district where currently employed, or  a  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE,  and  who  was not
 dismissed from such district or [board] INSTITUTE as a result of charges
 brought pursuant to subdivision one of section three  thousand  twenty-a
 or  section  three  thousand  twenty-b  of  this article, the principal,
 administrator, supervisor, or other  member  of  the  supervising  staff
 A. 9760                            99
 
 shall  be  appointed  for a probationary period of three years. Provided
 further, however, that in the case of a classroom teacher who  has  been
 appointed  for a probationary period during the two thousand twenty--two
 thousand  twenty-one,  the two thousand twenty-one--two thousand twenty-
 two or the two thousand  twenty-two--two  thousand  twenty-three  school
 year  and  who  has been appointed on tenure in a school district within
 the state, state school for the blind or deaf, the [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE   where   currently
 employed,  or  another  [board  of  cooperative educational services] NY
 POLYTECHNICAL INSTITUTE, and who was not dismissed from  such  district,
 [board]  INSTITUTE  or state school for the blind or deaf as a result of
 charges brought pursuant to section three thousand twenty-a  or  section
 three thousand twenty-b of this article, such teacher shall be appointed
 for  a probationary period of three years; provided that, in the case of
 a classroom teacher, such teacher demonstrates that he or  she  received
 an  annual  professional  performance  review rating pursuant to section
 three thousand twelve-c or section three thousand twelve-d of this arti-
 cle of either effective or highly effective in the two  thousand  seven-
 teen--two thousand eighteen or two thousand eighteen--two thousand nine-
 teen  school  year  in  such other school district, state school for the
 blind or deaf or [board of cooperative educational  services]  NY  POLY-
 TECHNICAL INSTITUTE. Services of a person so appointed to any such posi-
 tions  to  which  this paragraph applies may be discontinued at any time
 during the probationary period, upon the recommendation of the  district
 superintendent,  by  a majority vote of the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE.
   2. (a) On or before the expiration  of  the  probationary  term  of  a
 person  appointed  for  such  term  prior  to  July  first, two thousand
 fifteen, the district superintendent of schools  shall  make  a  written
 report to the [board of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTE  recommending  for appointment on tenure persons who have
 been found competent, efficient and  satisfactory.  Such  persons  shall
 hold  their  respective positions during good behavior and competent and
 efficient service and shall not be removed except for any of the follow-
 ing causes, after a hearing, as provided by section three thousand twen-
 ty-a or section three thousand twenty-b of this article: (i)  Insubordi-
 nation,   immoral  character  or  conduct  unbecoming  a  teacher;  (ii)
 Inefficiency, incompetency, or neglect of duty; (iii) Failure  to  main-
 tain certification as required by this chapter and by the regulations of
 the  commissioner.  Each  person  who  is  not  to be so recommended for
 appointment on tenure shall be so notified in writing  by  the  district
 superintendent not later than sixty days immediately preceding the expi-
 ration of his or her probationary period.
   (b)  On  or before the expiration of the probationary term of a person
 appointed for such term on or after July first,  two  thousand  fifteen,
 the  district  superintendent  of schools shall make a written report to
 the [board of cooperative educational services] NY POLYTECHNICAL  INSTI-
 TUTE  recommending for appointment on tenure persons who have been found
 competent, efficient and satisfactory and, in the case  of  a  classroom
 teacher  or  building  principal,  who  have  received  composite annual
 professional performance review ratings pursuant to section three  thou-
 sand  twelve-c  or  section  three thousand twelve-d of this article, of
 either effective or highly effective in  at  least  three  of  the  four
 preceding  years,  exclusive of any breaks in service; provided that, in
 the case of a classroom teacher or building principal  appointed  during
 the  two thousand seventeen--two thousand eighteen or two thousand twen-
 A. 9760                            100

 ty--two thousand twenty-one school  year  who  have  received  composite
 annual professional performance review ratings pursuant to section three
 thousand  twelve-c or section three thousand twelve-d of this article of
 either effective or highly effective in at least one of the four preced-
 ing  years,  exclusive  of any breaks in service, and did not receive an
 ineffective rating in the final year of his or her  probationary  period
 or in the most recent school year where a rating was received, and would
 have  been  in the district superintendent of schools' discretion quali-
 fied for appointment on tenure based upon  performance,  notwithstanding
 that  his  or  her  annual  professional performance review had not been
 completed and he or she had not received an annual professional perform-
 ance rating for the two  thousand  nineteen--two  thousand  twenty,  two
 thousand twenty--two thousand twenty-one or the two thousand twenty-one-
 -two  thousand  twenty-two  school year; provided that, in the case of a
 classroom teacher or building principal appointed during the  two  thou-
 sand eighteen--two thousand nineteen or two thousand nineteen--two thou-
 sand  twenty  school year, who has not received composite annual profes-
 sional performance review ratings pursuant  to  section  three  thousand
 twelve-c  or  section  three thousand twelve-d of this article for three
 consecutive years, no ratings shall be required for the district  super-
 intendent of schools to recommend for appointment on tenure such teacher
 or  building  principal  if the teacher or principal would have been, in
 the  district  superintendent  of  schools'  discretion,  qualified  for
 appointment  on  tenure based upon performance, notwithstanding that his
 or her annual professional performance review had not been completed and
 he or she had not received an  annual  professional  performance  review
 rating  for the two thousand nineteen--two thousand twenty, two thousand
 twenty--two thousand twenty-one and two thousand  twenty-one--two  thou-
 sand  twenty-two  school years; provided that in the case of a classroom
 teacher or building principal appointed during the two thousand  twenty-
 one--two  thousand  twenty-two  school  year who have received composite
 annual professional performance review ratings pursuant to section three
 thousand twelve-c or section three thousand twelve-d of this article  of
 either effective or highly effective in at least two of the four preced-
 ing  years,  exclusive  of any breaks in service, and did not receive an
 ineffective rating in the final year of his or her probationary  period,
 or  during  the most recent school year where a rating was received, and
 would have been in the district superintendent  of  schools'  discretion
 qualified  for  appointment  on  tenure based upon performance, notwith-
 standing that his or her annual professional performance review had  not
 been  completed  and  he  or she had not received an annual professional
 performance rating for the two thousand twenty--two thousand  twenty-one
 or   two  thousand  twenty-one--two  thousand  twenty-two  school  year;
 provided further that,  notwithstanding  any  other  provision  of  this
 section  to the contrary, when a teacher or principal receives an effec-
 tive or highly effective rating in each year of his or her  probationary
 service  except  he  or  she receives an ineffective rating in the final
 year of his or her probationary period, such teacher shall not be eligi-
 ble for tenure but the board of education in its discretion, may  extend
 the  teacher's  probationary  period  for  an additional year; provided,
 however that if such teacher or  principal  successfully  appealed  such
 ineffective  rating,  such  teacher  or  principal  shall immediately be
 eligible for tenure if the rating resulting from the appeal  established
 that  such individual has been effective or highly effective in at least
 three of the preceding four years and was not ineffective in  the  final
 year. At the expiration of the probationary period, the classroom teach-
 A. 9760                            101
 
 er  or  building principal shall remain in probationary status until the
 end of the school year in which such teacher or principal  has  received
 such  ratings of effective or highly effective for at least three of the
 four  preceding school years, exclusive of any breaks in service, during
 which time a [board of cooperative educational services] NY  POLYTECHNI-
 CAL INSTITUTE shall consider whether to grant tenure for those classroom
 teachers or building principals who otherwise have been found competent,
 efficient  and satisfactory. Provided, however, that the [board of coop-
 erative educational  services]  NY  POLYTECHNICAL  INSTITUTE  may  grant
 tenure  contingent  upon  a  classroom teacher's or building principal's
 receipt of a minimum rating in the final year of the probationary  peri-
 od, pursuant to the requirements of this section, and if such contingen-
 cy is not met after all appeals have been exhausted, the grant of tenure
 shall  be void and unenforceable and the teacher's or principal's proba-
 tionary period may be extended in accordance with this subdivision. Such
 persons shall hold their respective positions during good  behavior  and
 competent  and efficient service and shall not be removed except for any
 of the following causes, after a hearing, as provided by  section  three
 thousand  twenty-a  or  section three thousand twenty-b of this article:
 (i) Insubordination, immoral character or conduct unbecoming a  teacher;
 (ii)  Inefficiency,  incompetency,  or neglect of duty; (iii) Failure to
 maintain certification as required by this  chapter  and  by  the  regu-
 lations of the commissioner. Each person who is not to be so recommended
 for  appointment  on  tenure  shall  be  so  notified  in writing by the
 district superintendent not later than sixty days immediately  preceding
 the expiration of his or her probationary period.
   §  105. Section 3014-a of the education law, as amended by chapter 511
 of the laws of 1998, is amended to read as follows:
   § 3014-a. Teachers' rights as a result of a board or [boards of  coop-
 erative  educational services] NY POLYTECHNICAL INSTITUTES taking over a
 program formerly operated by a school district  or  districts  or  by  a
 county vocational education and extension board. 1. In any case in which
 a board or [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES  duly  take over the operation of a program formerly provided
 by a school district or school  districts  or  by  a  county  vocational
 education  and  extension  board,  each  teacher, teaching assistant and
 teacher aide employed in such a program by such  a  school  district  or
 such  a  county  vocational education and extension board at the time of
 such takeover  by  the  board  or  [boards  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTES, shall be considered an employee
 of such board or [boards of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTES with the same tenure or civil service status he OR
 SHE maintained in such school district  or  in  such  county  vocational
 education and extension board.
   2.  If the number of teaching positions needed to provide the services
 required by such program by the board or [boards of  cooperative  educa-
 tional  services] NY POLYTECHNICAL INSTITUTES is less than the number of
 teachers, teaching assistants and teacher aides eligible to  be  consid-
 ered  employees  of  such  board  or  [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES as provided by subdivision one  of
 this  section,  the  services  of  the teachers, teaching assistants and
 teacher aides having the least  seniority  in  the  school  district  or
 school  districts  or  county  vocational  education and extension board
 whose programs are taken over by the board  or  [boards  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTES within the tenure area
 or  civil  service  title  of  the  position shall be discontinued. Such
 A. 9760                            102
 
 teachers, teaching assistants and teacher aides shall  be  placed  on  a
 preferred  eligible list of candidates for appointment to a vacancy that
 may thereafter occur in an office or position under the jurisdiction  of
 the board or [boards of cooperative educational services] NY POLYTECHNI-
 CAL  INSTITUTES  similar to the one such teacher, teaching assistant and
 teacher aide filled in such school district or school districts or  such
 county  vocational education and extension board. The teachers, teaching
 assistants and teacher aides on such preferred list shall be  reinstated
 or  appointed  to  such vacancies in such corresponding or similar posi-
 tions under the jurisdiction of the  board  or  [boards  of  cooperative
 educational  services] NY POLYTECHNICAL INSTITUTES in the order of their
 length of service in such school district or school districts or in such
 county vocational education and extension board, within seven years from
 the date of the abolition of such office or position.
   3. For any such teacher, teaching assistant and teacher  aide  as  set
 forth  in subdivision one of this section for salary, sick leave and any
 other purposes, the length of service credited in such  school  district
 or  in  such  county  vocational  education and extension board shall be
 credited as employment time with such board or  [boards  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTES.
   4.  This  section  shall in no way be construed to limit the rights of
 any of such employees set forth in this section  granted  by  any  other
 provision of law.
   5.  Program  takeovers  pursuant to this section shall be considered a
 transfer pursuant to section seventy of the civil service law.
   § 106. Section 3014-b of the education law, as amended by chapter  511
 of the laws of 1998, is amended to read as follows:
   §  3014-b.  Teachers'  rights  as a result of a school district taking
 over a program formerly operated by a [board of cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE. 1. In any case in which a school
 district duly takes over the operation of a program formerly provided by
 a  [board  of  cooperative  educational   services]   NY   POLYTECHNICAL
 INSTITUTE, each teacher, teaching assistant and teacher aide employed in
 such  a program by such a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE at the time  of  such  takeover  by  the  school
 district  shall  be considered an employee of such school district, with
 the same tenure or civil service status he OR  SHE  maintained  in  such
 [board of cooperative educational services] NY POLYTECHNICAL INSTITUTE.
   2.  If the number of teaching positions needed to provide the services
 required by such program by the school district is less than the  number
 of  teachers,  teaching  assistants  and  teacher  aides  eligible to be
 considered employees of such school district as provided by  subdivision
 one  of  this section, the services of the teachers, teaching assistants
 and teacher aides having the least seniority in the  [board  of  cooper-
 ative  educational  services]  NY POLYTECHNICAL INSTITUTE whose programs
 are taken over by the school district within the tenure  area  or  civil
 service  title  of  the  position  shall be discontinued. Such teachers,
 teaching assistants and teacher aides shall be  placed  on  a  preferred
 eligible list of candidates for appointment to a vacancy that may there-
 after  occur  in  an  office  or  position under the jurisdiction of the
 school district similar to the one such teacher, teaching assistant  and
 teacher aide filled in such [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE. The teachers, teaching assistants and teach-
 er aides on such preferred list shall be reinstated or appointed to such
 vacancies in such corresponding or similar positions under the jurisdic-
 tion  of  the school district in the order of their length of service in
 A. 9760                            103

 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE, within seven years from the date of the abolition of  such  office
 or position.
   3.  For  any  such teacher, teaching assistant and teacher aide as set
 forth in subdivision one of this section for salary, sick leave and  any
 other purposes, the length of service credited in such [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE shall be credited
 as employment time with such school district.
   4. In the event that more than one school district duly takes over the
 operation  of  a  program  formerly  provided by a [board of cooperative
 educational services] NY POLYTECHNICAL  INSTITUTE,  then  each  teacher,
 teaching  assistant  and  teacher  aide employed in such program by such
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 at  the  time  of  such takeover by more than one school district, shall
 select the particular school district  in  which  he  OR  SHE  shall  be
 considered  an  employee, with all of the rights and privileges provided
 by the other provisions of this section. Such selection of  the  partic-
 ular  school  district  by  such teacher, teaching assistant and teacher
 aide is to be based upon the seniority of each teacher, teaching assist-
 ant and teacher aide in such [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE, with the right  of  selection  passing  from
 such  teachers,  teaching  assistants  and  teacher  aides with the most
 seniority to such teachers, teaching assistants and teacher  aides  with
 least  seniority.  Any such teacher, teaching assistant and teacher aide
 who is unable to obtain a teaching position in any such school districts
 because the number of positions needed to provide the services  required
 in  such programs with such school districts are less than the number of
 teachers, teaching assistants and teachers aides eligible to be  consid-
 ered  employees of such school districts, shall be placed on a preferred
 eligible list in all such school districts in the method and with all of
 the rights provided by the other provisions of this section.
   5. This section shall in no way be construed to limit  the  rights  of
 any  of  such  employees  set forth in this section granted by any other
 provision of law.
   § 107. Section 3019-a of the education law, as added by chapter 557 of
 the laws of 1960, is amended to read as follows:
   § 3019-a. Notice of termination of service by teachers.  A teacher who
 desires to terminate his OR HER services to a  school  district  at  any
 time, shall file a written notice thereof with the school authorities of
 such  school  district  or  with  the  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE or county vocational education  and
 extension  board  at  least thirty days prior to the date of such termi-
 nation of services.  School authorities [or such],  SUCH  INSTITUTES  OR
 SUCH  boards  which desire to terminate the services of a teacher during
 the probationary period shall give a  written  notice  thereof  to  such
 teacher  at least thirty days prior to the effective date of such termi-
 nation of services.
   § 108. Subdivision 2 of section 3021-a of the education law, as  added
 by chapter 233 of the laws of 2018, is amended to read as follows:
   2.  When  an accusatory instrument has been filed alleging the commis-
 sion of a sex offense by a person known to be an employee  of  a  school
 district, charter school, [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE,  private  elementary  or  secondary school, or
 special education schools, it is  the  responsibility  of  the  district
 attorney  to  immediately notify the superintendent of schools or school
 A. 9760                            104
 
 administrator that employs such employee of  the  accusatory  instrument
 and the sex offense or offenses alleged therein.
   § 109. Section 3023 of the education law, as amended by chapter 844 of
 the laws of 1976, is amended to read as follows:
   § 3023. Liability of a board of education, trustee, trustees or [board
 of   cooperative   educational  services]  NY  POLYTECHNICAL  INSTITUTE.
 Notwithstanding any inconsistent provision of law, general,  special  or
 local,  or  the limitation contained in the provisions of any city char-
 ter, it shall be the duty of each board of education, trustee  or  trus-
 tees,  in  any  school  district  having  a  population of less than one
 million, and each [board of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTE  established  pursuant  to section nineteen hundred
 fifty of this chapter, to save harmless and protect all teachers,  prac-
 tice  or  cadet  teachers, authorized participants in a school volunteer
 program,  and members of supervisory and administrative staff or employ-
 ees from financial loss arising out of any claim, demand, suit or  judg-
 ment  by  reason  of  alleged negligence or other act resulting in acci-
 dental bodily injury to any person, or accidental damage to the property
 of any person within or  without  the  school  building,  provided  such
 teacher,  practice  or cadet teacher, authorized participant in a school
 volunteer program, or member of the supervisory or administrative  staff
 or  employee  at  the  time  of the accident or injury was acting in the
 discharge of his OR HER duties within the scope of his OR HER employment
 or authorized volunteer duties  and/or under the direction of said board
 of education, trustee, trustees or  [board  of  cooperative  educational
 services]    NY  POLYTECHNICAL  INSTITUTE;  and said board of education,
 trustee, trustees or [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE may arrange for and maintain appropriate insur-
 ance with any insurance company created by or under  the  laws  of  this
 state,  or  in any insurance company authorized by law to transact busi-
 ness in this state, or such board, trustee, trustees or [board of  coop-
 erative  educational  services]  NY POLYTECHNICAL INSTITUTE may elect to
 act as self-insurers to maintain the aforesaid protection.   A board  of
 education,  trustee,  board of trustees, or [board of cooperative educa-
 tional services] NY  POLYTECHNICAL  INSTITUTE,  however,  shall  not  be
 subject  to the duty imposed by this section, unless such teacher, prac-
 tice or cadet teacher, authorized  participant  in  a  school  volunteer
 program,  or  member  of  the  supervisory  and  administrative staff or
 employee shall, within ten days of the time he OR SHE is served with any
 summons, complaint, process, notice, demand  or  pleading,  deliver  the
 original  or  a  copy  of  the same to such board of education, trustee,
 board of  [trustes]  TRUSTEES,  or  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE.
   § 110. Section 3028-d of the education law, as added by chapter 118 of
 the laws of 2006, is amended to read as follows:
   §  3028-d.  Protection  of  school  employees  who  report information
 regarding illegal or inappropriate financial practices. Any employee  of
 a  school district, [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE,  or  charter  school  having  reasonable  cause  to
 suspect  that  the fiscal practices or actions of an employee or officer
 of a school district, charter school, or [board  of  cooperative  educa-
 tional  services]  NY POLYTECHNICAL INSTITUTE, violate any local, state,
 federal law or rule and regulation, relating to the financial  practices
 of  such  entity  and  who  in good faith reports such information to an
 official of such school  district,  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE or charter school, or to the office
 A. 9760                            105
 
 of the state comptroller, the commissioner or to law enforcement author-
 ities,  shall have immunity from any civil liability that may arise from
 the making of such report, and no school district, or employee or  offi-
 cer  thereof,  charter school, or employee or officer thereof, or [board
 of cooperative educational  services]  NY  POLYTECHNICAL  INSTITUTE,  or
 employee or officer thereof, shall take, request, or cause a retaliatory
 action against any such employee who makes such report.
   § 111. Section 3031 of the education law, as amended by chapter 691 of
 the laws of 1993, is amended to read as follows:
   §  3031.  Procedure  when  tenure  not  to be granted at conclusion of
 probationary period or when services to be discontinued. Notwithstanding
 any other provision of this chapter: (a) boards of  education,  trustees
 of  common  school  districts  and  [boards  of  cooperative educational
 services] NY POLYTECHNICAL INSTITUTES shall review  all  recommendations
 not  to  appoint  a  person on tenure, and, teachers, administrators and
 supervisors employed on probation by  any  school  district  or  by  any
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 as to whom a recommendation is to be made that appointment on tenure not
 be granted or that their services be discontinued shall, at least thirty
 days prior to the board meeting at which such recommendation  is  to  be
 considered,  be notified of such intended recommendation and the date of
 the board meeting at which it is to be considered. Such teacher,  admin-
 istrator  and  supervisor  may,  not later than twenty-one days prior to
 such meeting, request in writing that he OR  SHE  be  furnished  with  a
 written  statement giving the reasons for such recommendation and within
 seven days thereafter such written statement shall  be  furnished.  Such
 teacher,  administrator  and  supervisor  may file a written response to
 such statement with the district clerk not later than seven  days  prior
 to the date of the board meeting.
   (b)  Where a board of education, trustees of a common school district,
 or [board of cooperative educational services] NY  POLYTECHNICAL  INSTI-
 TUTE  votes to reject the recommendation of a superintendent of schools,
 district superintendent or district principal to  grant  tenure  to  any
 teacher,  administrator  and supervisor employed on probation, such vote
 shall be considered advisory and at least thirty days prior to the board
 meeting at which such recommendation is to be  finally  considered,  the
 board  shall  notify  said  teacher, administrator and supervisor of its
 intention to deny tenure and the date of the board meeting at  which  it
 will take final action.  Such teacher, administrator and supervisor may,
 not later than twenty-one days prior to such meeting, request in writing
 that  he OR SHE be furnished with a written statement giving the board's
 reasons for such intended action and within seven days  thereafter  such
 written  statement  should be furnished. Such teacher, administrator and
 supervisor may file a  written  response  to  such  statement  with  the
 district  clerk not later than seven days prior to the date of the board
 meeting.
   (c) This section shall not be construed as modifying existing law with
 respect to the rights of probationary teachers or the powers and  duties
 of  boards  of education, trustees of common school districts or [boards
 of cooperative educational services] NY POLYTECHNICAL  INSTITUTES,  with
 respect  to  the  discontinuance of services of teachers, administrators
 and supervisors or appointments on tenure  of  teachers,  administrators
 and supervisors.
   §  112.  Paragraph (b) of subdivision 1, subdivision 2, and paragraphs
 (a) and (b) of subdivision 3 of section 3032 of the education law, para-
 graph (b) of subdivision 1 and paragraph (a) of subdivision 3 as amended
 A. 9760                            106
 
 by chapter 301 of the laws of 1996, subdivision 2 as amended by  chapter
 683  of  the laws of 1986 and paragraph (b) of subdivision 3 as added by
 chapter 933 of the laws of 1984, are amended to read as follows:
   (b)  "Local education agencies" for the purposes of this section means
 school districts, [boards of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTES,  community  colleges,  agricultural and technical
 colleges, state university of New York college of technology and centers
 for advanced technology designated pursuant to  section  three  thousand
 one hundred two-a of the public authorities law, and other postsecondary
 providers  of career education as set forth annually by the commissioner
 as eligible recipients under the federal  vocational  education  act  of
 nineteen hundred eighty-four.
   2.  Allocations.  The  commissioner shall allocate the lesser of forty
 thousand dollars or one percent  of  the  total  appropriation  for  the
 purposes of this section to each region for administering and conducting
 employer specific skill training and employment programs and the remain-
 der  of  such  appropriation  shall  be allocated to each region for the
 administration and support  of  teacher  summer  business  training  and
 employment  programs  based on the proportion of the base year full time
 teachers in the public schools of all school districts  and  [boards  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES within the
 region  to  the  total  of such teachers in the state, provided however,
 that each region shall receive at least five percent of  the  allocation
 for  such  purposes  and provided further that the cost due to such five
 percent allowance shall be proportionally borne by the  regions  not  so
 affected.  Use of funds for administration of the summer business train-
 ing and employment programs shall not exceed six percent  of  the  allo-
 cation to a region.
   (a) In any case in which a business or industry within the state shall
 employ  during  the  months of July and August a teacher of mathematics,
 chemistry, biology, earth science,  physics,  computer  science,  career
 education  or  an  elementary  specialist  in the area of mathematics or
 science or commencing July first, nineteen hundred eighty-five, a teach-
 er of other subject areas as the commissioner may deem appropriate,  the
 state  will  assist  employers  with costs associated with approved work
 experience for such teachers. Such business or  industry  shall  request
 that  the  chief administrative officer of the school district or [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE  employ-
 ing  such teacher during the same school year as such business or indus-
 try employment occurs, certify to the commissioner that the summer  work
 experience involved will directly benefit the individual's effectiveness
 as a teacher of mathematics, chemistry, biology, earth science, physics,
 computer  science,  career  education,  or  other  subject  areas as the
 commissioner may deem appropriate. If such chief administrative  officer
 so  certifies,  then  such  officer shall also file the request with the
 local education agency designated by the commissioner  for  pre-approval
 for funding under this program in the applicable region. The commission-
 er  shall not approve any requests for approval that would result in the
 maximum allocation for the applicable region being exceeded. No approval
 shall be given except for the lesser of thirty per centum of  the  total
 employment  cost  or  one  thousand  dollars  per  employed teacher. The
 remainder of  such  costs  shall  be  borne  by  the  business  employer
 involved.  Participation  in this program shall be at the option of each
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL INSTITUTE.
 A. 9760                            107
 
   (b)  Such  requests  for pre-approval and certifications shall be on a
 form prescribed by the commissioner. Such form shall include but not  be
 limited  to certification of the employer regarding work to be performed
 by the teacher, wages, hours, and the certification of the chief  admin-
 istrative officer of the school district or [board of cooperative educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE  as  the case may be, as
 prescribed in this subdivision.
   § 113. Section 3033 of the education law, as amended by chapter 886 of
 the laws of 1986, subdivisions 2, 4, and 5 as amended by  section  117-b
 of  part  A  of  chapter  436  of  the laws of 1997 and subdivision 3 as
 amended by chapter 748 of the laws  of  1987,  is  amended  to  read  as
 follows:
   § 3033. New  York  state mentor teacher-internship program.  1. Boards
 of education and [boards of cooperative educational services]  NY  POLY-
 TECHNICAL  INSTITUTES  are  hereby  authorized to participate in the New
 York state mentor teacher-internship  program  in  accordance  with  the
 provisions of this section.
   2.  Each  board  of  education  or  [board  of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE which applies for funds under  this
 section  shall prepare a plan for implementation of a mentor teacher-in-
 ternship program consistent with article fourteen of the  civil  service
 law.  The  plan  shall  be developed in accordance with this section and
 regulations of the commissioner. The board of  education  or  [board  of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  shall
 submit an application and plan by May first  of  the  current  year  for
 approval  by the commissioner; provided however for the nineteen hundred
 ninety-seven--ninety-eight school year, such plan may  be  submitted  by
 November first, nineteen hundred ninety-seven.
   3.  Each  board  of  education  and  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE which determines to participate  in
 the  program  shall  select persons eligible to serve as mentor teachers
 from a list of persons who have demonstrated their mastery  of  pedagog-
 ical  and  subject  matter  skills,  given evidence of superior teaching
 abilities and interpersonal relationship qualities, and who  have  indi-
 cated  their  willingness  to  participate in such program. Such list of
 persons eligible to serve as mentor teachers shall  be  developed  by  a
 selection committee composed of certified or licensed personnel employed
 by  the  school  district  or  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE, a majority of whom shall be class-
 room teachers chosen by the certified or  recognized  teachers  employee
 organization.  The  assignment of particular mentor teachers and teacher
 interns to work together shall be made  by  the  superintendent  of  the
 participating  district  or district superintendent of the participating
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE.
 Each  person  designated  as  a mentor teacher shall continue to provide
 classroom instruction for at least sixty percent of the  time  spent  in
 performance  of  such individual's duties during the school year or such
 person may so serve on a full-time basis for not more  than  two  school
 years  out  of five consecutive school years, provided that such service
 as a mentor teacher shall not diminish or impair the tenure and  senior-
 ity rights of the mentor teacher.
   4.  Each  board  of  education  and  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE which determines to participate  in
 the  mentor  teacher-internship  program  shall  require  those first or
 second year eligible teachers which it chooses to include in the program
 to perform their duties under the guidance  of  a  mentor  teacher,  and
 A. 9760                            108
 
 shall  ensure  that  such teacher intern and mentor carry no more than a
 ninety percent classroom instruction assignment in order to  allow  such
 teacher intern time to receive special assistance from a mentor teacher.
 In  order to participate as a teacher intern in a mentor teacher-intern-
 ship program, a first or second year teacher shall hold a provisional or
 permanent teaching certificate,  temporary  emergency  license,  regular
 license,  or  temporary  per  diem  certificate  for a field in which no
 licensed person is available to teach and shall not have participated in
 such program in the previous year.
   5. A school district or [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE participating in an approved mentor  teacher-in-
 ternship program in the current year shall be eligible for aid including
 but  not  limited  to  costs  related  to release time of the intern and
 mentor teacher up to ten percent of the mentor teacher's salary  and  up
 to ten percent of the teacher intern's salary respectively in accordance
 with  the  provisions of this subdivision. To receive such assistance, a
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE  must file a claim with the commissioner by October
 first of the current school year in a form prescribed by the commission-
 er which shall include the actual salary of each program participant  as
 of September fifteenth of such year. The commissioner shall pay one-half
 of  the  amount of such assistance by January fifteenth of each year and
 shall pay the remaining amount based upon a final report  filed  by  the
 school district by August fifteenth of each year.
   6.  Each  board  of  education  and  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE which participates in  the  program
 shall  file  a report with the commissioner on or before August first of
 each school year concerning compliance  with  the  requirements  of  the
 program  during the preceding school year.  Such report shall be in such
 form and in such manner as the commissioner may require. The commission-
 er shall evaluate such programs and file a report with  the  legislature
 on or before December first, nineteen hundred eighty-seven.
   §  114.  Subdivisions 1 and 3 of section 3035 of the education law, as
 amended by chapter 630 of the laws of 2006, subdivision 3 as amended  by
 section 7 of such chapter, are amended to read as follows:
   1.  The  commissioner shall submit to the division of criminal justice
 services two sets of fingerprints of prospective employees as defined in
 subdivision three of section eleven hundred twenty-five of this  chapter
 received from a school district, charter school or [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  and of prospective
 employees received from nonpublic and private elementary  and  secondary
 schools pursuant to title two of this chapter, and the division of crim-
 inal  justice  services  processing  fee imposed pursuant to subdivision
 eight-a of section eight hundred thirty-seven of the executive  law  and
 any  fee imposed by the federal bureau of investigation. The division of
 criminal justice services and the federal bureau of investigation  shall
 forward  such  criminal  history  record to the commissioner in a timely
 manner. For the purposes of this section,  the  term  "criminal  history
 record" shall mean a record of all convictions of crimes and any pending
 criminal charges maintained on an individual by the division of criminal
 justice services and the federal bureau of investigation. All such crim-
 inal  history records sent to the commissioner pursuant to this subdivi-
 sion shall be confidential pursuant to the applicable federal and  state
 laws,  rules  and  regulations, and shall not be published or in any way
 disclosed to persons  other  than  the  commissioner,  unless  otherwise
 authorized by law.
 A. 9760                            109
 
   3.  (a) Clearance. After receipt of a criminal history record from the
 division of criminal justice services and the federal bureau of investi-
 gation the commissioner shall promptly  notify  the  appropriate  school
 district, charter school, [board of cooperative educational services] NY
 POLYTECHNICAL  INSITUTE, or nonpublic or private elementary or secondary
 school whether the prospective employee to which such report relates  is
 cleared  for  employment  based  upon  his  or her criminal history. All
 determinations to grant or deny clearance  for  employment  pursuant  to
 this paragraph shall be performed in accordance with subdivision sixteen
 of section two hundred ninety-six of the executive law and article twen-
 ty-three-A  of  the  correction  law.  When  the  commissioner  denies a
 prospective employee clearance for employment, such prospective employee
 shall be afforded notice and the right to be heard and  offer  proof  in
 opposition  to  such determination in accordance with the regulations of
 the commissioner.
   (b) Conditional clearance. When the commissioner  receives  a  request
 for  a  determination  on  the  conditional  clearance  of a prospective
 employee, the commissioner, after receipt of a criminal  history  record
 from  the  division  of criminal justice services, shall promptly notify
 the prospective employee and the appropriate  school  district,  charter
 school,  [board  of  cooperative  educational services] NY POLYTECHNICAL
 INSITUTE, or nonpublic or private elementary or  secondary  school  that
 the  prospective  employee to which such report relates is conditionally
 cleared for employment based upon his or her criminal  history  or  that
 more  time  is  needed  to  make  the determination. If the commissioner
 determines that more time is needed, the notification  shall  include  a
 good  faith  estimate  of  the  amount  of  additional time needed. Such
 notification shall be  made  within  fifteen  business  days  after  the
 commissioner  receives  the  prospective  employee's  fingerprints.  All
 determinations to grant or deny  conditional  clearance  for  employment
 pursuant  to this paragraph shall be performed in accordance with subdi-
 vision sixteen of section two hundred ninety-six of  the  executive  law
 and article twenty-three-A of the correction law.
   §  115. Subdivision 3 of section 3035 of the education law, as amended
 by section 8 of chapter 630 of the laws of 2006, is amended to  read  as
 follows:
   3.  After  receipt  of  a criminal history record from the division of
 criminal justice services and the federal bureau  of  investigation  the
 commissioner  shall  promptly  notify  the  appropriate school district,
 charter school, [board of cooperative educational services] NY POLYTECH-
 NICAL INSITUTE, or nonpublic or private elementary or  secondary  school
 whether the prospective employee to which such report relates is cleared
 for  employment  based  upon  his  or her criminal history. All determi-
 nations to grant or deny  clearance  for  employment  pursuant  to  this
 subdivision shall be performed in accordance with subdivision sixteen of
 section  two hundred ninety-six of the executive law and article twenty-
 three-A of the correction law.  When the commissioner denies a  prospec-
 tive  employee clearance for employment, such prospective employee shall
 be afforded notice and the right to be heard and offer  proof  in  oppo-
 sition  to  such determination in accordance with the regulations of the
 commissioner.
   § 116. Section 3038 of the education law, as added by chapter  323  of
 the laws of 2018, is amended to read as follows:
   §  3038. DESIGNATED PERSON TO PROVIDE CERTAIN INFORMATION ON SERVICES.
 The superintendent of each school district,  in  consultation  with  the
 district superintendent of a [board of cooperative educational services]
 A. 9760                            110
 
 NY POLYTECHNICAL INSTITUTE, where applicable, shall designate an employ-
 ee  who  is  a member of the school district staff or an employee of the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 staff  to provide information to any student, parent, or staff regarding
 where and how to find available substance use  related  services.  Where
 possible,  such  designated  individual shall be a school social worker,
 school guidance counselor, or any other health practitioner or counselor
 employed by the school. Any information provided by a student, parent or
 teacher to such designated individual shall be confidential,  shall  not
 be  used in any school disciplinary proceeding and shall, in addition to
 any other applicable privilege, be considered confidential in  the  same
 manner  as  information  provided pursuant to section forty-five hundred
 eight of the civil practice law and rules. Provided, however, that noth-
 ing in this section shall relieve  such  designated  individual  of  any
 legal  duty  to otherwise report such information. Such designated indi-
 vidual or individuals shall undergo any necessary  training  as  may  be
 required by the commissioner.
   § 117. Section 3109 of the education law, as amended by chapter 463 of
 the laws of 1983, is amended to read as follows:
   § 3109. Reduction  of  salaries for purchase of annuities.  Each board
 of education, trustee or trustees  in  any  school  district,  and  each
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 or county vocational education and extension board, in  its  discretion,
 may  enter  into  a  written  agreement with any employee of such school
 district, INSTITUTE or board to reduce the annual  salary  as  otherwise
 payable by law of such employee for the purpose of purchasing an annuity
 or investing in a custodial account as permitted under section 403(b) of
 the  United States Internal Revenue Code, as amended, for such employee.
 Any such agreement may be terminated at any time upon written notice  by
 either  such employee or such school district, INSTITUTE or board. Noth-
 ing contained in this section shall be construed to diminish  or  impair
 any  benefits to which such employee or his OR HER legal representatives
 or beneficiaries would be otherwise entitled had such  salary  reduction
 agreement  not  been  entered  into in accordance with the provisions of
 this section.
   § 118. Subdivisions 1, 6-a and paragraphs a and e of subdivision 7  of
 section  3202  of the education law, subdivision 1 as amended by section
 47 of part PP of chapter 56 of the laws  of  2022,  subdivision  6-a  as
 amended  by section 2 of part J of chapter 56 of the laws of 2015, para-
 graph a of subdivision 7 as amended by chapter 564 of the laws of  2001,
 and  paragraph e of subdivision 7 as added by chapter 683 of the laws of
 1986, are amended to read as follows:
   1. A person over five and under twenty-one years of age  who  has  not
 received  a high school diploma is entitled to attend the public schools
 maintained in the district in which  such  person  resides  without  the
 payment  of  tuition.  Provided further that such person may continue to
 attend the public school in such district in the same manner, if  tempo-
 rarily  residing  outside the boundaries of the district when relocation
 to such temporary residence is a consequence of such person's parent  or
 person  in  parental  relationship being called to active military duty,
 other than training. Notwithstanding any other provision of law  to  the
 contrary, the school district shall not be required to provide transpor-
 tation  between  a  temporary  residence  located  outside of the school
 district and the school the child attends. A  veteran  of  any  age  who
 shall  have  served as a member of the armed forces of the United States
 and who (a) shall have been discharged therefrom under conditions  other
 A. 9760                            111
 
 than  dishonorable,  or  (b)  has  a qualifying condition, as defined in
 section one of the veterans' services law, and has received a  discharge
 other  than  bad  conduct or dishonorable from such service, or (c) is a
 discharged  LGBT  veteran,  as  defined  in section one of the veterans'
 services law, and has received a discharge other  than  bad  conduct  or
 dishonorable  from such service, may attend any of the public schools of
 the state upon conditions prescribed by the board of education, and such
 veterans shall be included in the pupil count for state aid purposes.  A
 nonveteran  under twenty-one years of age who has received a high school
 diploma shall be permitted to attend  classes  in  the  schools  of  the
 district  in  which  such  person  resides or in a school of a [board of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTE   upon
 payment  of  tuition  under such terms and conditions as shall be estab-
 lished in regulations promulgated by the commissioner; provided,  howev-
 er,  that  a  school  district may waive the payment of tuition for such
 nonveteran, but in any case such a nonveteran who has  received  a  high
 school  diploma shall not be counted for any state aid purposes. Nothing
 herein contained shall, however, require a board of education to admit a
 child who becomes five years of age after the school year has  commenced
 unless his or her birthday occurs on or before the first of December.
   6-a.  Notwithstanding subdivision six of this section or any other law
 to the contrary, the commissioner of the office of children  and  family
 services  shall  be responsible for the secular education of youth under
 the jurisdiction of the office and may contract for such education  with
 the  trustees  or  board  of  education of the school district wherein a
 facility for the residential care of such youth is located or  with  the
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 at which any such school district is a component  district  for  special
 education  programs, related services and career and technical education
 services and music, art and foreign language programs in accordance with
 subparagraph eight of paragraph (h) of subdivision four of section nine-
 teen hundred fifty of this chapter. A youth  attending  a  local  public
 school while in residence at such facility shall be deemed a resident of
 the  school  district  where  his  parent  or  guardian  resides  at the
 commencement of each school year for the purpose  of  determining  which
 school district shall be responsible for the youth's tuition pursuant to
 section five hundred four of the executive law.
   a.  A person under twenty-one years of age who has not received a high
 school diploma and who is incarcerated in a correctional facility  main-
 tained  by  a county or by the city of New York or in a youth shelter is
 eligible for educational services pursuant to this  subdivision  and  in
 accordance with the regulations of the commissioner. Such services shall
 be  provided by the school district in which the facility or youth shel-
 ter is located, within the limits of the funds allocated by the  commis-
 sioner  for  such purposes pursuant to section thirty-six hundred two of
 this chapter and pursuant  to  a  plan  approved  by  the  commissioner.
 School districts shall submit such plan by July fifteenth of each school
 year.  Boards  of education are authorized to contract for the provision
 of such educational services by  a  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  or  by  another  public  school
 district.
   e. The state commission of correction shall promulgate rules and regu-
 lations in consultation with the commissioner which shall  require  each
 correctional  facility  operated  by a county or the city of New York to
 cooperate with the school district or [board of cooperative  educational
 A. 9760                            112

 services]  NY POLYTECHNICAL INSTITUTE providing educational services and
 to comply with the requirements of this subdivision.
   § 119. Paragraph 2 of subdivision 2-a of section 3204 of the education
 law,  as added by chapter 827 of the laws of 1982, is amended to read as
 follows:
   2. The board of education of each school district receiving such funds
 shall provide a program of bilingual education or English  as  a  second
 language  for  eligible pupils and may contract with a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE or another school
 district to provide such program, provided that in a city having a popu-
 lation of one million or more, the community school boards shall provide
 such program in the schools within their jurisdiction.
   § 120. Subdivision 4-a of section 3208 of the education law, as  added
 by chapter 352 of the laws of 2005, is amended to read as follows:
   4-a.  Officers  or employees of the state, a school district, a [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE, a char-
 ter school, an approved private school for  the  education  of  students
 with  disabilities approved pursuant to paragraph e, f, g or h of subdi-
 vision two of  section  forty-four  hundred  one  of  this  chapter,  an
 approved  provider  of  preschool special education approved pursuant to
 section forty-four hundred ten of  this  chapter  or  a  state-supported
 school  operating  pursuant to article forty-five of this chapter, shall
 be prohibited from requiring a child who is entitled  to  attend  school
 pursuant  to  subdivision  one of section thirty-two hundred two of this
 part to obtain a prescription for a substance  covered  by  the  federal
 controlled substances act, section eight hundred one of title twenty-one
 of  the United States code, et seq., as a condition of attending school,
 receiving an evaluation or reevaluation pursuant to article  eighty-nine
 of  this chapter or any other provision of law relating to students with
 disabilities or receiving special education programs or services.
   § 121. Paragraphs a and b of subdivision 4  of  section  3209  of  the
 education  law,  as  amended by section 1 of part C of chapter 56 of the
 laws of 2017, are amended to read as follows:
   a. A social services district shall provide for the transportation  of
 each  homeless  child,  including  those  in preschool and students with
 disabilities identified pursuant to sections forty-four hundred one  and
 forty-four  hundred  two  of this chapter whose individualized education
 programs include special transportation services, who  is  eligible  for
 benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
 services law, to and from a temporary  housing  location  in  which  the
 child was placed by the social services district and the school attended
 by such child pursuant to this section, if such temporary housing facil-
 ity  is  located  outside  of the designated school district pursuant to
 paragraph a of subdivision  two  of  this  section.  A  social  services
 district  shall be authorized to contract with a board of education or a
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  the  provision  of  such  transportation. Where the social services
 district requests that the  designated  school  district  of  attendance
 provide  or arrange for transportation for a homeless child eligible for
 transportation  pursuant  to  this  paragraph,  the  designated   school
 district  of  attendance shall provide or arrange for the transportation
 and the social services district shall fully and promptly reimburse  the
 designated  school  district of attendance for the cost as determined by
 the designated school district. This paragraph shall apply to placements
 made by a social services district without regard to whether  a  payment
 A. 9760                            113
 
 is made by the district to the operator of the temporary housing facili-
 ty.
   b.  The designated school district of attendance shall provide for the
 transportation of each homeless child who is  living  in  a  residential
 program  for  runaway and homeless youth established pursuant to article
 nineteen-H of the executive law, to and from such  residential  program,
 and  the school attended by such child pursuant to this section, if such
 temporary housing location is  located  outside  the  designated  school
 district.  The  designated district of attendance shall be authorized to
 contract with a [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE or a residential program for runaway and homeless  youth
 for the provision of such transportation. The department shall reimburse
 the  designated school district of attendance for the cost of transport-
 ing such child to and  from  the  residential  program  and  the  school
 attended  by  such  child  to  the  extent  funds  are provided for such
 purpose, as determined by the director of the budget.
   § 122. Subdivision 1 of  section  3215-a  of  the  education  law,  as
 amended  by  chapter  197  of  the  laws  of 1992, is amended to read as
 follows:
   1. Certificating officials.  Employment certificates or permits  shall
 be  issued  by the chancellor in the city school district of the city of
 New  York,  and  by  the  superintendent  of  schools  in  other  school
 districts,  provided  that  the  district  superintendent of schools may
 issue such certificates or permits for students attending classes  oper-
 ated  by  a [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE, and the principal of a nonpublic secondary school  may  issue
 such  certificates  or  permits  for students attending such school. The
 chancellor in New York city, or elsewhere the superintendent of  schools
 or district superintendent of schools may designate in writing the prin-
 cipal  of  the public school the minor attends or last attended or other
 public school official to act as certificating official  in  his  stead.
 During  the  months  of  July and August, and at other times in extraor-
 dinary circumstances and emergencies, one or more  public  school  offi-
 cials  shall be designated in writing by the chancellor in New York city
 and elsewhere by the superintendent or district superintendent to act as
 certificating officials. The designation or authorization of certificat-
 ing officials in public schools shall be subject to such limitations  or
 standards  as  may  be prescribed by the chancellor in New York city and
 elsewhere by the superintendent or district superintendent.
   § 123. Section 3242 of the education law, as amended by section  3  of
 part A of chapter 57 of the laws of 2013, is amended to read as follows:
   § 3242. School  census  in  school districts. The trustees or board of
 education of every school district may cause a census to be taken of all
 children between birth and eighteen years of  age,  including  all  such
 facts  and  information  as  are  required in the census provided for in
 section thirty-two hundred forty-one of this part. Such census shall  be
 prepared  biennially for children between ages five and eighteen who are
 entitled to attend the public schools  without  payment  of  tuition  in
 duplicate  in  their  respective  school districts, and one copy thereof
 filed with the teacher or principal and the other copy  filed  with  the
 district superintendent or superintendent on or before the fifteenth day
 of  October.  For  pre-school  students from birth to five years of age,
 such census may be prepared  and  filed  biennially  on  or  before  the
 fifteenth  day  of  October.  Such  census shall include the reports and
 information required from  cities  as  provided  in  section  thirty-two
 hundred forty-one of this part. All information regarding a student with
 A. 9760                            114
 
 a  disability  under the age of twenty-one years shall be filed annually
 with  the  superintendent  of  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  of which said district may be a
 part.
   § 124. Subdivision 1 of section 3305 of the education law, as added by
 section  1  of  part A of chapter 328 of the laws of 2014, is amended to
 read as follows:
   1. When the student transfers before or during the  school  year,  the
 receiving state school shall initially honor placement of the student in
 educational  courses  based  on  the student's enrollment in the sending
 state school and/or educational assessments conducted at the  school  in
 the  sending  state if the courses are offered and there is space avail-
 able as determined by the local  educational  agency.  Course  placement
 includes  but  is  not  limited  to honors, international baccalaureate,
 advanced placement, vocational, technical and career  pathways  courses.
 Where  the  local  educational agency contracts with a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE to  deliver  such
 courses,  the  local  educational  agency  and the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall arrange to enroll
 the  student  in  the  applicable  [board  of  cooperative   educational
 services] NY POLYTECHNICAL INSTITUTE program where there is space avail-
 able. Continuing the student's academic program from the previous school
 and  promoting  placement in academically and career challenging courses
 should be paramount when considering placement. This does  not  preclude
 the school in the receiving state from performing subsequent evaluations
 to  ensure appropriate placement and continued enrollment of the student
 in the courses.
   § 125. Subdivision 1 of section 3308 of the education law, as  amended
 by section 5 of part PP of chapter 56 of the laws of 2022, is amended to
 read as follows:
   1. Each member state shall, through the creation of a state council or
 use of an existing body or board, provide for the coordination among its
 agencies  of government, local educational agencies and military instal-
 lations concerning the state's participation in,  and  compliance  with,
 this  compact  and  interstate  commission  activities. In New York, the
 state council shall include the commissioner or his or her designee, the
 commissioner of the New York state department of veterans'  services  or
 his  or  her  designee, the adjutant general of the state of New York or
 his or her designee, a superintendent of a school district with  a  high
 concentration  of  military  children  appointed  by the commissioner, a
 district superintendent of schools of a  [board  of  cooperative  educa-
 tional  services] NY POLYTECHNICAL INSTITUTE serving an area with a high
 concentration of military children  appointed  by  the  commissioner,  a
 representative from a military installation appointed by the governor, a
 representative  of military families appointed by the governor, a public
 member appointed by the governor and one representative  each  appointed
 by  the  speaker  of the assembly, the temporary president of the senate
 and the governor.
   § 126. Section 3601 of the education law, as amended by section 4-a of
 part CCC of chapter 59 of the laws  of  2018,  is  amended  to  read  as
 follows:
   §  3601.  When apportioned and how applied. The amount annually appro-
 priated by the legislature for general support for public  schools,  net
 of  disallowances,  refunds, reimbursements and credits, shall be appor-
 tioned by the commissioner each year prior to the dates of  the  respec-
 tive  final payments provided by law and all moneys so apportioned shall
 A. 9760                            115
 
 be applied exclusively to school purposes authorized by  law.    General
 state  aid  claims,  on  forms  prescribed by the commissioner, shall be
 submitted to the commissioner by September second of each  school  year,
 except  that  the  audit report required by subdivision three of section
 twenty-one hundred sixteen-a of this chapter shall be submitted  to  the
 commissioner by October fifteenth following the close of the school year
 audited  for  all  districts other than the city school districts of the
 cities of Buffalo, Rochester, Syracuse, Yonkers  and  New  York  and  by
 January  first  following  the close of the school year audited for such
 city school districts. No aid shall be paid  to  a  school  district  or
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 prior to the submission of  claims  as  required  by  the  commissioner,
 except  that  no  aid  certified  as payable to a school district by the
 commissioner of taxation and finance pursuant to paragraph (c) of subdi-
 vision three of section thirteen hundred six-a of the real property  tax
 law  shall  be  withheld  due  to  the failure of the school district to
 submit general state aid claims required  by  the  commissioner,  except
 that  no  aids shall be withheld due to the failure of a school district
 to submit the audit report required  by  subdivision  three  of  section
 twenty-one  hundred  sixteen-a  of  this chapter until the thirtieth day
 following the due date specified in this section for  such  report,  and
 except that apportionment for general support of public schools from the
 funds apportioned to a school district for the current year in excess of
 the amount apportioned to such school district in the base year shall be
 withheld  until  issuance of a determination of compliance in writing of
 such school district's statement of  total  funding  allocation  by  the
 commissioner and the director of the budget as required by section thir-
 ty-six  hundred  fourteen  of  this  part,  whenever  such  shall occur,
 provided that for purposes of this section, "current  year"  shall  mean
 the current year as defined in paragraph a of subdivision one of section
 thirty-six  hundred two of this part and "base year" shall mean the base
 year as defined in paragraph b of subdivision one of section  thirty-six
 hundred two of this part.
   § 127. Section 3601 of the education law, as amended by section 4-a of
 part  A-1  of  chapter  58 of the laws of 2006 and as further amended by
 subdivision (d) of section 1 of part W of chapter  56  of  the  laws  of
 2010, is amended to read as follows:
   §  3601.  When apportioned and how applied. The amount annually appro-
 priated by the legislature for general support for public  schools,  net
 of  disallowances,  refunds, reimbursements and credits, shall be appor-
 tioned by the commissioner each year prior to the dates of  the  respec-
 tive  final payments provided by law and all moneys so apportioned shall
 be applied exclusively to school purposes authorized by  law.    General
 state  aid  claims,  on  forms  prescribed by the commissioner, shall be
 submitted to the commissioner by September second of each  school  year,
 except  that  the  audit report required by subdivision three of section
 twenty-one hundred sixteen-a of this chapter shall be submitted  to  the
 commissioner by October fifteenth following the close of the school year
 audited  for  all  districts other than the city school districts of the
 cities of Buffalo, Rochester, Syracuse, Yonkers  and  New  York  and  by
 January  first  following  the close of the school year audited for such
 city school districts. No aid shall be paid  to  a  school  district  or
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 prior to the submission of  claims  as  required  by  the  commissioner,
 except  that  no  aid  certified  as payable to a school district by the
 commissioner of taxation and finance pursuant to paragraph (c) of subdi-
 A. 9760                            116
 
 vision three of section thirteen hundred six-a of the real property  tax
 law  shall  be  withheld  due  to  the failure of the school district to
 submit general state aid claims required by the commissioner, and except
 that  no  aids shall be withheld due to the failure of a school district
 to submit the audit report required  by  subdivision  three  of  section
 twenty-one  hundred  sixteen-a  of  this chapter until the thirtieth day
 following the due date specified in this section for such report.
   § 128. The opening paragraph of section 3602 of the education law,  as
 amended  by  section  11 of part B of chapter 57 of the laws of 2007, is
 amended to read as follows:
   Notwithstanding any other provisions of  this  chapter  or  any  other
 provisions  of law, each school district of the state employing eight or
 more teachers shall receive its apportionment of  public  money  payable
 during  the  school year commencing July first, nineteen hundred ninety-
 three and during subsequent school years pursuant to the  provisions  of
 this  section  and  in  lieu of any apportionments or payments otherwise
 payable under any other section of this chapter except any  such  appor-
 tionments  or  payments  that may be payable to such district for school
 lunches, for textbooks, school library materials, computer  hardware  or
 computer  software,  for  services  or  programs provided by a [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE  or  by  a
 county  vocational  education and extension board for such district, for
 the education of Indian children of a reservation under a contract  with
 the  state,  by virtue of chapter six hundred thirty-five of the laws of
 nineteen hundred sixty-one, for school tax relief  aid,  or  for  exper-
 imental  or special programs in selected school districts, including but
 not limited to special  apportionments  and  grants-in-aid  pursuant  to
 section thirty-six hundred forty-one of this article.
   §  129.  Subparagraph 1 of paragraph d, subparagraph 1 of paragraph i,
 subparagraph 4 of paragraph n, subparagraph 7 of paragraph t, and  para-
 graphs  dd and ff of subdivision 1 of section 3602 of the education law,
 subparagraph 1 of paragraph  d,  subparagraph  1  of  paragraph  i,  and
 subparagraph  4  of  paragraph  n  as amended by section 11 of part B of
 chapter 57 of the laws of 2007, subparagraph 7 of paragraph t as amended
 by section 2 of part D of chapter 25 of the laws of 2009,  paragraph  dd
 as amended by section 5 of part A of chapter 57 of the laws of 2012, and
 paragraph  ff as added by section 25 of part A of chapter 58 of the laws
 of 2011, are amended to read as follows:
   (1) Equivalent attendance shall mean the quotient of the total  number
 of  student  hours  of  instruction  in programs in a public school of a
 school district or a [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE  leading  to  a  high  school diploma or a high
 school equivalency diploma as defined in regulations of the commissioner
 for pupils under the age of twenty-one  not  on  a  regular  day  school
 register of the district, divided by one thousand. Average daily attend-
 ance shall include the equivalent attendance of the school district. For
 the  purposes  of secondary school weighting, such equivalent attendance
 shall be considered as average daily attendance in grades seven  through
 twelve.
   (1) "Pupils with disabilities" shall mean pupils of school age who are
 identified as students with disabilities pursuant to article eighty-nine
 of  this chapter and the regulations of the commissioner and who receive
 special education services or attend special  education  programs  which
 meet  criteria  established  by  the  commissioner, operated by a school
 district eligible for total foundation aid pursuant to this  section  or
 by a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 A. 9760                            117
 
 TUTE,  whether or not the school district is a component of such [board]
 INSTITUTE.
   (4)  "Resident  public school district enrollment" shall be the public
 school district enrollment less the public school district enrollment of
 nonresident pupils attending public schools in the  district,  plus  the
 public school district enrollment of pupils resident in the district but
 attending  public  schools  in another district or state plus the public
 school district enrollment  of  pupils  resident  in  the  district  but
 attending  full-time a school operated by a [board of cooperative educa-
 tional services] NY  POLYTECHNICAL  INSTITUTE  or  a  county  vocational
 education  and  extension  board. Indian pupils who are residents of any
 portion of a reservation located wholly or partly within the borders  of
 the  state pursuant to subdivision four of section forty-one hundred one
 of this chapter and are attending public school, or pupils living on the
 United States  military  reservation  at  West  Point  attending  public
 school,  shall be deemed to be resident pupils of the district providing
 such school, for purposes of this paragraph. Where a school district has
 entered into a contract with the state university pursuant  to  subdivi-
 sion two of section three hundred fifty-five of this chapter under which
 the  school  district  makes  payments  in the nature of tuition for the
 education of certain children residing in the  district,  such  children
 for  whom  such tuition payments are made shall be deemed to be resident
 pupils of such district for the purposes of this paragraph.  No  student
 shall  be  counted more than once, except that, in determining the resi-
 dent public school district enrollment of a component school district of
 a central high school  district  the  resident  public  school  district
 enrollment of high school pupils residing in such component district and
 attending  the central high school shall be included, and in determining
 the resident public school district enrollment of a central high  school
 district  the  resident  public school district enrollment of elementary
 school pupils residing in such central high school district and  attend-
 ing  a  component  district of the central high school district shall be
 included.
   (7) any payments made to [boards of cooperative educational  services]
 NY POLYTECHNICAL INSTITUTES for purposes or programs for which an appor-
 tionment is paid pursuant to other sections of this chapter, except that
 payments  attributable to eligible pupils with disabilities and ineligi-
 ble pupils residing in noncomponent districts shall be included in oper-
 ating expense;
   dd. "Allowable growth amount" shall mean the product of  the  positive
 difference  of the personal income growth index minus one, multiplied by
 the statewide total of the sum of (1) the apportionments, including  the
 gap elimination adjustment, due and owing during the base year, commenc-
 ing  with  the base year computed for the two thousand twelve--two thou-
 sand thirteen school year, to school districts and  [boards  of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTES from the general
 support  for public schools as computed based on an electronic data file
 used to produce the school aid computer listing produced by the  commis-
 sioner  in  support of the enacted budget for the base year plus (2) the
 competitive awards amount for the base year.
   ff. "Preliminary growth amount" shall mean the difference between  the
 statewide  total,  excluding  the  apportionments  computed  pursuant to
 subdivisions four and seventeen of section thirty-six hundred two of the
 education law, of the apportionments due and owing  during  the  current
 school year, commencing with the two thousand twelve--two thousand thir-
 teen  school year, to school districts and [boards of cooperative educa-
 A. 9760                            118

 tional services] NY POLYTECHNICAL INSTITUTES from  the  general  support
 for  public schools as computed based on an electronic data file used to
 produce the school aid computer listing produced by the commissioner  in
 support  of  the enacted budget for the current year, less the statewide
 total of such  apportionments,  excluding  the  apportionments  computed
 pursuant  to subdivisions four and seventeen of THIS section [thirty-six
 hundred two of the education law], due and owing during the base  school
 year   to  school  districts  and  [boards  of  cooperative  educational
 services] NY POLYTECHNICAL  INSTITUTES  from  the  general  support  for
 public  schools  as  computed  based  on an electronic data file used to
 produce the school aid computer listing produced by the commissioner  in
 support of the enacted budget for the current year.
   §  130.  Subparagraph 4 of paragraph a, subparagraph 1 of paragraph f,
 and subparagraph 1 of paragraph h of subdivision 2 of  section  3602  of
 the education law, subparagraph 4 of paragraph a as amended and subpara-
 graph 1 of paragraph h as added by section 13 of part B of chapter 57 of
 the laws of 2007, subparagraph 1 of paragraph f as amended by section 12
 of  part  B  of  chapter  57 of the laws of 2008, are amended to read as
 follows:
   (4) Resident weighted average daily attendance for purposes of  deter-
 mining  the  aid ratio of a school district for any school year shall be
 the weighted average daily attendance for the  school  year  immediately
 preceding  the  base year, less the weighted average daily attendance of
 nonresident pupils attending public schools in  the  district  for  such
 school  year, plus the weighted average daily attendance of pupils resi-
 dent in the district but attending public schools in another district or
 state plus the weighted average daily attendance of pupils  resident  in
 the  district  but  attending full-time a school operated by a [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE or a county
 vocational education and extension  board  for  such  school  year.  The
 attendance of nonresident pupils attending public school in the district
 and resident pupils attending such schools outside of the district shall
 be determined by applying to the number of such pupils registered during
 the  school  year in each case the ratio of aggregate days attendance to
 the possible aggregate days attendance of all pupils  in  attendance  in
 the district. Indian pupils of a reservation attending public school, or
 pupils  living  on  the United States military reservation at West Point
 attending public school, shall be deemed to be resident  pupils  of  the
 district  providing such school, for purposes of this paragraph. Where a
 school district has entered into a contract with  the  state  university
 pursuant  to subdivision two of section three hundred fifty-five of this
 chapter under which the school district makes payments in the nature  of
 tuition  for the education of certain children residing in the district,
 such children for whom such tuition payments are made shall be deemed to
 be resident pupils of such district for the purposes of this paragraph.
   (1) Total wealth pupil units will be computed using the adjusted aver-
 age daily attendance for the year prior to the base year as computed  in
 this  section,  plus  the attendance of resident pupils attending public
 school elsewhere, less the attendance of  nonresident  pupils  plus  the
 attendance  of  resident pupils attending full-time in [board of cooper-
 ative educational services] A NY POLYTECHNICAL INSTITUTE (not  otherwise
 specifically  included),  plus  the  additional  aidable  pupil units as
 computed pursuant to paragraphs c and d of this  subdivision,  excluding
 summer  school  pupils,  plus  the  year prior to the base year resident
 weighted pupils with disabilities. The attendance of nonresident  pupils
 attending  public  school  in the district and resident pupils attending
 A. 9760                            119
 
 such schools outside of the district shall be determined by applying  to
 the number of such pupils registered during the school year in each case
 the  ratio  of  aggregate days attendance to the possible aggregate days
 attendance  of all pupils in attendance in the district. Native American
 pupils of a reservation attending public school, or pupils living on the
 United States  military  reservation  at  West  Point  attending  public
 school,  shall be deemed to be resident pupils of the district providing
 such school, for purposes of this paragraph. Where a school district has
 entered into a contract with state university  pursuant  to  subdivision
 two  of section three hundred fifty-five of this chapter under which the
 school district makes payment in the nature of tuition for the education
 of certain children residing in the district,  such  children  for  whom
 such  tuition payments are made shall be deemed to be resident pupils of
 such district for the purposes of this paragraph.
   (1) Total wealth foundation pupil units shall  mean  the  sum  of  (i)
 average daily membership for the year prior to the base year as computed
 in  this section, plus (ii) the full-time equivalent enrollment of resi-
 dent pupils attending public school elsewhere, less the full-time equiv-
 alent enrollment of nonresident pupils, plus (iii) the full-time  equiv-
 alent  enrollment  of  resident  pupils attending full-time in [board of
 cooperative educational services]  A  NY  POLYTECHNICAL  INSTITUTE  (not
 otherwise  specifically included).  Native American pupils of a reserva-
 tion attending public school, or pupils  living  on  the  United  States
 military  reservation  at  West  Point attending public school, shall be
 deemed to be resident pupils of the district providing such school,  for
 purposes  of  this paragraph. Where a school district has entered into a
 contract with state university pursuant to subdivision  two  of  section
 three hundred fifty-five of this chapter under which the school district
 makes  payment  in  the  nature  of tuition for the education of certain
 children residing in the district, such children for whom  such  tuition
 payments are made shall be deemed to be resident pupils of such district
 for the purposes of this paragraph.
   §  131.  Paragraph f of subdivision 3 of section 3602 of the education
 law, as added by section 13 of part B of chapter 57 of the laws of 2007,
 is amended to read as follows:
   f. The [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE  aid  ratio shall equal the greater of: (1) an amount equal to
 one minus the quotient expressed as a decimal to  three  places  without
 rounding  of  eight  mills divided by the tax rate of the local district
 computed upon the actual valuation of taxable  property,  as  determined
 pursuant  to  subdivision one of this section, expressed in mills to the
 nearest tenth as determined by the commissioner, provided, however, that
 where services are provided to a school district which is included with-
 in a central high school district or to a central high school  district,
 such amount shall equal one minus the quotient expressed as a decimal to
 three  places  without rounding of three mills divided by the tax rates,
 expressed in mills to the nearest tenth, of such  districts,  as  deter-
 mined  by the commissioner or (2) an amount computed by subtracting from
 one the product obtained by multiplying the  resident  weighted  average
 daily attendance wealth ratio by fifty-one percent. Such aid ratio shall
 be  expressed  as a decimal carried to three places without rounding but
 shall not be less than thirty-six percent and shall not be greater  than
 ninety percent.
   §  132.  Subdivision 10, paragraphs a, d, and f of subdivision 11, and
 the opening paragraph and clause (A) of subparagraph (viii) of paragraph
 b of subdivision 17 of section 3602 of the education  law,  subdivisions
 A. 9760                            120
 
 10  and  11 as added by chapter 57 of the laws of 1993 and as renumbered
 by section 16 of part B of chapter 57 of the laws of 2007, the  subdivi-
 sion  heading  and  paragraphs  a  and c of subdivision 10 as amended by
 section  32  of part H of chapter 83 of the laws of 2002, paragraph b of
 subdivision 10 as amended by section 16 of part B of chapter 57  of  the
 laws  of  2007,  paragraph d of subdivision 10 as added by section 17 of
 part B of chapter 57 of the laws of 2008, paragraph e of subdivision  10
 as  added by chapter 357 of the laws of 2018, paragraph a of subdivision
 11 as amended by chapter 82 of the laws of 1995, paragraph d of subdivi-
 sion 11 as amended by chapter 474 of the laws of 1996,  paragraph  f  of
 subdivision  11  as  amended by chapter 378 of the laws of 2010, and the
 opening paragraph and clause (A) of subparagraph (viii) of paragraph  b,
 subdivision  17  as  added  by section 37 of part A of chapter 58 of the
 laws of 2011, are amended to read as follows:
   10. Special services aid for large city  school  districts  and  other
 school  districts  which  were not components of a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE in the  base  year.  a.
 The  city  school districts of those cities having populations in excess
 of one hundred twenty-five thousand and any other school district  which
 was  not a component of a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE in the base year shall be entitled to an  appor-
 tionment under the provisions of this section.
   b.  Aid  for career education. There shall be apportioned to such city
 school districts and other school districts which were not components of
 a [board of cooperative educational services] NY POLYTECHNICAL INSTITUTE
 in the base year for pupils in grades ten through twelve  in  attendance
 in career education programs as such programs are defined by the commis-
 sioner,  subject  for  the purposes of this paragraph to the approval of
 the director of the budget, an amount for each such pupil to be computed
 by multiplying the career education aid ratio  by  three  thousand  nine
 hundred  dollars. Such aid will be payable for weighted pupils attending
 career education programs  operated  by  the  school  district  and  for
 weighted  pupils for whom such school district contracts with [boards of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES to  attend
 career  education  programs  operated  by a [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE.  Weighted  pupils  for  the
 purposes  of  this  paragraph  shall  mean  the sum of the attendance of
 students in grades ten through twelve in career education  sequences  in
 trade,  industrial,  technical, agricultural or health programs plus the
 product of sixteen hundredths multiplied by the attendance  of  students
 in  grades  ten through twelve in career education sequences in business
 and marketing as defined by the commissioner in regulations. The  career
 education  aid ratio shall be computed by subtracting from one the prod-
 uct obtained by multiplying fifty-nine percent by  the  combined  wealth
 ratio.  This  aid ratio shall be expressed as a decimal carried to three
 places without rounding, but not less than thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be required to use such amount to support career education  programs  in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion  reduced  in an amount equal to such deficiency in the current or a
 succeeding school year, provided however that the commissioner may waive
 such reduction upon determination that overall expenditures per pupil in
 support of career education programs were continued at a level equal  to
 A. 9760                            121
 
 or  greater than the level of such overall expenditures per pupil in the
 preceding school year.
   c. Computer administration aid for large city school districts and any
 other  school  district which was not a component of a [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE in the base year.
 The city school districts of those cities having populations  in  excess
 of  one  hundred  twenty-five  thousand inhabitants and any other school
 district which was not a component of a  [board  of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL INSTITUTE in the base year shall be
 eligible for an apportionment in accordance with the provisions of  this
 subdivision.  Such  districts  shall be entitled to an additional appor-
 tionment computed by multiplying the lesser of (1) expenses for approved
 computer services in the base year or (2) the maximum allowable  expense
 equal  to  the  product  of  sixty-two  dollars and thirty cents and the
 enrollment of pupils attending the public schools of  such  district  in
 the  base  year,  by  the  computer  expenses  aid ratio.   The computer
 expenses aid ratio shall be computed by subtracting from one the product
 obtained by multiplying fifty-one per  centum  by  the  combined  wealth
 ratio.  This  aid ratio shall be expressed as a decimal carried to three
 places without rounding, but shall not be less than thirty  per  centum.
 Expenses for approved computer services in the base year up to the maxi-
 mum  allowable  expense  shall  not be used to claim aid pursuant to any
 other provisions of this section.
   d. Aid for academic improvement. There shall be  apportioned  to  such
 city  school  districts and other school districts which were not compo-
 nents of a [board of cooperative educational services] NY  POLYTECHNICAL
 INSTITUTE  in the base year, an amount per pupil for each pupil eligible
 for aid pursuant to paragraph b of this subdivision to  be  computed  by
 multiplying  the  career  education  aid ratio computed pursuant to such
 paragraph b of this subdivision by the sum of (1)  one  hundred  dollars
 plus  (2)  the quotient of one thousand dollars divided by the lesser of
 one or the combined wealth ratio. Aid for academic improvement shall  be
 unrestricted  general  aid available to support any academic programs of
 the school district.
   e. Career education data collection. Beginning  in  the  two  thousand
 seventeen--two  thousand  eighteen  school  year  the commissioner shall
 collect data from school districts receiving aid under this  subdivision
 on  the  number  of students in the base year that are in grade nine and
 enrolled in career  education  courses  in  trade/industrial  education,
 technical  education,  agricultural education, health occupations educa-
 tion, business and marketing  education,  family  and  consumer  science
 education,  and  technology education programs in a manner prescribed by
 the commissioner.
   a. School districts and [boards of  cooperative  educational  services
 (BOCES)]  NY  POLYTECHNICAL INSTITUTES providing approved programs shall
 be eligible for aid in accordance with the provisions of  this  subdivi-
 sion  for  the attendance of persons twenty-one years of age or over who
 have not received a high school diploma or  a  high  school  equivalency
 diploma  recognized  by New York State who attend employment preparation
 education programs provided by such school districts or [BOCES] NY POLY-
 TECHNICAL INSTITUTES, which programs lead to a high  school  diploma  or
 high school equivalency diploma as defined in regulations of the commis-
 sioner,  even  if  such  persons  attend regular day school classes with
 permission of the board of education; provided that  such  programs  are
 provided  in  accordance  with a plan of service approved by the commis-
 sioner in accordance with the provisions of paragraph f of this subdivi-
 A. 9760                            122
 
 sion. Such programs may operate between July first and June thirtieth of
 a school year. Whenever a person enrolls in a program approved  pursuant
 to  this  subdivision offered by a [BOCES] NY POLYTECHNICAL INSTITUTE or
 in a school district other than their district of residence, the program
 provider  shall send a notice of such enrollment to the persons district
 of residence, and shall issue a new notice if such person moves from one
 district to another. In the event that the cost of  a  program  approved
 and  provided  in  accordance  with  the  provisions of this subdivision
 exceeds all sources of funds, other than tax levy  revenues,  which  are
 available  to  defray  such  expenses, the school district or [BOCES] NY
 POLYTECHNICAL INSTITUTE providing such program shall determine an excess
 cost per contact hour provided during the  base  year,  and  then  shall
 determine  the local share of such excess costs for each school district
 whose residents were served by such program  by  multiplying  such  base
 year  hours  by  the  excess cost per contact hour, and such local share
 shall be a charge against each such district, payable within  forty-five
 days.  Notwithstanding  the provisions of section nineteen hundred fifty
 of this chapter, a [BOCES] NY POLYTECHNICAL INSTITUTE shall  be  author-
 ized  to  provide  a  program  pursuant  to this subdivision in the same
 manner as a school district.
   d. Employment preparation education aid ratio. The employment prepara-
 tion education aid ratio for the purposes of this subdivision  shall  be
 determined by subtracting from one the product of the pupil wealth ratio
 and  forty  per centum. The aid ratio shall be expressed as a decimal to
 three places without rounding but shall  not  be  less  than  forty  per
 centum.  In  the  case of a [BOCES] NY POLYTECHNICAL INSTITUTE, such aid
 ratio shall be determined by computing a  pupil  wealth  ratio  for  the
 [BOCES]  NY POLYTECHNICAL INSTITUTE using the aggregate actual valuation
 and total wealth pupil units for all component districts of such [BOCES]
 NY POLYTECHNICAL INSTITUTE, but shall not be less than  the  greater  of
 forty  per centum or the product of eighty-five per centum and the high-
 est such aid ratio determined for a component school  district  of  such
 [BOCES] NY POLYTECHNICAL INSTITUTE.
   f. Approved application. All school districts and [BOCES] NY POLYTECH-
 NICAL INSTITUTES desiring to operate an aidable program pursuant to this
 subdivision shall complete an application, including a budget by program
 component. Such application shall be in a form prescribed by the commis-
 sioner  and  shall  be  submitted  not  later than May fifteenth of each
 school year. Within forty-five days of such deadline,  and  upon  evalu-
 ation  of  such  applications,  the  commissioner  shall  notify  school
 districts and [BOCES] NY POLYTECHNICAL INSTITUTES of those  portions  of
 such  application  that  will  be aidable in the school year ahead after
 making a determination that approval of  such  application  will  assure
 maximum  effectiveness,  geographic availability and lack of duplication
 of such programs, support for educational  initiatives,  and  compliance
 with required program and fiscal reporting requirements. No aid shall be
 payable  pursuant to this subdivision unless the application is approved
 by the commissioner.
   The gap elimination adjustment for the two thousand eleven--two  thou-
 sand  twelve  school  year  shall  be  computed  as follows, based on an
 updated electronic date file containing actual and estimated data relat-
 ing to apportionments due and owing during the current school  year  and
 projections  of  such  apportionments  for  the following school year to
 school districts and [boards of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTES  from  the general support for public schools,
 growth and [boards of cooperative educational services] NY POLYTECHNICAL
 A. 9760                            123
 
 INSTITUTES appropriations produced pursuant to paragraph b  of  subdivi-
 sion  twenty-one of section three hundred five of this chapter on Febru-
 ary fifteenth of the base year. The gap  elimination  adjustment  for  a
 district  shall  equal the lesser of the district's percentage reduction
 and its TGFE check, provided, however, that in the case  of  a  district
 with  a tax effort ratio greater than four percent (0.04) and a combined
 wealth ratio for total foundation aid computed pursuant to  subparagraph
 two  of  paragraph  c  of subdivision three of this section that is less
 than one and five-tenths (1.5), the gap  elimination  adjustment  for  a
 district  shall  equal  the lesser of the percentage reduction, the TGFE
 check and the tax effort reduction, and further  provided  that  in  the
 case  of  a school district, other than a city school district of a city
 having a population in excess of one hundred twenty-five thousand,  with
 (A) an administrative efficiency ratio of less than one and eight-tenths
 percent (0.018) and (B) an administrative expense per pupil of less than
 three hundred forty-eight dollars ($348), the gap elimination adjustment
 shall  be  reduced  by  an amount equal to the administrative efficiency
 restoration, and further provided that, where applicable, the gap elimi-
 nation adjustment shall be reduced by an amount equal to the sum of  the
 needs-based  restoration plus the low wealth-high tax effort restoration
 plus the enrollment adjustment award.
   (A) "total aid for adjustment" shall mean the sum of the  amounts  set
 forth  for each school district as "FOUNDATION AID", "FULL DAY K CONVER-
 SION", [BOCES] "NY POLYTECHNICAL INSTITUTE +  SPECIAL  SERVICES",  "HIGH
 COST  EXCESS  COST",  "PRIVATE  EXCESS  COST",  "HARDWARE & TECHNOLOGY",
 "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL SUMMER",  "OPERATING
 REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT",
 "HIGH  TAX  AID"  AND  "SUPPLEMENTAL  PUB EXCESS COST" under the heading
 "2011-12 ESTIMATED AIDS" in the school aid computer listing produced  by
 the commissioner in support of the executive budget proposal for the two
 thousand eleven--two thousand twelve school year;
   §  133.  Subdivision 20 and paragraph e of subdivision 26-a of section
 3602 of the education law, subdivision 20 as amended by  section  27  of
 part L of chapter 405 of the laws of 1999 and paragraph e of subdivision
 26-a  as  added  by  section  53 of part A of chapter 436 of the laws of
 1997, are amended to read as follows:
   20. Shared services aid for school districts which are not  components
 of a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE  supervisory  district,  including  large  city  school  districts.
 Commencing with aid payable in the nineteen hundred  ninety-eight--nine-
 ty-nine  school  year,  school  districts  which are not components of a
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 supervisory  district,  including  city school districts of those cities
 having populations in excess of one hundred twenty-five thousand  inhab-
 itants  that participate in, or provide, shared services for the purpose
 of instructional support service as authorized by subdivision eight-c of
 section nineteen hundred fifty of this chapter shall be eligible for  an
 additional apportionment in accordance with the provisions of this para-
 graph.  Within  the amount appropriated for such purpose, such districts
 shall be entitled to an  additional  apportionment  for  their  expenses
 incurred  in  the  base year from their participation in or provision of
 such shared services, in an amount equal to the  amount  that  would  be
 payable  for  such expenses if the services were aidable shared services
 under subdivision five of section nineteen hundred fifty of  this  chap-
 ter;  provided that in computing such aid for such city school districts
 the tax rate shall be determined in the manner prescribed  in  [subpara-
 A. 9760                            124

 graph  seven of paragraph a of subdivision thirty-one-a of this section]
 PARAGRAPH E OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  NINE-E  OF
 THIS  PART.  Such apportionment shall be paid in accordance with section
 thirty-six  hundred  nine-a  of  this  [chapter]  PART. In the event the
 appropriation for purposes of this subdivision in any year  is  insuffi-
 cient  to  pay  all  claims  received  pursuant to this subdivision, the
 commissioner shall determine the percentage of the total claims  submit-
 ted  that  is  represented  by  each  district's  claim on file with the
 commissioner at the time of creation of each data file or fiscal  report
 required by subdivision twenty-one of section three hundred five of this
 chapter and shall pay such claims based on such prorated basis among all
 districts  filing  such  claims  until  the  appropriation is exhausted,
 provided that such prorated apportionment computed  and  payable  as  of
 September  one  of the school year immediately following the school year
 for which such aid is claimed shall be deemed final and not  subject  to
 change.  For  aid  payable in the nineteen hundred ninety-eight--ninety-
 nine school year, the aid payable pursuant to this subdivision shall not
 exceed three million, five hundred thousand  dollars  ($3,500,000);  for
 the nineteen hundred ninety-nine--two thousand school year the aid paya-
 ble  pursuant  to  this subdivision shall not exceed ten million dollars
 ($10,000,000); for the two thousand--two thousand one  school  year  the
 aid  payable  pursuant  to  this  subdivision  shall  not exceed fifteen
 million dollars ($15,000,000); and for the two thousand  one--two  thou-
 sand  two  school  year  and thereafter the aid payable pursuant to this
 subdivision shall not exceed twenty-five million dollars ($25,000,000).
   e. Expenses for instructional computer technology equipment and  soft-
 ware  provided  through a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE pursuant to a multi-year contract entered pursu-
 ant to section nineteen hundred fifty of this chapter shall continue  to
 be  aided  under  subdivision  five of section nineteen hundred fifty of
 this chapter for the duration of such contract, and  shall  be  paid  in
 accordance  with applicable provisions of section nineteen hundred fifty
 of this chapter and section thirty-six hundred nine-d of this  [article]
 PART.
   §  134. Subdivision 3 of section 3602-c of the education law, as added
 by chapter 593 of the laws of 1974, is amended to read as follows:
   3. Boards of education, with the consent of the commissioner of educa-
 tion, are authorized to contract with [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES to provide the  services  required
 by  this  act.    Pupils receiving services under the provisions of this
 subdivision shall be deemed public school  pupils  for  the  purpose  of
 determining aid pursuant to section nineteen hundred fifty of the educa-
 tion  law.  Any  such pupil who attends a program offered by a [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE,  and  who
 does  not  attend  classes  in  the  schools  of the district furnishing
 services, shall not be included in computing average daily attendance in
 such district.
   § 135. Subparagraph 1 of paragraph (a) of  subdivision  3  of  section
 3602-d  of  the  education  law,  as added by chapter 792 of the laws of
 1990, is amended to read as follows:
   (1) school districts, local education agencies and/or [boards of coop-
 erative  educational  services]  NY  POLYTECHNICAL  INSTITUTES   serving
 secondary students; and
   § 136. Paragraph a of subdivision 1 of section 3602-e of the education
 law,  as  amended  by  section 19 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
 A. 9760                            125
 
   a. "School district" shall mean all public school  districts  eligible
 for  total  foundation aid pursuant to subdivision four of section three
 thousand six hundred two of this [article] PART,  such  term  shall  not
 include  [boards  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTES.
   § 137. Paragraph b of subdivision 2 of section 3609-b of the education
 law,  as  added by chapter 57 of the laws of 1993, is amended to read as
 follows:
   b. Such moneys shall be payable to the treasurer of each  city  school
 district,  and  the  treasurer of each union free school district and of
 each central school district and of each other school district, if there
 be a treasurer, otherwise to the collector or other  disbursing  officer
 of such district or [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE, who shall apply for and receive the same as soon as
 payable. In the case of city school districts of cities with one hundred
 twenty-five  thousand inhabitants or more, any payment which pursuant to
 this section is required to be made to the treasurer of the city  school
 district, shall be made to the city treasurer or chamberlain.
   §  138.  Section 3609-d of the education law, as amended by section 43
 of part C of chapter 57 of the laws of 2004 and the opening paragraph as
 amended by section 20 and subdivision 1 as amended by section 21 of part
 L of chapter 57 of the laws of 2005, is amended to read as follows:
   § 3609-d. Moneys apportioned for  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE aidable expenditures when and how
 payable commencing July first, two thousand  four.  Notwithstanding  the
 provisions  of section thirty-six hundred nine-a of this article, appor-
 tionments payable pursuant to section nineteen  hundred  fifty  of  this
 chapter  shall  be paid pursuant to this section. For aid payable in the
 two thousand four--two thousand five school year and thereafter, "moneys
 apportioned" shall mean the lesser of (i) one  hundred  percent  of  the
 respective amount set forth for each school district as payable pursuant
 to  this  section  in  the  school  aid computer listing produced by the
 commissioner in support of the budget including  the  appropriation  for
 support of [boards of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES  for  payments due prior to April first for the current year,
 or (ii) the apportionment calculated by the commissioner based  on  data
 on file at the time the payment is processed; provided however, that for
 the purposes of any payment to be made in the month of June of two thou-
 sand  six  such  calculation  shall  be based on the school aid computer
 listing for the current year using updated data  at  the  time  of  each
 payment.  For  districts  subject to chapter five hundred sixty-three of
 the laws of nineteen hundred eighty, SECTION thirty-six  hundred  two-b,
 or  two thousand forty of this chapter, for aid payable in the two thou-
 sand four--two thousand five school year and thereafter, "moneys  appor-
 tioned"  shall  mean  the  apportionment  calculated by the commissioner
 based on data on file at the time the payment is processed. The  "school
 aid  computer  listing  for the current year" shall be as defined in the
 opening paragraph of section thirty-six hundred nine-a of this [article]
 PART.  The definitions "base year" and "current year" as  set  forth  in
 subdivision  one of section thirty-six hundred two of this article shall
 apply to this section.
   1. Prescribed payments. Of the moneys to be apportioned by the commis-
 sioner to school districts during the school year, that portion  payable
 pursuant to section nineteen hundred fifty of this chapter shall be used
 in  the  first instance to make payments on behalf of [boards of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTES to the teachers'
 A. 9760                            126
 
 retirement system in the same manner  as  payments  made  on  behalf  of
 school districts pursuant to subparagraph one of paragraph a of subdivi-
 sion  one  of  section thirty-six hundred nine-a of this [article] PART,
 and  additional  payments shall be paid to [boards of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTES as follows: the greater  of
 any  payments  made  to the teachers' retirement system pursuant to this
 paragraph or twenty-five percent of  the  moneys  apportioned  less  any
 payments  made to the teachers' retirement system pursuant to this para-
 graph on the first state business day of February, to  the  extent  that
 acceptable data has been filed with the commissioner; fifty-five percent
 of  the  moneys  apportioned, less the payment made in February and less
 any payments made to the teachers' retirement system  pursuant  to  this
 paragraph,  on  the first state business day of June; and a final appor-
 tionment equal to the amount calculated based on  data  on  file  as  of
 August  first  next  following  the  close of the current year, provided
 however, that for the September two thousand  six  payment  such  calcu-
 lation shall be based on the computer listing for the current year using
 data  on  file  as  of  August first, less payments made to date, on the
 first state business day of September next following the  close  of  the
 current  year;  provided,  however,  that  any obligation of a [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE to the bond
 trustee of the dormitory authority shall be paid in accordance with  the
 applicable provisions of the public authorities law.
   2.  Such  moneys  shall  be payable to the treasurer of each [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE,  if  there
 be  a  treasurer, otherwise to the collector or other disbursing officer
 of such [board of cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE, who shall apply for and receive the same as soon as payable.
   3.  Notwithstanding  any  inconsistent provisions of this chapter, for
 aid payable in the nineteen hundred ninety-six--ninety-seven school year
 the apportionment calculated pursuant to section nineteen hundred  fifty
 of this chapter shall be reduced by two percent.
   § 139. Subdivision 1 of section 3610 of the education law, as added by
 chapter 498 of the laws of 1987, is amended to read as follows:
   1.  Apprenticeship  training  programs. Local education agencies which
 provide related or supplemental instruction to apprentices registered by
 the state department of labor pursuant to article  twenty-three  of  the
 labor  law  shall  be  eligible  for  an  apportionment  pursuant to the
 provisions of this section for the operation of apprenticeship  training
 programs  as  approved  by  the commissioner. Priority shall be given to
 local education agencies  which  provide  for  an  increased  number  of
 participants  in  the related or supplemental instructional component of
 apprentice training programs. Designated local  education  agencies  may
 provide such programs directly, or by contracting with school districts,
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 and  other  providers of apprentice training services, including postse-
 condary institutions and other providers authorized to confer degrees in
 this state or in which the course of instruction is licensed, registered
 or approved pursuant to any provision of this chapter.
   § 140. Subdivision 9 of section 3621 of the education law, as added by
 chapter 474 of the laws of 1996, is amended to read as follows:
   9. "District share of the cost of  regional  or  joint  transportation
 systems"  shall  mean  the  share  of  the  cost  of such transportation
 prorated among all the school district or districts and [board or boards
 of cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  OR
 INSTITUTES  participating  in  the  regional or joint transportation, as
 A. 9760                            127
 
 determined in accordance with regulations promulgated by the commission-
 er, provided that in no case shall there be any deduction made in deter-
 mining transportation aid on the  basis  of  bus  mileage  travelled  in
 transporting children pursuant to a contract executed in accordance with
 paragraph h of subdivision twenty-five of section seventeen hundred nine
 of  this  chapter and provided that transportation aid for jointly oper-
 ated transportation system shall be determined in the same manner as for
 individual school districts.
   § 141. Subdivision 5 of  section  3622-a  of  the  education  law,  as
 amended  by  chapter  422  of  the  laws  of 2004, is amended to read as
 follows:
   5. Transportation of pupils during the school day to and from programs
 at a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE or to or from approved shared programs at other  school  districts,
 which programs may lead to a diploma or a high school equivalency diplo-
 ma or to or from career education programs operated within the district;
   §  142.  Paragraph b of subdivision 1 of section 3623 of the education
 law, as amended by chapter 474 of the laws of 1996, is amended  to  read
 as follows:
   b.  No bus manufactured after January first, nineteen hundred seventy-
 four shall be used to transport pupils under any contract with a  school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE  unless  it has been similarly approved by the commissioner of
 transportation, except that no such approval shall be required for buses
 used to transport pupils and also used to serve the general public under
 a certificate of public convenience for the operation  of  a  bus  line,
 granted  pursuant  to the transportation law or for buses used to trans-
 port pupils, teachers and other persons acting in a supervisory capacity
 to and from  school  activities  and  which  bus  does  not  receive  or
 discharge passengers on or along the public highways on regularly sched-
 uled  routes  and  is  operating under a permit as a contract carrier of
 passengers granted pursuant to the transportation law or by  the  inter-
 state commerce commission.  School buses manufactured or assembled prior
 to April first, nineteen hundred seventy-seven may not be used to trans-
 port pupils, teachers and other persons acting in a supervisory capacity
 to and from school activities.
   § 143. Paragraph b of subdivision 2 of section 3623-a of the education
 law,  as  amended by chapter 472 of the laws of 1998, is amended to read
 as follows:
   b. The lease, as approved by the commissioner, of a school  bus  by  a
 school  district  from  another  school  district, [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE or a county  vocational
 education  and  extension  board,  or  any school bus leased by a school
 district from any other source under emergency conditions, as determined
 by the commissioner, or any school bus leased by a school district  from
 any other source as otherwise authorized by this chapter;
   § 144. Subparagraph 5 of paragraph b of subdivision 5 and subparagraph
 9 of paragraph a of subdivision 16 of section 3641 of the education law,
 subparagraph  5 of paragraph b of subdivision 5 as added by section 1 of
 part B of chapter 58 of the laws of 2011 and subparagraph 9 of paragraph
 a of subdivision 16 as added by section 2 of part C of chapter 56 of the
 laws of 2014, are amended to read as follows:
   (5) if two or more school districts are  applying  jointly,  and  have
 entered  a  shared services agreement as authorized by law, that signif-
 icant savings would result from such shared services; provided  that  in
 no  event  shall districts that have entered into an aidable cooperative
 A. 9760                            128

 educational services agreement for any such services with  a  [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE pursuant to
 section  nineteen hundred fifty of this chapter be eligible for an award
 pursuant  to  this subdivision for the same purpose, but may be eligible
 for an award pursuant to this subdivision for another shared  long  term
 efficiency  or  cost  saving measure. Provided however, a district which
 has received an award pursuant to the local government efficiency  grant
 program authorized by subdivision ten of section fifty-four of the state
 finance  law, shall not be eligible to receive an award pursuant to this
 subdivision for the same purpose, but  may  be  eligible  for  an  award
 pursuant  to  this  subdivision for another long term efficiency or cost
 savings measure.
   (9) "Selected school aid" shall mean the sum of the amounts set  forth
 as "FOUNDATION AID", "FULL DAY K CONVERSION", ["BOCES] "NY POLYTECHNICAL
 INSTITUTES",  "SPECIAL  SERVICES",  "HIGH  COST  EXCESS  COST", "PRIVATE
 EXCESS COST", "HARDWARE & TECHNOLOGY",  "SOFTWARE,  LIBRARY,  TEXTBOOK",
 "TRANSPORTATION  INCL  SUMMER",  "OPERATING  REORG  INCENTIVE", "CHARTER
 SCHOOL  TRANSITIONAL",  "ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID",  and
 "SUPPLEMENTAL  PUB  EXCESS  COST"  under  the heading "2013-14 BASE YEAR
 AIDS" in the school aid computer listing produced by the commissioner in
 support of the executive budget proposal for the two thousand  fourteen-
 fifteen school year.
   §  145.  Subdivision  1 of section 3811 of the education law, as sepa-
 rately amended by chapters 273 and 698 of the laws of 1986,  is  amended
 to read as follows:
   1. Whenever the trustees or board of education of any school district,
 or  any  school district officers, have been or shall be instructed by a
 resolution adopted at a district meeting to defend  any  action  brought
 against them, or to bring or defend an action or proceeding touching any
 district  property  or claim of the district, or involving its rights or
 interests, or to continue any such action or defense,  all  their  costs
 and  reasonable  expenses,  as  well  as  all costs and damages adjudged
 against them, shall be a district charge and shall be levied by tax upon
 the district.   Whenever any superintendent, principal,  member  of  the
 teaching  or  supervisory staff, member of a committee on special educa-
 tion or subcommittee thereof, surrogate parent as defined in  the  regu-
 lations  of  the  commissioner of education, or any trustee or member of
 the board of education of a school district or non-instructional employ-
 ee of any school district other than  the city school  district  of  the
 city  of  New York or any [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE shall defend any  action  or  proceeding,  other
 than  a  criminal prosecution or an action or proceeding brought against
 him by a school district or [board of cooperative educational  services]
 NY  POLYTECHNICAL  INSTITUTE  hereafter  brought  against him, including
 proceedings before the commissioner of education,  arising  out  of  the
 exercise of his powers or the performance of his duties under this chap-
 ter,  all  his  reasonable  costs and expenses, as well as all costs and
 damages adjudged against him, shall be a district charge  and  shall  be
 levied  by  tax  upon the district or shall constitute an administrative
 charge upon the [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE provided that (a) such superintendent, principal, member
 of the teaching or supervisory staff, member of a committee  on  special
 education  or  subcommittee  thereof, surrogate parent as defined in the
 regulations of the commissioner of education, non-instructional employee
 of any school district or [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE or such trustee or member of a board  of  educa-
 A. 9760                            129
 
 tion  of  such  school  district  or  [board  of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE shall notify the trustees or  board
 of education or [board of cooperative educational services] NY POLYTECH-
 NICAL  INSTITUTE  in  writing  of  the  commencement  of  such action or
 proceedings against him within five days after service of  process  upon
 him; and (b) the trustees or board of education or [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  shall, at any time
 during the ten days next following the notice to them of  the  commence-
 ment  of  such  action  or  proceedings, have the right to designate and
 appoint the legal counsel to represent such  superintendent,  principal,
 member  of  the  teaching or supervisory staff, member of a committee on
 special education or subcommittee thereof, surrogate parent  as  defined
 in  the  regulations of the commissioner of education, non-instructional
 employee of any school district or  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE or such trustee or member of the
 board of education or [board of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE  in  such action or proceedings against him, in
 the absence of which designation and appointment within the time  speci-
 fied  such superintendent, principal, member of the teaching or supervi-
 sory staff, member of a committee on special education  or  subcommittee
 thereof,  surrogate  parent as defined in the regulations of the commis-
 sioner of education, non-instructional employee of any  school  district
 or  [board  of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE or such trustee or member of the board of education  or  [board  of
 cooperative  educational services] NY POLYTECHINCAL INSTITUTE may select
 his own legal counsel; (c) it shall be certified by the court or by  the
 commissioner  of education, as the case may be, that he appeared to have
 acted in good faith with respect to the exercise of his  powers  or  the
 performance of his duties under this chapter.
   §  146. Subdivision 1 of section 3813 of the education law, as amended
 by chapter 387 of the laws of 1992, is amended to read as follows:
   1. No action or special proceeding, for any cause whatever, except  as
 hereinafter  provided,  relating  to  district  property  or property of
 schools provided for in article eighty-five of this chapter  or  chapter
 ten  hundred sixty of the laws of nineteen hundred seventy-four or claim
 against the district or any such school,  or  involving  the  rights  or
 interests  of  any  district  or  any such school shall be prosecuted or
 maintained against any school district, board of  education,  [board  of
 cooperative  educational  services]  NY  POLYTECHNICAL INSTITUTE, school
 provided for in article eighty-five  of  this  chapter  or  chapter  ten
 hundred  sixty of the laws of nineteen hundred seventy-four or any offi-
 cer of a school district, board  of  education,  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE, or school provided for
 in  article  eighty-five of this chapter or chapter ten hundred sixty of
 the laws of nineteen hundred seventy-four unless it shall appear by  and
 as  an  allegation  in  the  complaint or necessary moving papers that a
 written verified claim upon which such action or special  proceeding  is
 founded  was  presented to the governing body of said district or school
 within three months after the accrual of such claim, and that the  offi-
 cer  or  body having the power to adjust or pay said claim has neglected
 or refused to make an adjustment or  payment  thereof  for  thirty  days
 after  such  presentment. In the case of an action or special proceeding
 for monies due arising out of contract, accrual of such claim  shall  be
 deemed  to  have  occurred as of the date payment for the amount claimed
 was denied.
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   § 147. Paragraph b of subdivision 2 of section 4002 of  the  education
 law,  as added by chapter 563 of the laws of 1980, is amended to read as
 follows:
   b.  The  program of the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE serving the area in  which  the  institution  is
 located.  [Boards  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTES are hereby authorized to provide such services  on  the  same
 basis  as  such  services are provided to children residing in component
 districts of such [boards] INSTITUTES.
   § 148. Subdivision 3 of section 4005 of the education law, as  amended
 by chapter 273 of the laws of 1986, is amended to read as follows:
   3.  In the event that it has been determined by a private school oper-
 ated by a child care institution  or  a  special  act  school  district,
 subject to any review or modification provided for in this article, that
 a  child  should  receive educational services in a public school, other
 than a special act school district, or [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE program or if a child resides in  a
 child care institution that does not maintain an approved private school
 program  or special act school district, then any such child residing in
 a child care institution shall be admitted to  the  school  district  in
 which  the  child care institution is located pursuant to regulations of
 the commissioner.  For the purposes of this subdivision  a  special  act
 school  district  shall  not  be considered to be the school district in
 which such institution is located.
   § 149. Paragraph c of subdivision 2 and subdivision 4 of section  4401
 of the education law, paragraph c of subdivision 2 as amended by chapter
 470  of  the laws of 1977 and subdivision 4 as amended by chapter 367 of
 the laws of 1979, are amended to read as follows:
   c. Contracts with or special services or programs provided by  [boards
 of cooperative educational services] NY POLYTECHNICAL INSTITUTES.
   4. "Transportation expense." For the purposes of determining transpor-
 tation aid pursuant to this article, "transportation expense" shall mean
 any  cost  incurred  by  the school district for the transportation of a
 handicapped child pursuant to the  provisions  of  subdivision  four  of
 section  forty-four  hundred  two  of  this article, notwithstanding any
 minimum or maximum aidable limits established by other provisions of the
 education law or pursuant to regulations of the commissioner  or  school
 district, allowed pursuant to the applicable provisions of parts two and
 three  of article seventy-three of this chapter, provided, however, that
 such transportation shall not be in excess of fifty miles from the  home
 of  such  pupil to the appropriate special service or program unless the
 commissioner shall certify that no appropriate  non-residential  special
 service  or  program  is available within such fifty miles, and that the
 commissioner may establish by  regulation  a  maximum  number  of  trips
 between a pupil's home and the private residential school which provides
 special  services or programs to such pupil. Such cost shall include the
 cost of joint or regional transportation provided by school districts or
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 for such purposes and subject to the same limits.
   § 150. Clause (c) of subparagraph 1 and clause (g) of  subparagraph  3
 of  paragraph  b  of  subdivision  1 and paragraph c of subdivision 4 of
 section 4402 of the education law, clause (c) of subparagraph 1 of para-
 graph b of subdivision 1 as amended by chapter 311 of the laws of  1999,
 clause  (g) of subparagraph 3 of paragraph b of subdivision 1 as amended
 by chapter 53 of the laws of 1986 and paragraph c of  subdivision  4  as
 A. 9760                            131
 
 added  by  chapter  853  of  the  laws  if  1976, are amended to read as
 follows:
   (c) Districts not having available personnel may share the services of
 a  local  committee on special education with another school district or
 contract with a [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE for  such  personnel  pursuant  to  regulations  of  the
 commissioner.  A district having a subcommittee on special education may
 share the services of a local committee on special education with anoth-
 er school district,  provided  that  a  representative  of  such  school
 district  who is qualified to provide or administer or supervise special
 education and is knowledgeable about  the  general  curriculum  and  the
 availability  of  resources  of the school district shall be a member of
 such committee when it convenes on behalf of a student who is a resident
 of such district.
   (g) Provide for the transmittal of information by the board of  educa-
 tion,  including  such test results and evaluations as the committee may
 have collected, to the home district of the child  with  a  handicapping
 condition in cases where the home school district has contracted for the
 child's  education with another school district or [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE.
   c. Such board  shall  be  empowered  to  contract  for  transportation
 services  provided  pursuant  to this subdivision with any municipality,
 [Board of Cooperative Educational Services] NY POLYTECHNICAL  INSTITUTE,
 public authority or private contractor meeting the school bus provisions
 outlined  in section thirty-six hundred twenty-three of this chapter and
 the standards and specifications relating thereto.
   § 151. Paragraph d of subdivision 1 of section 4410-b of the education
 law, as added by chapter 6 of the laws of 2000, is amended  to  read  as
 follows:
   d. "Public or private agency" shall mean an approved preschool special
 education  program,  or  a  state-supported school operating pursuant to
 article eighty-five of this chapter, or an approved private non-residen-
 tial or residential school that provides special  services  or  programs
 pursuant  to  subdivision  two of section forty-four hundred one of this
 article. Such term shall not include  an  individual  providing  related
 services  only  to  preschool  students  with  disabilities  pursuant to
 section forty-four hundred ten of this article. Such term shall  include
 a [board of cooperative educational services] NY POLYTECHNICAL INSTITUTE
 only  to  the  extent  it  is  an  approved  preschool special education
 program, and only for those students provided special education programs
 or services pursuant to section forty-four hundred ten of this article.
   § 152. Paragraph c of subdivision 1 of section 4452 of  the  education
 law,  as added by chapter 740 of the laws of 1982, is amended to read as
 follows:
   c. Upon acceptance by a local school district  of  the  apportionments
 made  under section thirty-six hundred two of this chapter such district
 shall use such funding in accordance with guidelines to  be  established
 by  the  commissioner for services to gifted pupils. Such services shall
 include but not be limited to  identification,  instructional  programs,
 planning, in service education and program evaluation. A board of educa-
 tion  may contract with another district or [board of cooperative educa-
 tional services] NY  POLYTECHNICAL  INSTITUTE  to  provide  the  program
 and/or  services  with the approval of the commissioner under guidelines
 established by the commissioner.
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   § 153. Section 4601 of the education law, as added by chapter  864  of
 the  laws of 1970, subdivisions 1 and 2 as amended by chapter 301 of the
 laws of 1996, is amended to read as follows:
   § 4601. Advisory  councils.   1. The board of education of each school
 district and of each [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL INSTITUTE maintaining an approved career education program
 shall  appoint an advisory council for career education consisting of at
 least ten members.  The membership shall include, but not be limited to,
 persons:
   a. Familiar with the vocational needs and problems of  management  and
 labor in the region.
   b. Familiar with programs of career education at the postsecondary and
 adult levels.
   c.  Familiar with the manpower needs and requirements of the region to
 be served.
   d. Familiar with the special educational needs of the  physically  and
 mentally handicapped.
   e.  Representative  of community interests, including persons familiar
 with the special needs of the population to be served.
   f. A student who is participating in a career education program at the
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL INSTITUTE district being served by the advisory council.
   2.  It shall be the duty of such advisory council for career education
 to advise the board of education or [board of cooperative education]  NY
 POLYTECHNICAL INSTITUTE on the development of and policy matters arising
 in  the administration of career education, including the preparation of
 long-range and annual program plans submitted  to  the  commissioner  of
 education,  and  assist  with  an  annual evaluation of career education
 programs, services and activities provided by  the  school  district  or
 board of cooperative education.
   3.  Advisory councils may appoint consultant committees representative
 of specific occupational fields to assist in the work of the council and
 the board of education or [board of cooperative education] NY  POLYTECH-
 NICAL  INSTITUTE  with respect to the planning, development and require-
 ments for establishment of new programs or evaluation  and  revision  of
 existing programs.
   4.  The  board  of  education  of any school district or the [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE may  employ
 such  professional, technical and clerical personnel as may be necessary
 to enable the advisory council to carry out its functions  specified  in
 this section.
   §  154. Subdivision 2 of section 4602 of the education law, as amended
 by chapter 301 of the laws of 1996, is amended to read as follows:
   2. Career education  programs  and  classes  shall  be  organized  and
 conducted  by boards of education or arranged through shared services as
 provided by [boards of cooperative educational services] NY  POLYTECHNI-
 CAL INSTITUTES, in accordance with the rules of the board of regents and
 the  regulations  of  the commissioner of education. Boards of education
 that are designated  by  the  commissioner  as  major  career  education
 providers  shall  submit  to  the commissioner every two years, no later
 than the date specified by the commissioner, a career education  program
 plan,  in  a  form specified by the commissioner, which shall be revised
 annually.
   § 155. Subdivision 1 and the opening paragraph  of  subdivision  2  of
 section  4605  of the education law, as added by chapter 864 of the laws
 of 1970, are amended to read as follows:
 A. 9760                            133
 
   1. The board of education of each school district or [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE may employ quali-
 fied persons for the purpose of  providing  vocational  and  educational
 guidance  for minors.   Such vocational and educational guidance service
 and the qualifications of the counselors employed for such work shall be
 approved by the commissioner.
   The  board  of  education of each school district or [board of cooper-
 ative educational services] NY POLYTECHNICAL  INSTITUTE  may  establish,
 conduct  and  maintain  as a part of the public school system a guidance
 bureau which shall perform such of the following duties as may be deter-
 mined by such board OR INSTITUTE:
   § 156. Subdivision 6 of section 6303 of the education law, as added by
 section 2 of part CC of chapter 56 of the laws of 2019,  is  amended  to
 read as follows:
   6.  Notwithstanding  the  provisions  of any other general, special or
 local law, rule or regulation, each community college, or the entity  or
 entities  responsible  for setting tuition at such institution, shall be
 authorized to set a reduced rate of tuition and/or  fees,  or  to  waive
 tuition  and/or fees entirely, for students participating in any dual or
 concurrent enrollment program with no reduction in other  state,  local,
 or  other  support  for  such  students earning college credit that such
 higher  education  partner  would  otherwise  be  eligible  to  receive;
 provided  that,  for  purposes  of  this provision, a dual or concurrent
 enrollment program shall mean one or more college  courses  taken  by  a
 high  school  student  through a community college while such student is
 still enrolled in high school  or  [boards  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTES  and  for which the student may
 receive both high school and college credit.
   § 157. Subdivisions 8 and 10 of section 6306  of  the  education  law,
 subdivision 8 as amended by chapter 552 of the laws of 1984 and subdivi-
 sion  10  as amended by section 1 of part T of chapter 54 of the laws of
 2016, are amended to read as follows:
   8. Subject to the approval of the local  sponsor  acting  through  its
 local  legislative body or board, or other appropriate governing agency,
 and pursuant to such regulations and limitations as may  be  established
 and prescribed by the state university trustees with the approval of the
 director  of the budget, the board of trustees of each community college
 may  participate  in  cooperative  educational  programs,  services  and
 arrangements  with  colleges, universities, school districts, [boards of
 cooperative   educational   services]   NY   POLYTECHNICAL   INSTITUTES,
 libraries,  museums  and join any cooperative association of such educa-
 tional institutions formed as a  corporation  pursuant  to  section  two
 hundred  sixteen  of  this  chapter.  The provisions of this subdivision
 shall not apply to community college regional boards of trustees.
   10. The boards of trustees of the state university of New York  commu-
 nity  colleges  shall  consult  with  [boards of cooperative educational
 services (BOCES)] NY POLYTECHNICAL INSTITUTES to identify new or  exist-
 ing programs offered to students that would allow a student to pursue an
 associate  of occupational studies (AOS) degree from a community college
 upon high school graduation. Once identified, [BOCES]  NY  POLYTECHNICAL
 INSTITUTES  in  collaboration with the community college boards of trus-
 tees shall make such path, identified programs, and AOS  degree  options
 known  to  ensure that students are aware that such options exist.  Such
 notification shall begin in the eighth grade, and include the  provision
 of  materials  on AOS degree options to school counselors in each school
 district in such region. Provided however, that such boards and  [BOCES]
 A. 9760                            134
 
 NY  POLYTECHNICAL  INSTITUTES  shall  not  take  any action to direct or
 suggest that a student should pursue a particular degree or pathway.
   § 158. Subdivision 3 of section 6310 of the education law, as added by
 chapter 552 of the laws of 1984, is amended to read as follows:
   3.  Pursuant to such regulations and limitations as may be established
 and prescribed by the state university trustees with the approval of the
 director of the budget, the community college regional board of trustees
 may  participate  in  cooperative  educational  programs,  services  and
 arrangements  with  colleges, universities, school districts, [boards of
 cooperative   educational   services]   NY   POLYTECHNICAL   INSTITUTES,
 libraries,  museums  and join any cooperative association of such educa-
 tional institutions formed as a  corporation  pursuant  to  section  two
 hundred sixteen of this chapter.
   § 159. Paragraph a of subdivision 1 of section 6503-b of the education
 law,  as added by chapter 581 of the laws of 2011, is amended to read as
 follows:
   a. "Special education school" means an approved program as defined  in
 paragraph b of subdivision one of section forty-four hundred ten of this
 chapter that meets the requirements of paragraph b of subdivision six of
 such section forty-four hundred ten; an approved private non-residential
 or  residential  school  for the education of students with disabilities
 that is located within the state; a child care institution as defined in
 section four thousand one of this chapter that operates a private school
 for the education of students with disabilities or  an  institution  for
 the  deaf  or  blind  operating  pursuant to article eighty-five of this
 chapter that either: (1) conducts a  multi-disciplinary  evaluation  for
 purposes  of  articles  eighty-one  or  eighty-nine of this chapter that
 involves the practice of one or more professions for which a license  is
 required pursuant to this title and no exception from corporate practice
 restrictions  applies,  or  (2)  provides  related  services to students
 enrolled in the school or approved program that involves the practice of
 one or more professions for which a license is required pursuant to this
 title and no exception from practice  restrictions  applies.  Such  term
 shall  not  include a school district, [board of cooperative educational
 services] NY POLYTECHNICAL  INSTITUTE,  municipality,  state  agency  or
 other  public  entity.  Nothing  in  this  section shall be construed to
 require a child care institution that conducts multi-disciplinary evalu-
 ations or provides related services through an approved private nonresi-
 dential school operated by such child care institution to obtain a waiv-
 er, provided that such school obtains a waiver pursuant to this section.
   § 160. Subdivision 4 of  section  6608-b  of  the  education  law,  as
 amended  by  chapter  390  of  the  laws  of 2019, is amended to read as
 follows:
   (4) Education and experience: (A) have received a high school diploma,
 or its equivalent, and (B) have successfully  completed,  in  accordance
 with  the commissioner's regulations, (i) an approved one-year course of
 study in dental assisting in a degree-granting institution or  a  [board
 of  cooperative educational services] NY POLYTECHNICAL INSTITUTE program
 which includes at least two hundred hours of clinical experience, or  an
 equivalent  approved course of study in dental assisting in a non-degree
 granting institution which shall not be a  professional  association  or
 professional organization or (ii) an alternate course of study in dental
 assisting  acceptable  to  the  department  which shall be provided by a
 degree-granting institution  or  a  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE program which includes at least one
 thousand hours of relevant work experience;
 A. 9760                            135
 
   §  161.  Subdivision  7  of section 208 of the elder law is amended to
 read as follows:
   7.  In  addition,  the  director,  within appropriations provided, may
 establish a training program  for  respite  workers.  The  six  existing
 respite  projects  established  pursuant to chapter seven hundred sixty-
 seven of the laws of nineteen hundred eighty-one shall, insofar as  they
 are able, assist in providing such a training program.
   The director may also enter into contracts with [boards of cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTES pursuant to sections
 nineteen hundred fifty and forty-six hundred two of the education law to
 provide courses in training for  respite  care  workers.  This  training
 program shall be optional for existing programs.
   §  162.  Subdivision 2 of section 9-102 of the energy law, as added by
 chapter 733 of the laws of 1985, is amended to read as follows:
   2. "Municipality" means a municipal corporation, as defined in section
 two of the general municipal law, school district, [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE,   fire   district,
 district corporation or special improvement district governed by a sepa-
 rate board of commissioners.
   § 163. Subdivisions 3 and 8 of section 9-103 of the energy law, subdi-
 vision 3 as amended by chapter 368 of the laws of 1994 and subdivision 8
 as added by section 78 of part A of chapter 436 of the laws of 1997, are
 amended to read as follows:
   3.  In the case of a school district or a [board of cooperative educa-
 tional services]  NY  POLYTECHNICAL  INSTITUTE,  an  energy  performance
 contract  shall be an ordinary contingent expense, and shall in no event
 be construed as or deemed a lease or lease-purchase  of  a  building  or
 facility, for purposes of the education law.
   8.  In the case of a school district or a [board of cooperative educa-
 tional services]  NY  POLYTECHNICAL  INSTITUTE,  an  energy  performance
 contract shall be developed and approved pursuant to the requirements of
 this section and pursuant to regulations promulgated by the commissioner
 of education in consultation with the New York state energy research and
 development  authority. Such regulations shall include, but shall not be
 limited to: a list of the appropriate type of projects that  qualify  as
 energy  performance  contracts; an approval process that includes review
 of the type and nature of the proposed project, the scope and nature  of
 the work to be performed, and a detailed breakdown of the energy savings
 to  be  derived each year and for the duration of the energy performance
 contract; and a  process  for  ensuring  that  districts  have  obtained
 financing  at  the  lowest cost possible. Such regulations shall require
 that all energy performance  contracts  which  contain  maintenance  and
 monitoring  charges  as  part  of  the energy performance contract price
 state such maintenance and monitoring charges separately in the contract
 in a clear and conspicuous manner. Such regulations shall not  apply  to
 energy performance contracts entered into prior to the effective date of
 such  regulations,  nor shall they apply to energy performance contracts
 for which a request for proposals was issued  prior  to  such  effective
 date.
   § 164. Subdivision 4 of section 27-2601 of the environmental conserva-
 tion law, as added by chapter 99 of the laws of 2010, is amended to read
 as follows:
   4.  "Consumer"  means  a  person located in the state who owns or uses
 covered electronic equipment, including but not limited to  an  individ-
 ual, a business, corporation, limited partnership, not-for-profit corpo-
 ration, the state, a public corporation, public school, school district,
 A. 9760                            136
 
 private  or  parochial  school  or  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE or governmental  entity,  but  does
 not  include  an  entity  involved  in a wholesale transaction between a
 distributor and retailer.
   § 165. Subdivision 5 of section 27-3301 of the environmental conserva-
 tion  law,  as  added  by chapter 795 of the laws of 2022, is amended to
 read as follows:
   5. "Consumer" means a person located in the state who purchases, owns,
 leases, or uses carpet, including but not limited to  an  individual,  a
 business,  corporation, limited partnership, not-for-profit corporation,
 the state, a public corporation, public school, school district, private
 or parochial school, or [board of cooperative educational  services]  NY
 POLYTECHNICAL INSTITUTE or governmental entity.
   §  166.  Subdivisions  1 and 2 of section 37-0109 of the environmental
 conservation law, subdivision 1 as added by chapter 521 of the  laws  of
 2002  and  subdivision  2 as amended by chapter 329 of the laws of 2003,
 are amended to read as follows:
   1. The state, and any political subdivision thereof, school  district,
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 or public authority, and any agency of any such entity shall be  prohib-
 ited  from  constructing, any structure on any playground owned or oper-
 ated by such an entity, which uses lumber which is pressure treated with
 chromated copper arsenate.
   2. The state, and any political subdivision thereof, school  district,
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 or public authority, and any agency of any such  entity  shall  maintain
 and operate all (a) structures constructed with lumber which is pressure
 treated with chromated copper arsenate, which is on any playground owned
 or  operated  by  such  an entity, or (b) picnic tables constructed with
 lumber which is pressure treated with chromated copper  arsenate,  which
 is on any facility owned or operated by such an entity, in such a manner
 as  to minimize chromated copper arsenate from leaching from such struc-
 ture or picnic table. Every such entity shall maintain the ground  cover
 surrounding  any  such structure or picnic table in a manner to minimize
 exposure to potential chromated copper arsenate contamination.
   § 167. Paragraph f of subdivision 4 of section 51-0101 of the environ-
 mental conservation law, as added by chapter 400 of the laws of 1973, is
 amended to read as follows:
   f. in the case of a supervisory district, the  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE thereof.
   §  168. Paragraph (f) of subdivision 7 of section 52-0101 of the envi-
 ronmental conservation law, as added by chapter 512 of the laws of 1986,
 is amended to read as follows:
   (f) in the case of a supervisory district, the [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE thereof.
   §  169. Paragraph (e) of subdivision 9 of section 56-0101 of the envi-
 ronmental conservation law, as added by chapter 413 of the laws of 1996,
 is amended to read as follows:
   (e) in the case of a supervisory district, the [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE thereof;
   § 170. Subdivision 1, paragraphs b and h of subdivision 2, paragraph a
 of subdivision 3 and paragraph a of subdivision 6 of section 29-h of the
 executive  law,  subdivision  1, paragraphs b and h of subdivision 2 and
 paragraph a of subdivision 3 as amended by section 1 of part Q of  chap-
 ter  55  of the laws of 2013 and paragraph a of subdivision 6 as amended
 by chapter 227 of the laws of 2015, are amended to read as follows:
 A. 9760                            137
 
   1. Creation. There is hereby created the intrastate mutual aid program
 to complement existing mutual aid agreements in the event of a  disaster
 that  results in a formal declaration of an emergency by a participating
 local government. All local  governments  within  the  state,  excepting
 those  which  affirmatively choose not to participate in accordance with
 subdivision four of this section, are deemed to be participants  in  the
 program; provided, however, with respect to school districts and [boards
 of  cooperative  educational services] NY POLYTECHNICAL INSTITUTES, such
 participation shall be limited to the sharing of  facilities  management
 and administrative personnel and equipment.
   b.  "Local  government"  means any county, city, town, village, school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE of the state;
   h. ["Board of cooperative  educational  services"]  "NY  POLYTECHNICAL
 INSTITUTE"  shall  have  the same meaning as in section nineteen hundred
 fifty of the education law.
   a. There is hereby created within the disaster preparedness commission
 an intrastate mutual aid program committee, for purposes of this section
 to be referred to as the  committee,  which  shall  be  chaired  by  the
 commissioner   of  the  division  of  homeland  security  and  emergency
 services, and shall include the state fire  administrator,  the  commis-
 sioner  of health, the commissioner of education and the commissioner of
 agriculture and markets, provided that each such official may appoint  a
 designee  to  serve  in his or her place on the committee. The committee
 shall also include five representatives  from  local  public  safety  or
 emergency  response  agencies  and  one  representative  from  a  school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE.  Such representatives, who shall  serve  a  maximum  two-year
 term, shall be appointed by the commissioner of the division of homeland
 security  and emergency services, with regard to a balance of geographic
 representation and discipline expertise.
   a. Subject to the restrictions on  school  districts  and  [boards  of
 cooperative  educational services] NY POLYTECHNICAL INSTITUTES set forth
 in subdivision one of this section, the state or a  participating  local
 government  may  request assistance of other participating local govern-
 ments in preventing,  mitigating,  responding  to  and  recovering  from
 disasters  that  result in the declaration of a state disaster emergency
 or locally-declared  emergencies,  or  for  the  purpose  of  conducting
 multi-jurisdictional or regional training, drills or exercises. Requests
 for assistance may be made verbally or in writing; verbal requests shall
 be  memorialized  in  writing  as  soon  thereafter  as  is practicable.
 Notwithstanding the provisions of section twenty-five of  this  article,
 the  local  emergency  management  director  shall have the authority to
 request and accept assistance and deploy the local resources of  his  or
 her  jurisdiction  under the intrastate mutual aid program. The director
 of the state office of emergency management is authorized to request and
 accept assistance pursuant to this section.
   § 171. Paragraph (c) of subdivision 40 of section 292 of the executive
 law, as amended by chapter 654 of the laws of 2021 and such  subdivision
 as  renumbered by chapter 748 of the laws of 2022, is amended to read as
 follows:
   (c) any public school, including any school district, [board of  coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE, public college
 or public university.
   §  172. Subdivision 1 of section 972 of the executive law, as added by
 chapter 618 of the laws of 1983, is amended to read as follows:
 A. 9760                            138
 
   1. In developing the job training and special services  plan  required
 by section one hundred twenty-one of the act, the governor shall provide
 guidelines  and  criteria  for  coordinating the activities to be funded
 with moneys under the act with related activities of the state education
 department,  local school districts including the [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES, the state  vocational
 education  advisory  council,  the department of social services and the
 local social services districts, the department of labor  including  the
 job  service, the office of vocational rehabilitation, the department of
 commerce, the division for youth,  post-secondary  institutions  in  the
 state  particularly  community colleges and other institutions providing
 technical training opportunities, the department of commerce  and  other
 state  and  local agencies and authorities involved in economic develop-
 ment activities.
   § 173. Paragraph f of subdivision 2 of section 974  of  the  executive
 law,  as  added  by chapter 618 of the laws of 1983 and as relettered by
 chapter 619 of the laws of 1983, is amended to read as follows:
   f. recommendations for better utilization of educational resources  in
 the  workforce  preparation field with specific attention to eliminating
 duplicative efforts and coordinating programming efforts between [boards
 of cooperative educational services]  NY  POLYTECHNICAL  INSTITUTES  and
 community colleges;
   §  174.  Subdivision 5 of section 6-j of the general municipal law, as
 added by chapter 433 of the laws of 1987, is amended to read as follows:
   5. If at the end of any fiscal year the  moneys  in  such  fund  shall
 exceed  the  amounts required to be paid pursuant to subdivision four of
 this section plus any additional amount  required  to  pay  all  pending
 claims,  the  governing  board  of  the  municipal  corporation,  school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE  or  fire district may, within sixty days of the close of such
 fiscal year, elect to: (a) transfer said excess, or any part thereof, to
 any fund authorized  by  this  article  or  section  thirty-six  hundred
 fifty-one  of  the  education  law; and/or (b) apply said excess, or any
 part thereof to the budget appropriation of the next  succeeding  fiscal
 year.
   §  175.  Section 6-m of the general municipal law, as added by chapter
 616 of the laws of 1977, subdivision 3 as amended by chapter 708 of  the
 laws  of 1992 and subdivision 5 as added and subdivision 6 as renumbered
 by chapter 433 of the laws of 1987, is amended to read as follows:
   § 6-m. Unemployment insurance payment reserve fund. 1.  The  governing
 board  of  any municipal corporation, school district, [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE, or fire district
 which has elected to become liable for payments in lieu of contributions
 required of employers liable for contributions under article eighteen of
 the labor law may establish a reserve fund to be known as  an  unemploy-
 ment insurance payment reserve fund.
   2.  There  may  be  paid  into  such  fund  (a) such amounts as may be
 provided therefor by budgetary  appropriations,  (b)  amounts  from  any
 other  fund  authorized by this chapter by resolution subject to permis-
 sive referendum, and (c) such other funds as may  be  legally  appropri-
 ated.
   3.  The  moneys  in  such  fund  shall be deposited and secured in the
 manner provided by section ten of this article. The governing board,  or
 the  chief  fiscal officer of such municipality, school district, [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE, or fire
 district, if the governing board shall delegate such duty to him OR HER,
 A. 9760                            139
 
 may invest the moneys in such fund in the  manner  provided  by  section
 eleven  of this article. Any interest earned or capital gain realized on
 the money so deposited or invested shall accrue to and  become  part  of
 such fund. The separate identity of such fund shall be maintained wheth-
 er its assets consist of cash or investments or both.
   4. An expenditure shall be made from such fund only as required by law
 to  pay into the unemployment insurance fund an amount equivalent to the
 amount of benefits paid to claimants and charged to the account of  such
 municipal  corporation,  school  district,  [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE, or fire district in accord-
 ance with the provisions of paragraph (e) of subdivision one of  section
 five hundred eighty-one of the labor law.
   5.  If  at  the  end  of any fiscal year the moneys in such fund shall
 exceed the amounts required to be paid pursuant to subdivision  four  of
 this  section  plus  any  additional  amount required to pay all pending
 claims,  the  governing  board  of  the  municipal  corporation,  school
 district,  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE or fire district may, within sixty days of the close  of  such
 fiscal year, elect to: (a) transfer said excess, or any part thereof, to
 any  fund  authorized  by  this  article  or  section thirty-six hundred
 fifty-one of the education law; and/or (b) apply  said  excess,  or  any
 part  thereof  to the budget appropriation of the next succeeding fiscal
 year.
   6. If the municipal corporation, school district,  [board  of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE, or fire district
 shall,  after  the establishment of such fund, terminate its election to
 become liable for payments in lieu of contributions, the moneys  remain-
 ing in such fund may be transferred to any other fund authorized by this
 chapter  or  section  thirty-six hundred fifty-one of the education law,
 only to the extent that the moneys in such fund shall exceed  in  amount
 the sum sufficient to pay all pending claims.
   §  176.  Paragraph  a  of  subdivision 1 of section 6-n of the general
 municipal law, as amended by chapter 819 of the laws of 1986, is amended
 to read as follows:
   a. "Municipal corporation," as used in  this  section,  shall  mean  a
 municipal corporation, as defined in section two of this chapter, school
 district,  except  a  school district in a city with a population of one
 hundred twenty-five thousand or more, [board of cooperative  educational
 services]  NY  POLYTECHNICAL INSTITUTE, fire district, a district corpo-
 ration and a special improvement district governed by a  separate  board
 of commissioners.
   §  177.  Paragraph  (a) of subdivision 1 and subdivision 11 of section
 6-p of the general municipal law, paragraph  (a)  of  subdivision  1  as
 added  by chapter 518 of the laws of 1996 and subdivision 11 as added by
 section 80 of part A of chapter 58 of the laws of 2011, are  amended  to
 read as follows:
   (a)  "Municipal  corporation"  shall  mean a municipal corporation, as
 defined in section two of this chapter, school district, except a school
 district in a city with a population of one hundred twenty-five thousand
 or more, [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE,  fire district, a district corporation and a special improve-
 ment district governed by a separate board of commissioners.
   11. Notwithstanding any other provision of  law  to  the  contrary,  a
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 that has been determined upon state audit or in its  annual  independent
 audit to have accumulated an excess in such fund over the sum sufficient
 A. 9760                            140
 
 to pay all liabilities incurred or accrued against it shall withdraw the
 amount  of such excess as of the date of withdrawal and shall distribute
 such amount to all school districts that paid to such [board of  cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE moneys that were
 deposited to such fund in the same proportion as the total payments from
 such school district into such fund bears to the total payments from all
 school districts into such fund,  or,  at  the  request  of  the  school
 district,  may  use such amount to offset the administrative and capital
 expenses payable by the school district in the current school year,  and
 any  such  amount  attributable  to an approved cost of service computed
 pursuant to subdivision five of section nineteen hundred  fifty  of  the
 education  law  shall  not  be included in the approved cost of services
 computed pursuant to subdivision five of section nineteen hundred  fifty
 of  the  education law. Such withdrawal shall be made within thirty days
 after the audit becomes final or within thirty days after this  subdivi-
 sion takes effect, whichever is later.
   §  178.  Paragraph  a  of  subdivision 1 of section 6-r of the general
 municipal law, as added by chapter 260 of the laws of 2004,  is  amended
 to read as follows:
   a. "Municipal corporation" means a municipal corporation as defined in
 section  two  of this chapter, school district (except a school district
 in a city with a population  of  one  hundred  twenty-five  thousand  or
 more),  [board  of  cooperative  educational  services] NY POLYTECHNICAL
 INSTITUTE, fire district, district  corporation,  police  district,  and
 special improvement district governed by a separate board of commission-
 ers.
   §  179.  Paragraph  a  of  subdivision  1 of section 10 of the general
 municipal law, as amended by chapter 623 of the laws of 1998, is amended
 to read as follows:
   a. "Local government" shall mean  any  municipal  corporation,  school
 district,  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE, district corporation, special improvement  district  governed
 by  a  separate board of commissioners, industrial development agency or
 authority or a public library.
   § 180. Subdivision 3 of section 30 of the general  municipal  law,  as
 amended  by  chapter  200  of  the  laws  of 1973, is amended to read as
 follows:
   3. An annual report of financial transactions shall  be  made  by  the
 treasurer  of each public library and library service system established
 pursuant to section two hundred fifty-five of the  education  law,  each
 county vocational education board established pursuant to section eleven
 hundred  one  of the education law and each [board of cooperative educa-
 tional services] NY  POLYTECHNICAL  INSTITUTE  established  pursuant  to
 section nineteen hundred [fifty-eight] FIFTY of the education law.
   §  181.  Subdivision  4 of section 31 of the general municipal law, as
 added by chapter 413 of the laws of 1991, is amended to read as follows:
   4. A detailed statement of installment purchase contracts entered into
 by a municipal corporation, school  district,  district  corporation  or
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 the provisions made for the payment thereof, the purposes for which such
 contract was entered into, whether such contract  was  financed  by  the
 execution  and delivery of certificates of participation, and such other
 information as the comptroller shall require.
   § 182. Subdivision 2 of section 33 of the general  municipal  law,  as
 added  by  chapter 267 of the laws of 2005 and paragraph b as amended by
 A. 9760                            141

 section 24 of subpart F of part C of chapter 97 of the laws of 2011,  is
 amended to read as follows:
   2.  Audits  of  school  districts,  [boards of cooperative educational
 services (BOCES)] NY POLYTECHNICAL INSTITUTES and  charter  schools.  a.
 Notwithstanding  any  other  provisions  of  law  to  the  contrary, the
 inspection and examination of  school  districts,  charter  schools  and
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 accounts  shall be conducted pursuant to provisions of this subdivision.
 Within such funds as are made available  for  such  purpose,  the  comp-
 troller  shall  cause  the accounts of every school district, [BOCES] NY
 POLYTECHNICAL INSTITUTE and charter school in the state to  be  examined
 pursuant  to  a  plan developed by the comptroller. Such audits shall be
 conducted in a manner so as to  provide,  that  every  school  district,
 [BOCES]  NY  POLYTECHNICAL INSTITUTE and charter school shall be audited
 at least once by March thirty-first, two thousand ten.  The priority and
 frequency of such audits, and any audits conducted thereafter, shall  be
 based  upon a risk assessment process conducted by the comptroller which
 may include investigations  of  alleged  improprieties,  previous  audit
 findings and recommendations, or other financial performance indicators.
 The  comptroller  shall  provide  affected  school districts, [BOCES] NY
 POLYTECHNICAL INSTITUTES and charter  schools  reasonable  prior  notice
 before the commencement of any audit.
   b.  In undertaking such audits the comptroller's review shall include,
 but not be limited to:
   (1) examining, auditing and evaluating financial documents and records
 of school districts, [BOCES] NY  POLYTECHNICAL  INSTITUTES  and  charter
 schools,
   (2)  assessing  the  current  financial practices of school districts,
 [BOCES] NY POLYTECHNICAL INSTITUTES and charter schools to  ensure  that
 they  are  consistent  with established standards, including whether any
 school district that uses a risk-based or sampling methodology to deter-
 mine which claims are to be audited in lieu of auditing all  claims  has
 adopted  a  methodology  that provides reasonable assurance that all the
 claims represented in the sample are proper charges against  the  school
 district; and
   (3) determining that school districts, [BOCES] NY POLYTECHNICAL INSTI-
 TUTES,  and charter schools provide for adequate protections against any
 fraud, theft, or professional misconduct.
   c. All audits shall include any appropriate findings  and  recommenda-
 tions  of the auditors, regarding the fiscal practices that the auditors
 believe to be in violation of, any state or federal law, rule  or  regu-
 lation, or demonstrate negligence or incompetence.
   d.  The office of the state comptroller shall upon making a finding of
 misconduct refer any findings of fraud, abuse or other  conduct  consti-
 tuting  a  crime  that  are  uncovered during the course of an audit, as
 appropriate, to the commissioner of education, the charter  entity,  the
 attorney  general,  United  States  attorney or district attorney having
 jurisdiction  for  appropriate  action,  together  with  any   documents
 supporting the auditors' findings.
   e.  The final audit report resulting from audits performed pursuant to
 this section shall be made available to the public by school  districts,
 [BOCES]  NY POLYTECHNICAL INSTITUTES or charter schools upon request for
 a period of at least  five  years.  Furthermore,  the  school  district,
 [BOCES]  NY POLYTECHNICAL INSTITUTE, or charter school shall be required
 to post the final audit report on their internet website, if  available,
 or otherwise make available, for a period of five years.
 A. 9760                            142
 
   f.  Upon  the  request of the comptroller, any state agency, [board of
 cooperative educational services]  NY  POLYTECHNICAL  INSTITUTE,  school
 district  or  charter  school,  shall cooperate with and make its staff,
 facilities, and resources available to the comptroller for  the  purpose
 of  assisting the comptroller in carrying out all actions taken pursuant
 to this section, and shall provide the comptroller  upon  request,  with
 all  data and records in its possession that relate to audits undertaken
 pursuant to this section.
   g. The comptroller shall inform and advise the governor and the legis-
 lature in December of  each  year  regarding  a  review  of  all  school
 districts,  [BOCES]  NY  POLYTECHNICAL  INSTITUTES,  and charter schools
 audits conducted during the preceding twelve months and any other perti-
 nent information the comptroller deems appropriate.
   § 183. Subdivision 1 of section 39 of the general  municipal  law,  as
 added by chapter 708 of the laws of 1992, is amended to read as follows:
   1.  Each  local  government,  which for purposes of this section shall
 include counties, cities, towns, villages,  school  districts  including
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 and district corporations, within the meaning of that term as set out in
 subdivision  three of section sixty-six of the general construction law,
 or any other governmental subdivision of the state, shall by  resolution
 adopt  a comprehensive investment policy which details the local govern-
 ment's operative policy and instructions to officers and staff regarding
 the investing, monitoring and reporting of funds of  the  local  govern-
 ment.  The  investment  policy  shall  be annually reviewed by the local
 government.
   § 184. Subdivision (a) of section 72-h of the general  municipal  law,
 as  amended  by  chapter  562 of the laws of 1990, is amended to read as
 follows:
   (a) Notwithstanding any provision of any general, special or local law
 or of any charter, the supervisors of a county,  the  town  board  of  a
 town,  the board of trustees of a village, the board of fire commission-
 ers of a fire district, the board of estimate of a city, or if there  be
 none  the  local  legislative body of such city, and, in a city having a
 population of one million or more, the mayor, subject to disapproval  by
 the  council  within  thirty  days  following  receipt  of notice of the
 approval of the mayor, may sell, transfer or lease to or  exchange  with
 any  municipal  corporation  or municipal corporations, school district,
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 fire  district,  the  state of New York, or the government of the United
 States and any agency or department thereof,  either  without  consider-
 ation  or  for  such consideration and upon such terms and conditions as
 shall be approved by such officer or body, any real  property  owned  by
 such  county,  town,  village,  fire district or city; and any municipal
 corporation or fire district may acquire or lease such real property  as
 provided in this section. The term of any lease entered into pursuant to
 the  provisions  of  this section shall not exceed ten years but nothing
 herein contained shall prevent the renewal of any such lease.
   § 185. Paragraph (b) of subdivision 1 of section 77-b of  the  general
 municipal  law,  as added by chapter 413 of the laws of 1974, is amended
 to read as follows:
   (b) Governing [Board] BOARD. A common council, board of aldermen, city
 council, or board of estimate of a city, the county legislature or board
 of supervisors of a county, the town board of a town, the board of trus-
 tees of a village, the board of education  of  a  school  district,  the
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 A. 9760                            143
 
 the board of commissioners of an  improvement  district,  the  board  of
 directors  of  a  soil  conservation  district, the trustees of a public
 library, the trustees of a community college,  and  the  board  of  fire
 commissioners of a fire district.
   §  186. Section 88-a of the general municipal law, as added by chapter
 51 of the laws of 1958, subdivision 1 as separately amended by  chapters
 166 and 603 of the laws of 1979, subdivision 2 as amended by chapter 513
 of  the  laws of 2022 and subdivision 3 as amended by chapter 166 of the
 laws of 1979, is amended to read as follows:
   § 88-a. Merit award board to reward employees for suggestions. 1.  Any
 city,  county,  town,  village, school district or [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE  is  hereby  authorized
 and  empowered  to  establish  a  merit  award  board for the purpose of
 rewarding its employees for suggestions which result in a more efficient
 and economical operation of its government  and  may  raise  and  expend
 moneys for the purposes thereof.
   2.  In cities such board shall consist of the mayor, corporation coun-
 sel and such council members as may be designated by the council and  in
 counties  such board shall consist of the chair of the board of supervi-
 sors and such members thereof as shall be chosen by the board. In  towns
 such  board shall consist of the town supervisor and such members as the
 town council shall designate. In villages such board  shall  consist  of
 the  mayor  and  members  designated by the board of trustees. In school
 districts, such board shall consist of the president  of  the  board  of
 education  and  such  members thereof as shall be chosen by the board of
 education. In [boards of cooperative educational services] NY  POLYTECH-
 NICAL  INSTITUTES, such [board] INSTITUTE shall consist of the president
 of the [board of  cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE  and  such members thereof as shall be chosen by the [board of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE.
   3. Such merit award boards when so established shall  make  rules  and
 regulations  to  provide  for  the rewarding of employees of the munici-
 pality, school district or [board of cooperative  educational  services]
 NY POLYTECHNICAL INSTITUTE for the purposes hereinbefore set forth.
   4.  Nothing  herein  contained shall in any way add to or diminish the
 existing powers of the city of New York with reference to  establishment
 of a merit award board, and its powers.
   §  187. Subdivision 1 of section 99-h of the general municipal law, as
 amended by chapter 148 of the laws  of  1981,  is  amended  to  read  as
 follows:
   1. As used in this section the term "municipal corporation" shall mean
 a county, city, town, village, school district, or [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  of this state or a
 board of higher education in a city having a population of  one  million
 or more.
   §  188. Section 99-p of the general municipal law, as added by chapter
 220 of the laws of 1986, is amended to read as follows:
   § 99-p. Municipality,  district  corporation  or  school  district  as
 reciprocal  insurer.  Any  county,  town, city, village, district corpo-
 ration (as defined in paragraph three  of  section  2.00  of  the  local
 finance  law),  or school district and [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE,  may  become  a  subscriber  to  a
 municipal  reciprocal  insurer  formed  under  article  sixty-one of the
 insurance law.
 A. 9760                            144
 
   § 189. Paragraphs (e) and (f) of subdivision 1 and  subdivision  2  of
 section  99-w  of  the general municipal law, as added by chapter 439 of
 the laws of 2012, are amended to read as follows:
   (e)  "municipal  corporation"  means  a  county,  city, town, village,
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL INSTITUTE; and
   (f) "legislative body" means the board of supervisors, board of alder-
 men,  common council, council, commission, town board, board of trustees
 or other elective governing board or body of a municipality now or here-
 after vested by state statute, charter or other law with jurisdiction to
 initiate and adopt local laws and ordinances, whether or not such  local
 laws  or  ordinances  require  approval  of the elective chief executive
 officer or other official or body to become effective; provided however,
 in the case of a school district shall  mean  the  board  of  education,
 board  of  trustees  or  sole  trustee, as the case may be; and provided
 further, in the case of a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE shall mean the elected members of the [board  of
 cooperative educational services] NY POLYTECHNICAL INSTITUTE.
   2.  Prior  to  any change in status of a military monument or military
 memorial erected or constructed pursuant to sections two  hundred  twen-
 ty-six  of  the  county law, eighty-one of the town law, seventy-two and
 seventy-seven-a of [the general municipal law] THIS ARTICLE or where the
 military monument or military memorial  receives  a  real  property  tax
 exemption  pursuant  to  section  four  hundred forty-four-a of the real
 property tax law, the legislative  body  of  the  municipal  corporation
 where the military monument or military memorial is situated shall adopt
 a  local  law,  by a two-thirds vote of its members, or in the case of a
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE  a resolution, by a two-thirds vote of its members,
 to authorize such change in status. At least ninety days  prior  to  the
 adoption  of  such  local  law,  the municipal corporation shall hold at
 least one public hearing. Such public hearing shall be on such notice as
 is required by section twenty of the municipal home rule law. Notice  of
 such public hearing shall also be posted in at least five public places,
 and shall be advertised for three consecutive days in at least one news-
 paper  of  general circulation in the municipal corporation, which shall
 be the official newspaper if one exists, within  fifteen  days  of  such
 public hearing. The municipal corporation shall also post such notice on
 its  official website, if one exists, for at least fifteen days prior to
 such hearing. Written notice shall also be sent by certified mail to the
 chief executive officer of the municipal  corporation,  if  one  exists,
 prior  to  the  publication  of the notice requirements required by this
 subdivision.
   § 190. Paragraph (b) of subdivision 2 of section 99-x of  the  general
 municipal  law,  as added by chapter 554 of the laws of 2021, is amended
 to read as follows:
   (b) "Municipality" shall mean any county, town, village, city,  [board
 of  cooperative  educational services] NY POLYTECHNICAL INSTITUTE, other
 special district, or any office or agency thereof.
   § 191. Subdivision 1 of section 100 of the general municipal  law,  as
 amended  by  chapter  1034  of  the  laws of 1965, is amended to read as
 follows:
   1. "Political  subdivision"  means  a  municipal  corporation,  school
 district,  district  corporation  and  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE.
 A. 9760                            145

   § 192. Subdivisions 1 and 9 of section 103 of  the  general  municipal
 law,  subdivision  1 as amended by section 1 of chapter 2 of the laws of
 2012, subdivision 9 as amended by chapter 90 of the  laws  of  2017  and
 subparagraph  (ii)  of  paragraph  (a)  of  subdivision  9 as amended by
 section  1  of part JJ of chapter 58 of the laws of 2020, are amended to
 read as follows:
   1. Except as otherwise expressly provided by an act of the legislature
 or by a local law adopted prior to  September  first,  nineteen  hundred
 fifty-three,  all  contracts for public work involving an expenditure of
 more than  thirty-five  thousand  dollars  and  all  purchase  contracts
 involving  an expenditure of more than twenty thousand dollars, shall be
 awarded by the appropriate officer,  board  or  agency  of  a  political
 subdivision  or  of  any district therein including but not limited to a
 soil conservation district to the lowest responsible  bidder  furnishing
 the  required security after advertisement for sealed bids in the manner
 provided by this section, provided,  however,  that  purchase  contracts
 (including  contracts  for  service  work,  but  excluding  any purchase
 contracts necessary for the completion of a public works contract pursu-
 ant to article eight of the labor law) may be awarded on  the  basis  of
 best  value,  as defined in section one hundred sixty-three of the state
 finance law, to a responsive and responsible bidder or  offerer  in  the
 manner  provided  by this section except that in a political subdivision
 other than a city with a population of one million inhabitants  or  more
 or  any  district, board or agency with jurisdiction exclusively therein
 the use of best value for  awarding  a  purchase  contract  or  purchase
 contracts  must be authorized by local law or, in the case of a district
 corporation,  school  district  or  [board  of  cooperative  educational
 services]  NY POLYTECHNICAL INSTITUTE, by rule, regulation or resolution
 adopted at a public meeting. In any case where a responsible bidder's or
 responsible offerer's gross price is reducible by an allowance  for  the
 value  of  used machinery, equipment, apparatus or tools to be traded in
 by a political subdivision, the gross price  shall  be  reduced  by  the
 amount of such allowance, for the purpose of determining the best value.
 In  cases  where two or more responsible bidders furnishing the required
 security submit identical bids as to price, such officer, board or agen-
 cy may award the contract to any of such bidders. Such officer, board or
 agency may, in his or her or its discretion, reject all bids  or  offers
 and  readvertise  for  new bids or offers in the manner provided by this
 section. In determining whether a purchase is an expenditure within  the
 discretionary  threshold  amounts  established  by this subdivision, the
 officer, board or agency of a political subdivision or of  any  district
 therein  shall  consider the reasonably expected aggregate amount of all
 purchases of the same commodities, services or  technology  to  be  made
 within  the  twelve-month  period  commencing  on  the date of purchase.
 Purchases of commodities, services or  technology  shall  not  be  arti-
 ficially  divided for the purpose of satisfying the discretionary buying
 thresholds established by this subdivision. A change to or a renewal  of
 a discretionary purchase shall not be permitted if the change or renewal
 would bring the reasonably expected aggregate amount of all purchases of
 the  same  commodities,  services  or  technology from the same provider
 within the twelve-month period commencing  on  the  date  of  the  first
 purchase  to  an  amount greater than the discretionary buying threshold
 amount. For purposes of this section, "sealed bids" and "sealed offers",
 as that term applies to purchase  contracts,  (including  contracts  for
 service  work,  but  excluding  any purchase contracts necessary for the
 completion of a public works contract pursuant to article eight  of  the
 A. 9760                            146
 
 labor  law)  shall  include  bids  and offers submitted in an electronic
 format including submission of the statement of  non-collusion  required
 by  section  one  hundred  three-d  of  this  article, provided that the
 governing board of the political subdivision or district, by resolution,
 has authorized the receipt of bids and offers in such format. Submission
 in  electronic format may, for technology contracts only, be required as
 the sole method for the submission of bids and offers. Bids  and  offers
 submitted  in  an  electronic format shall be transmitted by bidders and
 offerers to the receiving device designated by the political subdivision
 or district. Any method used to receive electronic bids and offers shall
 comply with article three of the state technology law, and any rules and
 regulations promulgated and guidelines developed thereunder  and,  at  a
 minimum,  must (a) document the time and date of receipt of each bid and
 offer received electronically; (b)  authenticate  the  identity  of  the
 sender;  (c) ensure the security of the information transmitted; and (d)
 ensure the confidentiality of the bid or offer until the time  and  date
 established  for the opening of bids or offers. The timely submission of
 an electronic bid or offer in compliance with instructions provided  for
 such submission in the advertisement for bids or offers and/or the spec-
 ifications  shall be the responsibility solely of each bidder or offerer
 or prospective bidder or offerer. No political subdivision  or  district
 therein shall incur any liability from delays of or interruptions in the
 receiving device designated for the submission and receipt of electronic
 bids and offers.
   9.  Notwithstanding  the  foregoing  provisions of this section to the
 contrary, a board of education, on behalf of its school district,  or  a
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 may separately purchase eggs, livestock, fish, dairy products (excluding
 milk), juice, grains, and species of fresh fruit and vegetables directly
 from New York State producers or growers, or associations  of  producers
 and growers, provided that:
   (a)  (i)  such association of producers or growers is comprised of ten
 or fewer owners of farms who  also  operate  such  farms  and  who  have
 combined to fill the order of a school district or [board of cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE as herein authorized,
 provided however, that a school district or [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE may apply to the commission-
 er of education for permission to purchase from an association  of  more
 than  ten  owners  of such farms when no other producers or growers have
 offered to sell to such school  or  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE; or
   (ii)  such  association of producers or growers is comprised of owners
 of farms who also operate such farms and have combined to fill the order
 of a school district or [board of cooperative educational  services]  NY
 POLYTECHNICAL  INSTITUTE,  and where such order is for one hundred thou-
 sand dollars or less as herein  authorized,  provided  however,  that  a
 school  district or [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE may apply  to  the  commissioner  of  education  for
 permission  to purchase orders of more than one hundred thousand dollars
 from an association of owners of such farms when no other  producers  or
 growers have offered to sell to such school;
   (b) the amount that may be expended by a school district in any fiscal
 year for such purchases shall not exceed an amount equal to twenty cents
 multiplied  by the total number of days in the school year multiplied by
 the total enrollment of such school district;
 A. 9760                            147
 
   (b-1) the amount that may be  expended  by  a  [board  of  cooperative
 educational  services] NY POLYTECHNICAL INSTITUTE in any fiscal year for
 such purchases shall not exceed an amount equal to twenty  cents  multi-
 plied  by  the total number of days in the school year multiplied by the
 number  of  students  receiving  services  by such [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE at facilities  operated
 by a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE;
   (c)  all  such purchases shall be administered pursuant to regulations
 promulgated by the commissioner of education. Such regulations shall: be
 developed in consultation  with  the  commissioner  of  agriculture  and
 markets  to accommodate and promote the provisions of the farm-to-school
 program established pursuant to subdivision five-b of section sixteen of
 the agriculture and markets law and subdivision  thirty-one  of  section
 three  hundred  five of the education law as added by chapter two of the
 laws of two thousand two; ensure that the prices paid by a  district  or
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 for any items so purchased do not exceed the prices of comparable  local
 farm  products  that  are  available  to  districts  through their usual
 purchases of such items; ensure  that  all  producers  and  growers  who
 desire to sell to school districts or [boards of cooperative educational
 services]  NY POLYTECHNICAL INSTITUTES can readily access information in
 accordance with the farm-to-school [law] PROGRAM; include provisions for
 situations when more than one producer or grower seeks to sell the  same
 product  to a district or [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE to ensure that all  such  producers  or  growers
 have  an equitable opportunity to do so in a manner similar to the usual
 purchasing practices of such districts or [boards of cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTES; develop guidelines for
 approval of purchases of items from associations of more than ten  grow-
 ers  and  producers;  and,  to  the maximum extent practicable, minimize
 additional paperwork, recordkeeping and other  similar  requirements  on
 both growers and producers and school districts.
   §  193.  Subdivision 1 of section 103 of the general municipal law, as
 amended by section 2 of chapter 2 of the laws of  2012,  is  amended  to
 read as follows:
   1. Except as otherwise expressly provided by an act of the legislature
 or  by  a  local  law adopted prior to September first, nineteen hundred
 fifty-three, all contracts for public work involving an  expenditure  of
 more  than  thirty-five  thousand  dollars  and  all  purchase contracts
 involving an expenditure of more than twenty thousand dollars, shall  be
 awarded  by  the  appropriate  officer,  board  or agency of a political
 subdivision or of any district therein including but not  limited  to  a
 soil  conservation  district to the lowest responsible bidder furnishing
 the required security after advertisement for sealed bids in the  manner
 provided  by  this  section,  provided, however, that purchase contracts
 (including contracts  for  service  work,  but  excluding  any  purchase
 contracts necessary for the completion of a public works contract pursu-
 ant  to  article  eight of the labor law) may be awarded on the basis of
 best value, as defined in section one hundred sixty-three of  the  state
 finance  law,  to  a responsive and responsible bidder or offerer in the
 manner provided by this section except that in a  political  subdivision
 other  than  a city with a population of one million inhabitants or more
 or any district, board or agency with jurisdiction  exclusively  therein
 the  use  of  best  value  of  awarding  a purchase contract or purchase
 contracts must be authorized by local law or, in the case of a  district
 A. 9760                            148
 
 corporation,  school  district  or  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE, by rule, regulation or  resolution
 adopted  at  a  public  meeting. In determining whether a purchase is an
 expenditure  within  the  discretionary threshold amounts established by
 this subdivision, the officer, board or agency of a  political  subdivi-
 sion  or  of any district therein shall consider the reasonably expected
 aggregate amount of all purchases of the same commodities,  services  or
 technology  to  be made within the twelve-month period commencing on the
 date of purchase. Purchases of commodities, services or technology shall
 not be artificially divided for the purpose of  satisfying  the  discre-
 tionary  buying  thresholds established by this subdivision. A change to
 or a renewal of a discretionary purchase shall not be permitted  if  the
 change  or  renewal would bring the reasonably expected aggregate amount
 of all purchases of the same commodities, services  or  technology  from
 the  same provider within the twelve-month period commencing on the date
 of the first purchase to an amount greater than the discretionary buying
 threshold amount. In any case where a responsible bidder's or  responsi-
 ble  offerer's gross price is reducible by an allowance for the value of
 used machinery, equipment, apparatus or tools to be traded in by a poli-
 tical subdivision, the gross price shall be reduced  by  the  amount  of
 such  allowance,  for  the  purpose  of  determining the low bid or best
 value. In cases where two or more  responsible  bidders  furnishing  the
 required security submit identical bids as to price, such officer, board
 or  agency  may award the contract to any of such bidders. Such officer,
 board or agency may, in his, her or its discretion, reject all  bids  or
 offers  and readvertise for new bids or offers in the manner provided by
 this section.
   § 194. Paragraph (a) of subdivision 1 of section 109-b of the  general
 municipal law, as amended by chapter 258 of the laws of 1994, is amended
 to read as follows:
   (a) "Political subdivision" shall mean a municipal corporation, school
 district,  district  corporation  or  [board  of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE.
   § 195. Subdivision a of section 119-n of the general municipal law, as
 amended by chapter 413 of the laws  of  1991,  is  amended  to  read  as
 follows:
   a. The term "municipal corporation" means a county outside the city of
 New York, a city, a town, a village, a [board of cooperative educational
 services]   NY  POLYTECHNICAL  INSTITUTE,  fire  district  or  a  school
 district.
   § 196. Subdivision 4 of section 119-o of the general municipal law, as
 added by section 2 of part EE of chapter 55 of  the  laws  of  2018,  is
 amended to read as follows:
   4.  Any school district or [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE may join  a  panel  established  pursuant  to
 article  twelve-I of this chapter, and may further participate in any of
 the activities of such panel, with any participating county, town, city,
 village, fire district, fire protection district, or special improvement
 district participating in such panels. For cooperative agreements  which
 involve  functions,  services,  or provisions permitted by this section,
 school districts and [boards of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTES  shall be permitted to create and execute such
 agreements, when a part of the activity of such panel,  without  opinion
 or approval of the state education department.
 A. 9760                            149
 
   §  197.  The  opening  paragraph of subdivision 1 and subdivision 3 of
 section 239-n of the general municipal law, as amended by chapter 203 of
 the laws of 1983, are amended to read as follows:
   Any  county  outside the city of New York, city, town, village, school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE,  or  fire  district or any combination thereof, may create by
 agreement an intergovernmental relations  council  to  strengthen  local
 governments  and  to promote efficient and economical provision of local
 governmental services within or by  such  participating  municipalities,
 and to that end such council shall have power to:
   3.  The board of supervisors of a county, the appropriate officials of
 a city, the governing body of a school district, [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE or fire district, the
 board of trustees of a village, or the town board of a town,  is  hereby
 authorized  to  include  annually in the budget and raise by taxation in
 such county, city, school district, village or town a sum to meet all or
 an appropriate share of the actual and necessary expenses of  establish-
 ing,  maintaining  and continuing such intergovernmental relations coun-
 cil.
   § 198. Paragraph b of subdivision 2, subdivision 4 and subparagraphs 5
 and 6 of paragraph b of subdivision 9 of section 239-bb of  the  general
 municipal  law,  paragraph b of subdivision 2 and subdivision 4 as added
 by chapter 1 of part EE of chapter 55 of the laws of 2018  and  subpara-
 graphs 5 and 6 of paragraph b of subdivision 9 as amended by chapter 294
 of the laws of 2021, are amended to read as follows:
   b.  The  county  CEO may invite any school district, [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE,  fire  district,
 fire  protection district, or special improvement district in the county
 to join a panel. Upon such invitation, the governing body of such school
 district, [board of cooperative educational services]  NY  POLYTECHNICAL
 INSTITUTE,  fire  district,  fire  protection district, or other special
 district may accept such invitation by  selecting  a  representative  of
 such  governing  body,  by  majority  vote,  to serve as a member of the
 panel. Such school district, [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE, fire district, fire protection  district  or
 other  special  district  shall  maintain  such representation until the
 panel either approves a plan or transmits a statement to  the  secretary
 of  state  on  the  reason the panel did not approve a plan, pursuant to
 paragraph d of subdivision seven of this section.  Upon  approval  of  a
 plan  or  a transmission of a statement to the secretary of state that a
 panel did not approve a plan in any calendar year, the county  CEO  may,
 but  need  not, invite any school district, [board of cooperative educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE,  fire  district,   fire
 protection  district  or  special  improvement district in the county to
 join a panel thereafter convened.
   4. While revising or updating a previously  approved  plan,  or  while
 developing  a new plan, the county CEO shall regularly consult with, and
 take recommendations from, the representatives: on the  panel;  of  each
 collective  bargaining  unit  of  the  county and the cities, towns, and
 villages; and of each collective bargaining unit  of  any  participating
 school  district,  [board  of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE, fire district, fire protection district, or special
 improvement district.
   (5) the number of school districts, [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES, fire districts,  fire  protection
 districts, or other special districts in the county; and
 A. 9760                            150

   (6) the number of school districts, [boards of cooperative educational
 services]  NY  POLYTECHNICAL INSTITUTES, fire districts, fire protection
 districts, or other special districts that participated in a  panel,  as
 reported in a plan.
   §  199.  Subdivision 9 of section 368 of the general municipal law, as
 added by chapter 585 of the laws of 1980, is amended to read as follows:
   9. For the purposes of this section, school district shall be  defined
 to  include a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE, provided however,  that  the  provisions  of  subdivision
 three  of  this  section  shall not apply to such [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES, and provided  further
 that:
   a.  No  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE may perform any of the acts authorized under the provisions of
 this section unless and until (i) a  proposition  is  submitted  to  the
 voters  of any such [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE in accordance with the provisions of subdivision two
 of section nineteen hundred fifty-one of the education law and (ii)  any
 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE  and  all of its component school districts enter into an agreement
 or agreements providing for the performance of any such acts.
   b. No such component school district shall enter into an agreement  or
 agreements  unless  such agreement or agreements have been approved by a
 majority vote of the entire voting strength of the board of education of
 such a component school district.
   c. Any such agreement or agreements shall also provide for the sharing
 of the cost of exploring, developing or producing natural  gas  and  the
 cost  of  the natural gas producing facility among each component school
 district. Such agreement or agreements in addition to providing for  all
 other  matters  deemed necessary and proper shall (i) set forth the cost
 of such exploration, development or production of natural  gas  and  the
 cost  of the natural gas producing facility and costs incidental thereto
 and (ii) provide for an allocation and apportionment of such costs among
 the component school districts on such equitable basis  as  the  parties
 thereto  shall determine and agree, and the proportion of the total cost
 to be provided by each such district in accordance with such  allocation
 and apportionment. Such agreement or agreements shall be executed by all
 the component school districts of such [board of cooperative educational
 services]  NY  POLYTECHNICAL  INSTITUTE  and  such [board of cooperative
 educational services] NY  POLYTECHNICAL  INSTITUTE.  Such  agreement  or
 agreements  may  provide  that  each component school district of such a
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 shall  issue  an agreed upon amount of its obligations in a total amount
 sufficient to acquire or construct such facilities, or that  all  compo-
 nent  districts  of  such  [board]  INSTITUTE shall together issue joint
 obligations pledging  the  full  faith  and  credit  for  all  component
 districts  jointly  and  that  each  such district shall pay a specified
 share of annual debt service on such  joint  obligations  in  accordance
 with  the  provisions  of  article  [five-g]  FIVE-G of this chapter and
 applicable provisions of the local finance law.
   d. Each such component school district is authorized  to  finance  its
 share  of the cost of exploring, developing or producing natural gas and
 the cost of the natural gas producing facility together with  the  costs
 incidental  to such financing, including, but not limited to legal fees,
 printing, engraving and publication of notices, either from any  current
 funds  legally  available  therefor,  or  by the issuance of obligations
 A. 9760                            151
 
 pursuant to the local  finance  law;  provided,  however,  that  (i)  no
 approval  of  the  voters  of  such  component  school district shall be
 required, (ii) the voting of a special tax or a tax to be  collected  in
 installments  shall  not  be  a condition precedent to the adoption of a
 bond resolution for such object or purpose, (iii) a majority vote of the
 entire voting strength of the board of education shall be sufficient for
 adoption of such a bond resolution, which bond resolution may be adopted
 at a regular meeting, or a special meeting of  the  board  of  education
 called  on  not less than twelve hours oral or written notice, which may
 be held either within or outside of such district, (iv)  any  such  bond
 resolution  shall  be  adopted  prior  to the execution by the [board of
 cooperative educational services] NY  POLYTECHNICAL  INSTITUTE  and  the
 component  school  districts  of  such [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE of the agreement required by  para-
 graph b of this subdivision.
   e.  Such agreement shall further provide that title to the natural gas
 producing facility shall vest in the [board of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE which title shall be held by the
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  the  benefit and on behalf of all the component school districts of
 such [board] INSTITUTE executing such agreement.
   f. Nothing herein contained shall be construed to  permit  any  school
 district  in  a  city as defined in subdivision two-b of section 2.00 of
 the local finance law to contract indebtedness for such specific  object
 or  purpose  in  excess of the limitation prescribed by subdivision b of
 section 104.00 of such law, without complying  with  the  provisions  of
 subdivision  c  thereof. A school district, other than a school district
 in a city, may not issue bonds  or  bond  anticipation  notes  for  such
 specific  object  or  purpose  in excess of the limitation prescribed by
 subdivision d of section 104.00 of such law, without complying with  the
 requirements of paragraphs one through three of such subdivision.
   §  200.  Subdivisions  4 and 6 of section 800 of the general municipal
 law, subdivision 4 as amended by chapter 179 of the  laws  of  1971  and
 subdivision  6  as  amended  by  chapter  1043  of the laws of 1965, are
 amended to read as follows:
   4.  "Municipality"  means  a  county,  city,  town,  village,   school
 district,  consolidated health district, county vocational education and
 extension board,  public  library,  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE,  urban  renewal agency, a joint
 water works system established pursuant to chapter  six  hundred  fifty-
 four  of  the laws of nineteen hundred twenty-seven, or a town or county
 improvement district, district corporation, or other district or a joint
 service established for  the  purpose  of  carrying  on,  performing  or
 financing  one  or more improvements or services intended to benefit the
 health, welfare, safety  or  convenience  of  the  inhabitants  of  such
 governmental units or to benefit the real property within such units, an
 industrial  development  agency  but shall have no application to a city
 having a population of one million  or  more  or  to  a  county,  school
 district, or other public agency or facility therein.
   6. "Treasurer" means a county treasurer, city treasurer, town supervi-
 sor,  village treasurer, school district treasurer, fire district treas-
 urer, improvement district treasurer, president of a board of health  of
 a consolidated health district, county vocational educational and exten-
 sion  board  treasurer, treasurer of a [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE, public general hospital treasurer,
 or other officer possessing similar powers and duties.
 A. 9760                            152
 
   § 201. Subdivision 24 of section 10 of the highway law, as amended  by
 chapter 540 of the laws of 1978, is amended to read as follows:
   24.  Have power, whenever such commissioner of transportation deems it
 is necessary as a result of  work  of  construction,  reconstruction  or
 maintenance  of  state  highways, to provide at the expense of the state
 for the removal, relocation, replacement  and  reconstruction  of  water
 mains,  sewer  pipes,  communication systems, fire alarm systems, street
 lighting, traffic control systems and any other similar facilities  that
 are  owned  by any municipality and are maintained for public use and to
 participate in the expense of the removal, relocation,  replacement  and
 reconstruction  of  all  other types of facilities or parts thereof that
 are owned by any municipality and are maintained  for  public  use,  the
 state's  share of such expense not to exceed the appraised value of such
 facilities or parts thereof, as the case may be, as  determined  by  the
 commissioner  of  transportation. However, in connection with any feder-
 ally funded highway project,  the  commissioner  of  transportation  may
 agree  to  pay  an  amount not to exceed the state's share, based on its
 proportionate share of the cost of the entire highway  project,  of  the
 functional  replacement cost of any of the aforesaid facilities owned by
 any municipal corporation, school district, [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE, public benefit  corporation
 or  any  other  state or municipal governmental agency where the federal
 government agrees to pay its share of such functional replacement  cost,
 which  shall  be  based  on  its  proportionate share of the cost of the
 entire project. If such work requires additional property or  if  it  is
 necessary  that the relocation of such facilities be made to other prop-
 erty, he may acquire such property as may be necessary for the  purposes
 of  this  subdivision,  in the same manner as other property is acquired
 for state highway purposes pursuant to this chapter, and  he  may  enter
 into  a  written agreement with the municipality involved to convey such
 property as deemed necessary for the purposes  of  this  subdivision  to
 such  municipality on terms beneficial to the state. The expense of such
 removal, relocation, replacement and reconstruction or the state's share
 thereof, as the case may be, shall be  a  proper  charge  against  funds
 available  for  the construction, reconstruction or maintenance of state
 highways, and such work may be performed by contract in the same  manner
 as  provided for state highways in article three of this chapter, or, by
 the use of departmental forces and equipment and of materials  purchased
 therefor.  However, if the commissioner of transportation deems it to be
 in  the  interest  of the public, he may contract with the municipality,
 upon such terms as he may deem advantageous to the state, to  have  such
 work  performed  (a)  by the employment of the forces and the use of the
 equipment of such municipality and by the use of any material on hand or
 necessary to be purchased by such municipality  or  (b)  by  such  other
 method  as such commissioner of transportation shall approve or (c) by a
 combination of the methods provided in this subdivision. Any such  muni-
 cipality  is  hereby  authorized  to  enter  into  such contract for the
 purposes of this subdivision. In all  cases  pursuant  to  this  section
 where  the  state  is to pay part of the expense of removal, relocation,
 replacement and reconstruction of any facilities  that  are  municipally
 owned and that are maintained for public use, the commissioner of trans-
 portation,  if  he deems it in the best interest of the state, may offer
 to remove, relocate, replace or  reconstruct  such  facilities  and  may
 prepare  plans,  specifications  and estimates of cost of such projects,
 together with an estimate of the share of the expense to be borne by the
 municipality, which shall be submitted to the governing  board  of  such
 A. 9760                            153
 
 municipality.  If  the  municipality approves such plans, specifications
 and estimates of cost and share of the expense, it shall  by  resolution
 appropriate  the  funds  necessary  to  pay  its share of the expense. A
 certified copy of the resolution shall be filed with the commissioner of
 transportation and with the state comptroller and the funds shall, prior
 to  the  award  of a contract, be deposited by the municipality with the
 state comptroller subject to the draft or requisition of the commission-
 er of transportation. Upon the completion and  acceptance  of  the  work
 such facilities shall be maintained by the municipality. As used in this
 subdivision,  the  term  "municipality"  shall  include  a  public water
 authority.
   § 202. Paragraph 37 and subparagraph (C) of paragraph 51 of subsection
 (a) of section 107 of the insurance law, paragraph  37  as  amended  and
 subparagraph  (C) of paragraph 51 as added by chapter 220 of the laws of
 1986, are amended to read as follows:
   (37) "Reciprocal insurer" means any aggregation of persons,  firms  or
 corporations  or,  in the alternative, New York counties, towns, cities,
 villages, district  corporations  (as  defined  in  paragraph  three  of
 section  2.00 of the local finance law), or school districts and [boards
 of cooperative educational services] NY POLYTECHNICAL INSTITUTES, called
 "subscribers" in article sixty-one of this chapter, who or which under a
 common name engage in the  business  of  inter-insurance  or  exchanging
 contracts  of  insurance  on the reciprocal plan through an attorney-in-
 fact having authority to obligate the subscribers severally, within such
 limits as may lawfully be specified in the  subscriber's  agreement,  on
 contracts  of  insurance  made  with  any  subscriber  as a policyholder
 through such attorney-in-fact acting on behalf of all other subscribers.
 Such term includes any reciprocal or inter-insurance exchange, by  what-
 ever name known, and any reference thereto as an insurer shall be deemed
 to  mean  any  such  aggregation  of inter-insurers operating through an
 attorney-in-fact individually and collectively as an insurance organiza-
 tion for the benefit of its policyholders.
   (C) a school district, [board of cooperative educational services]  NY
 POLYTECHNICAL  INSTITUTE or any other governmental entity or combination
 or association of  governmental  entities  operating  a  public  school,
 college, community college or university;
   §  203.  Subsection (f) of section 4702 of the insurance law, as added
 by chapter 689 of the laws of 1994, is amended to read as follows:
   (f) "Municipal corporation" means within the state of New York, a city
 with a population of less than one million or a county outside the  city
 of  New York, town, village, [board of cooperative educational services]
 NY POLYTECHNICAL  INSTITUTE,  school  district,  a  public  library,  as
 defined  in  section  two  hundred  fifty-three of the education law, or
 district, as defined in section one hundred nineteen-n  of  the  general
 municipal law.
   § 204. Subsection (a) of section 6102 of the insurance law, as amended
 by chapter 389 of the laws of 2010, is amended to read as follows:
   (a)  Twenty-five  or more persons, firms and corporations, each having
 the qualifications of subscribers as prescribed  in  this  article,  may
 organize  a  reciprocal insurer to do any one or more of the basic kinds
 of insurance set forth in subsection (a) of section  four  thousand  one
 hundred  one of this chapter or, in the alternative, twenty-five or more
 New York counties, towns, cities, villages,  district  corporations  (as
 defined in paragraph three of section 2.00 of the local finance law), or
 school  districts  and  [boards  of cooperative educational services] NY
 POLYTECHNICAL INSTITUTES, each having the qualifications of  subscribers
 A. 9760                            154
 
 as prescribed in this article, may organize statewide municipal recipro-
 cal  insurers to provide any one or more of the basic kinds of insurance
 set forth in subsection (a) of section four thousand one hundred one  of
 this  chapter,  except  workers'  compensation and employers' liability,
 fidelity and surety other than official undertakings conditioned for the
 faithful performance of official duties as referenced in section  eleven
 of  the  public  officers  law and required by related provisions of the
 county, town, and village laws, credit  and  marine  and  inland  marine
 (except  as  authorized by the provisions of paragraph two of subsection
 (b) of section four thousand one hundred two of this chapter) insurance.
 Such an insurer shall be called, for purposes of this chapter, a "munic-
 ipal reciprocal insurer" and shall be subject to all the  provisions  of
 this  chapter  applicable  to  a  reciprocal  insurer,  except where the
 context otherwise requires.  However, any reciprocal insurer  authorized
 to do the business of workers' compensation insurance shall be deemed to
 be a mutual carrier within the meaning of the definition of that term in
 section  one  hundred  six of the workers' compensation law and shall be
 subject to the provisions of article six-A of such law.
   § 205. Subdivisions 2, 3 and 9 of section 12  of  the  labor  law,  as
 amended  by  chapter  325  of  the  laws of 2016, are amended to read as
 follows:
   2. When it is jointly determined by the department and  the  education
 department  that  labor  market information or forward-facing employment
 data prepared by the department is adequate in this prepared  form,  the
 department  shall transmit a copy of such information and data to: every
 school district in the state of New  York  maintaining  approved  career
 education programs, with a list of such school districts to be furnished
 to  the  department by the education department; every [board of cooper-
 ative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  maintaining
 approved career education programs, with a list of such [boards of coop-
 erative   educational   services]  NY  POLYTECHNICAL  INSTITUTES  to  be
 furnished to the department  by  the  education  department;  and  every
 community  college and agricultural and technical institute in the state
 of New York maintaining approved career education programs, with a  list
 of such colleges and institutes to be furnished to the department by the
 education  department.  The  education department shall regularly update
 such lists to keep them current and transmit changes to  the  department
 expeditiously.
   3.  The commissioner shall transmit to those school districts, [boards
 of cooperative educational services]  NY  POLYTECHNICAL  INSTITUTES  and
 community  colleges  and  agricultural  and technical institutes located
 within a particular labor  market  area,  labor  market  information  or
 forward-facing employment data compiled for that area.
   9. It shall be the responsibility of such school districts, [boards of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTES,  and
 community colleges and agricultural and technical institutes in  receipt
 of  such  publications  and  sources  of  labor  market  information  or
 forward-facing employment data enumerated in  this  section  to  provide
 copies  of  such  labor  market information or forward-facing employment
 data to those individuals responsible  for  vocational  and  educational
 guidance  at  such  school districts, [boards of cooperative educational
 services] NY POLYTECHNICAL INSTITUTES, community colleges  and  agricul-
 tural and technical institutes.
   §  206.  Subdivision  3  of  section  42 of the labor law, as added by
 section 6 of part E of chapter 389 of the laws of 1997,  is  amended  to
 read as follows:
 A. 9760                            155
 
   3.  Subject to the limits of available moneys for this program and the
 approval of the director of the budget, the commissioner,  in  consulta-
 tion with the commissioner of education, shall select and make contracts
 with  preference  to  employment  and training providers who have demon-
 strated  effectiveness in serving disadvantaged youth for the purpose of
 conducting local projects. Such  moneys  may  be  used  for  contractors
 selected  on  a competitive basis consistent with executive order number
 one hundred twenty-seven which expedites and simplifies contracting with
 not-for-profit agencies. Such employment and  training  providers  shall
 only  include  not-for-profit  community based organizations, [boards of
 cooperative educational services] NY POLYTECHNICAL INSTITUTES, post-sec-
 ondary educational agencies, grant recipients or administrative entities
 of the service delivery areas (hereinafter referred to as SDAs), as  may
 be  defined  by  the  Federal  Job Training Partnership Act (hereinafter
 referred to as JTPA) or its successor program or in the absence of such,
 as defined by  the  commissioner,  joint  apprentice  committees,  labor
 organizations,   and  public  and  private  employers.    Preference  in
 selection of such contractors shall be given to  qualified  and  experi-
 enced  community  based  organizations with proven ability to administer
 such programs.
   § 207. Paragraph (a) of subdivision 1 of section 475 of the labor law,
 as added by chapter 288 of the laws of  1988,  is  amended  to  read  as
 follows:
   (a)  For  the purposes of this section places of public assembly shall
 be those with an occupancy capacity of at least  five  thousand  persons
 and shall include: (i) all stadiums, ballparks, gymnasiums, fieldhouses,
 arenas,  civic  centers  and  similar facilities used for the conduct of
 sporting events; and (ii) concert halls, recital halls, theatres, indoor
 and outdoor amphitheatres or other auditoriums used for the presentation
 of musical renditions or concerts by living persons who  appear  in  the
 immediate presence of their audience and which rely primarily for effect
 on  the  use  of electronic amplification of accompaniment and principal
 voice or instrument together with visual and other special  effects  and
 whose  musical  renditions or concerts are represented by the performers
 to be, or advertised by the management of such halls,  theatres,  amphi-
 theatres  or  auditoriums  as,  rock and/or rapp renditions or concerts.
 Such places of public assembly shall include the means of ingress there-
 to and egress therefrom. Places of public  assembly  shall  not  include
 halls  owned by churches, religious organizations, granges, public asso-
 ciations, free libraries as defined by section two  hundred  fifty-three
 of  the  education  law,  and facilities for the performance of sporting
 events or rock and/or rapp musical renditions owned and used  by  public
 and  nonpublic  primary and secondary schools and [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES.
   § 208. Subparagraph (iii) of paragraph (c) of subdivision 2 of section
 591-a of the labor law, as amended by chapter 398 of the laws  of  2018,
 is amended to read as follows:
   (iii)  are  participating  in  self-employment  assistance  activities
 approved by the department and by the department of economic development
 which include but need not be limited to entrepreneurial training, busi-
 ness counseling, and technical assistance, including  financing  assist-
 ance  for qualified individuals as appropriate, offered by entrepreneur-
 ship assistance centers established  pursuant  to  section  two  hundred
 eleven  of  the  economic  development law, state university of New York
 small business development centers, programs offered by  community-based
 organizations,  local  development  corporations, and [boards of cooper-
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 ative educational  services  (BOCES)]  NY  POLYTECHNICAL  INSTITUTES  as
 established  pursuant  to section one thousand nine hundred fifty of the
 education law; and, unless otherwise required by federal  law  or  regu-
 lation,  no  individual  shall  be  prohibited from or disqualified from
 eligibility for the program if prior to applying  for  the  program,  an
 individual  has printed business cards or has a website that is designed
 but not active, and neither are being used to solicit or  conduct  busi-
 ness;
   § 209. The second closing paragraph of subdivision 5 of section 651 of
 the labor law, as amended by chapter 481 of the laws of 2010, is amended
 to read as follows:
   "Employee"  also includes any individual employed or permitted to work
 in any non-teaching capacity by a school district or [board  of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE except that the
 provisions of sections  six  hundred  fifty-three  through  six  hundred
 fifty-nine of this article shall not be applicable in any such case.
   §  210.  Paragraph  (a) of subdivision 1 of section 816-b of the labor
 law, as added by chapter 571 of the laws of 2001, is amended to read  as
 follows:
   (a)  "governmental  entity" shall mean the state, any state agency, as
 that term is defined in section two-a of the state finance law,  munici-
 pal  corporation, commission appointed pursuant to law, school district,
 district corporation, board of education, [board of  cooperative  educa-
 tional services] NY POLYTECHNICAL INSTITUTE, soil conservation district,
 and public benefit corporation; and
   §  211.  Subdivision  2-c of section 2.00 of the local finance law, as
 added by chapter 914 of the laws of 1977, is amended to read as follows:
   2-c. The term ["board of cooperative educational services"] "NY  POLY-
 TECHNICAL  INSTITUTE"  shall  mean any [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE, as  defined  in  section  nineteen
 hundred  fifty  of  the education law, and such [board] INSTITUTE shall,
 solely for the purpose of contracting indebtedness pursuant  to  section
 25.00 of this chapter, be deemed to be a school district.
   §  212.  Paragraph 29-a of subdivision a of section 11.00 of the local
 finance law, as amended by section 8 of subpart A of part B  of  chapter
 56 of the laws of 2022, is amended to read as follows:
   29-a.  Transit motor vehicles. The purchase of municipally owned omni-
 bus or similar surface  transit  motor  vehicles,  ten  years;  and  the
 purchase  of  zero-emission  school  buses  owned  by  a school district
 defined pursuant to paragraph two of section 2.00  of  this  chapter,  a
 city  school district with a population of more than one hundred twenty-
 five  thousand  inhabitants,  or  [board  of   cooperative   educational
 services] NY POLYTECHNICAL INSTITUTE, twelve years.
   § 213. Paragraph i of section 25.00 of the local finance law, as added
 by chapter 914 of the laws of 1977, is amended to read as follows:
   i.  (a) A [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE may issue revenue anticipation notes, as authorized  by  para-
 graph  g  of  subdivision  four of section nineteen hundred fifty of the
 education law, in anticipation of money to be received from  the  state,
 the  United  States  government, and from its component school districts
 for services or for administrative and clerical expenses.
   (b) For the purposes of this [subdivision] PARAGRAPH i,  and  for  the
 purposes  of  sections  30.00  and  39.00 and titles four, five, six and
 twelve of this chapter, the [board of cooperative educational  services]
 NY  POLYTECHNICAL  INSTITUTE  shall  be the finance board, its president
 shall be its chief fiscal officer, and its  fiscal  year  shall  be  the
 A. 9760                            157
 
 fiscal  year  of its component school districts; provided, further, that
 the provision of section 162.00 of this chapter shall be  applicable  to
 revenue anticipation notes issued under this [subdivision] PARAGRAPH.
   § 214. Subdivisions (j) and (l) of section 19.07 of the mental hygiene
 law,  subdivision  (j) as amended by chapter 146 of the laws of 2014 and
 subdivision (l) as added by chapter 323 of the laws of 2018, are amended
 to read as follows:
   (j) The office, in consultation with the state  education  department,
 shall identify or develop materials on problem gambling among school-age
 youth  which  may be used by school districts and [boards of cooperative
 educational services] NY POLYTECHNICAL INSTITUTES, at their  option,  to
 educate  students on the dangers and consequences of problem gambling as
 they deem appropriate.  Such materials shall be available on the  inter-
 net  website  of the state education department. The internet website of
 the office shall provide a hyperlink to the internet page of  the  state
 education department that displays such materials.
   (l)  The office of [alcoholism and substance abuse services] ADDICTION
 SERVICES AND SUPPORTS, in consultation with the state education  depart-
 ment,  shall  develop  or  utilize  existing educational materials to be
 provided to school districts  and  [boards  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTES  for  use  in addition to or in
 conjunction with any drug and alcohol related curriculum  regarding  the
 misuse  and abuse of alcohol, tobacco, prescription medication and other
 drugs with an increased focus on  substances  that  are  most  prevalent
 among school aged youth as such term is defined in section eight hundred
 four  of  the education law. Such materials shall be age appropriate for
 school age children, and to the extent practicable, shall include infor-
 mation or resources for  parents  to  identify  the  warning  signs  and
 address the risks of substance abuse.
   §  215.  Subparagraph 5 of paragraph (b) and subparagraph (i) of para-
 graph (d) of subdivision 17 of section 1005 of  the  public  authorities
 law, as added by chapter 477 of the laws of 2009 and such subdivision as
 renumbered  by  section 16 of part CC of chapter 60 of the laws of 2011,
 are amended to read as follows:
   (5) "Public entity" means an agency, public authority, public  benefit
 corporation, public corporation, municipal corporation, school district,
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 public university,  fire  district,  district  corporation,  or  special
 improvement district governed by a separate board of commissioners.
   (i)  Notwithstanding  any  other provision of law to the contrary, any
 energy services contract entered into by the authority with  any  public
 entity:  (1)  may  have  a  term  of  up  to thirty-five years duration,
 provided, however, that the duration of  any  such  contract  shall  not
 exceed  the  reasonably expected useful life of any facilities or equip-
 ment constructed, installed or operated as part of  such  energy-related
 projects,  programs and services subject to such contract; and (2) shall
 contain the following clause: "This contract shall be  deemed  executory
 only  to  the  extent  of  the monies appropriated and available for the
 purpose of the contract, and no liability on account therefor  shall  be
 incurred beyond the amount of such monies. It is understood that neither
 this  contract  nor any representation by any public employee or officer
 creates any legal or moral obligation to request,  appropriate  or  make
 available  monies for the purpose of the contract." A school district or
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 may  only  enter into an energy services contract with the authority for
 such maximum term as is prescribed in the regulations promulgated by the
 A. 9760                            158
 
 commissioner of education or the useful life of the facilities or equip-
 ment being constructed, installed or operated, whichever is less.
   §  216.  Paragraph  (d) of subdivision 2 of section 1676 of the public
 authorities law, as amended by chapter 538  of  the  laws  of  1978,  is
 amended to read as follows:
   (d)  It  shall  also  include,  a  [board  of  cooperative educational
 services] NY POLYTECHNICAL  INSTITUTE  school  facility,  any  building,
 library, laboratory, classroom or other building or structure essential,
 necessary  or useful for instruction in a program of any [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE and located  in
 the state of New York.
   § 217. Section 1676-a of the public authorities law, as added by chap-
 ter 769 of the laws of 1978, is amended to read as follows:
   §  1676-a.  Payment on authority public work projects. Notwithstanding
 the provisions of any other law  to  the  contrary,  all  contracts  for
 public  work  awarded  by the dormitory authority pursuant to this title
 shall be in accordance with section one  hundred  thirty-nine-f  of  the
 state  finance law. For the purposes of this section, public work by the
 dormitory authority shall include but not be limited to the construction
 of dormitories and other related structures as defined in paragraph a of
 subdivision two of section sixteen hundred seventy-six  of  this  title,
 [boards of cooperative educational services] NY POLYTECHNICAL INSTITUTES
 as  defined in paragraph d of subdivision two of section sixteen hundred
 seventy-six of this  title,  locally  sponsored  community  colleges  as
 defined  in  subdivision seven of section sixteen hundred seventy-six of
 this title, and the city university as defined in subdivision  eight  of
 section sixteen hundred seventy-six of this title.
   §  218.  Subdivision 15 of section 1678 of the public authorities law,
 as amended by chapter 101 of the laws of 1976, is  amended  to  read  as
 follows:
   15. The authority shall, notwithstanding any other law, have the power
 to  mortgage,  pledge  or  assign  any  real or personal property of any
 dormitory or [board of cooperative educational services] NY  POLYTECHNI-
 CAL  INSTITUTE  school  facility  as and to the extent authorized by any
 agreement or lease between the authority and any educational institution
 as defined in section sixteen hundred eighty of this title or any [board
 of cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTE  to
 secure any and all liabilities of such educational institution or [board
 of  cooperative  educational  services] NY POLYTECHNICAL INSTITUTE under
 such agreement or lease in respect of such dormitory or [board of  coop-
 erative  educational  services]  NY POLYTECHNICAL INSTITUTE facility not
 theretofore paid or discharged, or other real or  personal  property  of
 the authority. Any such mortgage, pledge or assignment by the authority,
 unless  otherwise  provided  therein,  shall be superior to any right an
 educational institution or a [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE may have with respect to the property subject
 to such mortgage, pledge or assignment, and upon foreclosure of any such
 mortgage or enforcement of any such pledge or assignment any such  right
 shall be extinguished.
   § 219. Section 1689 of the public authorities law, as added by chapter
 795  of the laws of 1967, subdivision 1 as amended by chapter 301 of the
 laws of 1996, subdivision 6 as amended by chapter 817  of  the  laws  of
 1976,  subdivision 9 as amended by section 56 of part C of chapter 57 of
 the laws of 2004, paragraph d of subdivision 10 as added and subdivision
 12 as renumbered by chapter 37 of the laws of 1976,  subdivision  12  as
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 added  by chapter 885 of the laws of 1968 and subdivision 13 as added by
 chapter 101 of the laws of 1976, is amended to read as follows:
   §  1689.  [Board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE school facilities. 1.  For all the purposes  of  this  section
 [sixteen  hundred  eighty-nine]  the  term ["board of cooperative educa-
 tional services] "NY POLYTECHNICAL INSTITUTE  school  facilities"  shall
 mean  any  interest in real property, any building, library, laboratory,
 classroom, or other building or structure essential, necessary or useful
 in a career education or other program  of  any  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE.
   2.  a.  The authority is hereby authorized and empowered upon applica-
 tion of the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE concerned to construct, acquire, reconstruct, rehabilitate and
 improve, and furnish and equip or otherwise provide a [board of  cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE school facility.
 The [board] INSTITUTE for whose students any such [board of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  school facility is
 intended to be provided shall approve plans and specifications  and  the
 location  of  such  [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE facilities. The authority shall have the same  power
 and  authority  in  respect  to  such  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE school facilities erected  pursuant
 to this section that it has relative to dormitories.
   b.  The  authority  shall  have  power  to acquire, in the name of the
 authority, on terms necessary or convenient by  purchase,  condemnation,
 gift  or  devise,  real property, leasehold interest in real property or
 rights of easement in relation to the [board of cooperative  educational
 services]  NY POLYTECHNICAL INSTITUTE school facilities erected pursuant
 to this section.
   c. When authorized by the voters of the [board of  cooperative  educa-
 tional  services]  NY POLYTECHNICAL INSTITUTE, any [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE  shall  have  power  to
 convey  to the authority real property, leasehold interest in real prop-
 erty or rights of easement, the title of which is vested in the  [board]
 INSTITUTE,   in  relation  to  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE school  facilities  to  be  erected
 pursuant to this section, and, when so authorized, any [board of cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE shall have power
 to enter into any  lease  or  other  agreement  with  the  authority  in
 connection  with  the  provision  of a [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE school facility.
   d. The authority shall have power to accept gifts of real and personal
 property in the name of the authority for the purposes of this section.
   e. The authority may lease any such [board of cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE school facilities to the [board]
 INSTITUTE for which such [board of cooperative educational services]  NY
 POLYTECHNICAL  INSTITUTE  school facilities are erected. At such time as
 the liabilities of the authority incurred for any such [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE school facilities
 have been discharged and the bonds of the authority issued therefor have
 been paid or such liabilities and bonds have otherwise been  discharged,
 the  authority shall transfer title to all real and personal property of
 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE school facilities vested in the authority to the [board]  INSTITUTE
 to which such [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE school facilities are then leased, provided, however, that
 A. 9760                            160
 
 if at such time the [board of cooperative educational services] NY POLY-
 TECHNICAL  INSTITUTE  school  facilities  are not located in any [board]
 INSTITUTE or any successor thereto in the state of New York,  then  such
 title shall vest in the people of the state of New York.
   f. Any lease of a [board of cooperative educational services] NY POLY-
 TECHNICAL  INSTITUTE  school  facility  authorized  by  this section may
 contain provisions which shall be a part of the contract with the holder
 of the bonds of the authority issued  for  such  [board  of  cooperative
 educational services] NY POLYTECHNICAL INSTITUTE school facility, as to
   (1)  pledging all or any part of the moneys, income or revenues of the
 lessee or other personal property of  the  lessee,  to  secure  payments
 required under the terms of such lease;
   (2)  the  setting  aside of reserves and the creation of special funds
 and the regulation and disposition thereof;
   (3) the procedure, if any, by which the terms of  such  lease  may  be
 amended,  the amount of bonds the holders of which must consent thereto,
 and the manner in which such consent may be given;
   (4) vesting in  a  trustee  or  trustees  such  specified  properties,
 rights,  powers and duties as shall be deemed necessary or desirable for
 the security of the holders of the bonds of  the  authority  issued  for
 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE school facilities;
   (5)  the  obligations  of  the lessee with respect to the replacement,
 reconstruction, maintenance, operations, repairs and insurance  of  such
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 school facilities;
   (6) defining the acts or omissions to act  which  shall  constitute  a
 default  in  the obligations and duties of the lessee, and providing for
 the rights and remedies of the authority and of its bondholders  in  the
 event of such default;
   (7)  any  other  matters, of like or different character, which may be
 deemed necessary or desirable for the  security  or  protection  of  the
 authority or the holders of its bonds.
   3.  Whenever the authority under the provisions of this section under-
 takes to construct or otherwise provide a [board of  cooperative  educa-
 tional services] NY POLYTECHNICAL INSTITUTE school facility and to lease
 the same to a [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE, such lease shall be the general obligation of the [board]
 INSTITUTE  and  any  successor thereto. Such lessee shall be responsible
 for the direct costs of operation, maintenance, repair  and  replacement
 of  such  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE school facility, and in addition shall be responsible for  the
 over-all supervision of each [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE school facility, for the overhead and general
 administrative  costs  of  the lessee which are incurred because of such
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 school  facility  and  for the integration of the operation of each such
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 school facility into the lessee's educational program.
   4.  All  the  provisions  of this title four not inconsistent with the
 provisions of this section [sixteen hundred eighty-nine] shall be appli-
 cable with respect to any bonds of the authority issued to obtain  funds
 for  any  purpose authorized under this section [sixteen hundred eighty-
 nine] and with respect to the powers of the authority hereunder.
   5. To obtain funds for the purposes of  this  section,  the  authority
 shall have power from time to time to issue negotiable bonds or notes of
 A. 9760                            161
 
 the authority. Unless the context shall clearly indicate otherwise when-
 ever  the  words  "bond" or "bonds" are used in this section, such words
 shall include a note or notes of the authority.
   6.  Any  pledge  of  or  other  security interest in moneys, earnings,
 income, revenues, accounts,  contract  rights,  general  intangibles  or
 other personal property made or created by the authority shall be valid,
 binding  and  perfected from the time when such pledge or other security
 interest attaches, without any physical delivery of  the  collateral  or
 further  act.  The  lien  of  any such pledge or other security interest
 shall be valid, binding and perfected  as  against  all  parties  having
 claims  of any kind in tort, contract or otherwise against the authority
 irrespective of whether or not such  parties  have  notice  thereof.  No
 instrument  by which such a pledge or other security interest is created
 nor any financing statement need be recorded or filed. This  subdivision
 shall  apply  notwithstanding  the  provisions of the uniform commercial
 code.
   7. Whenever the authority undertakes  under  the  provisions  of  this
 section  to  construct,  acquire, reconstruct, rehabilitate and improve,
 and furnish and equip or  otherwise  provide  a  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE school facility, each
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 in   connection  with  which  such  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE school facility is built is author-
 ized to assign and pledge to the authority a sufficient portion  of  any
 and  all  public funds to be apportioned or otherwise to be made payable
 by the state of New  York  to  the  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE  to  cover the payments required
 under the lease between the authority  and  the  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL INSTITUTE. All state and local
 officials concerned are hereby authorized to apportion and pay all  such
 funds  so  assigned  and  pledged  to the authority. Such assignment and
 pledge by any [board of cooperative educational services] NY POLYTECHNI-
 CAL INSTITUTE shall be irrevocable and shall continue until the date  on
 which  the  liabilities  of the authority and any such [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE school facilities
 have been discharged and the bonds of the authority issued therefor have
 been paid or such bonds have otherwise been discharged.
   8. No [board of cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE  school facility shall be constructed or otherwise provided by
 the authority under the provisions of this section  unless  approved  by
 the  voters  of the [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE and unless any and all necessary  approvals  of  the
 commissioner of education under section four hundred eight of the educa-
 tion law have been obtained.
   9.  Any  payment required to be made by a [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE to the  authority  shall  be
 deemed  an  administrative  or  capital  expense  within  the meaning of
 section nineteen hundred fifty of the education law.
   10. a. The total amount payable annually to the authority by a [board]
 INSTITUTE shall be certified by the authority  to  the  commissioner  of
 education  and  the  authority shall annually prepare and certify to the
 commissioner of education a statement of the total amount  necessary  to
 be paid by all [boards of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTES for the ensuing school year.
   b.  The  commissioner  of  education  shall include in the certificate
 which he files with the state comptroller showing the  amount  of  state
 A. 9760                            162
 
 funds  apportioned to the [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE a statement showing the amount to be owed by the
 [board] INSTITUTE to the authority for the ensuing school year.
   c.  The comptroller shall deduct from any state funds to become due to
 any such [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE  an  amount  equal  to  the amount required to be paid by such
 [board] INSTITUTE to the authority as shown by the  certificate  of  the
 commissioner  of  education  filed  with  the comptroller as required by
 paragraph b of this subdivision.
   d. The state of New York hereby covenants with the purchasers, holders
 and owners from time to time of the bonds of the authority that it  will
 not  repeal,  revoke,  rescind,  modify  or amend the provisions of this
 subdivision ten so as to limit, impair or impede the rights and remedies
 granted hereby or  otherwise  diminish  the  security  pledged  to  such
 purchasers,  holders  and owners or significantly impair the prospect of
 payment of any such bond, nor shall any lien or  charge  on  or  pledge,
 assignment, diversion, withholding, payment or other use of or deduction
 from  any  state  funds due or to become due or appropriated to or to be
 appropriated to or to be apportioned and paid to any [board  of  cooper-
 ative  educational services] NY POLYTECHNICAL INSTITUTE be created which
 is prior in time or superior in right to the deduction required by para-
 graph c of this subdivision;  provided,  however,  that  nothing  herein
 contained shall be deemed or construed as requiring the state to contin-
 ue  the  payment of the state aid or assistance to any [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE or as limiting or
 prohibiting the state from repealing or amending any law theretofore  or
 hereafter  enacted  providing  for the payment or apportionment of state
 aid to a [board of cooperative educational  services]  NY  POLYTECHNICAL
 INSTITUTE or the manner, time or amount thereof.
   11. In the event that the amount paid to the authority pursuant to the
 provisions  of  subdivision  ten of this section is insufficient to meet
 any payment required by the [board of cooperative educational  services]
 NY  POLYTECHNICAL  INSTITUTE  to the authority any such amount still due
 and owing shall be paid directly to the authority by the [board]  INSTI-
 TUTE.
   12.  (a) After: (i) a proposition has been approved by the voters of a
 [board of cooperative educational services] NY  POLYTECHNICAL  INSTITUTE
 for  the construction or providing by the authority of a [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE school facility
 or facilities and any and all necessary approvals of the commissioner of
 education have been obtained, all as provided by  subdivision  eight  of
 this  section;  (ii)  an agreement and a lease have been executed by and
 between such [board of cooperative educational services] NY  POLYTECHNI-
 CAL  INSTITUTE  and the dormitory authority relating to the construction
 or  otherwise  providing  of  such  [board  of  cooperative  educational
 services]  NY POLYTECHNICAL INSTITUTE school facility or facilities, the
 leasing thereof by the dormitory authority to such [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE and the financing ther-
 eof by the dormitory authority by the issuance of its  obligations;  and
 (iii)  the  dormitory  authority  has adopted its resolution authorizing
 obligations of the dormitory authority for such purpose,  the  dormitory
 authority  may determine to provide that the validity of such agreement,
 lease, resolution of the authority authorizing  the  issuance  of  obli-
 gations  and  the obligations authorized and issued pursuant thereto may
 be contested only if:
 A. 9760                            163
 
   1. Such agreement, lease, resolution and the obligations to be  issued
 pursuant  to  such resolution are authorized for a [board of cooperative
 educational services] NY  POLYTECHNICAL  INSTITUTE  school  facility  or
 facilities  for which the [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE  and the dormitory authority are not authorized
 to execute an agreement and a lease or for which the dormitory authority
 is not authorized to issue obligations, or
   2. The provisions of law which should be complied with at the date  of
 the publication of the notice hereinafter provided for, are not substan-
 tially  complied with, and an action, suit or proceeding contesting such
 validity is commenced within twenty days after the date of such publica-
 tion, or
   3. Such obligations are authorized in violation of the  provisions  of
 the constitution.
   (b)  If  the  dormitory  authority  shall  determine  to  utilize  the
 provisions of this subdivision, the dormitory authority shall publish or
 shall cause a notice to be published in the manner hereinafter provided,
 which notice shall be in substantially the following form:
   The (here insert the name of the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE) and the dormitory authority of the
 state  of  New York have entered into an agreement dated as of the -----
 day of -----, 19---, and a lease dated as of the  -----  day  of  -----,
 19---, and the dormitory authority has adopted a resolution on the -----
 day  of  -----, 19---, and the validity of such agreement, lease, resol-
 ution and the obligations  issued  pursuant  thereto  may  be  hereafter
 contested  only if such agreement, lease, resolution and the obligations
 issued pursuant thereto were authorized  for  a  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  school facility or
 facilities for which such [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE and the dormitory authority are  not  authorized
 to  enter into an agreement, lease and for which the dormitory authority
 is not authorized to issue such obligations or if the provisions of  law
 which  should  have  been complied with as of the date of publication of
 this notice were not substantially complied with, and an action, suit or
 proceeding contesting such validity  is  commenced  within  twenty  days
 after  the  date of publication of this notice, or such obligations were
 authorized in violation of the provisions of the constitution.
   By such agreement and lease such  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE and the dormitory authority have
 agreed that the dormitory authority shall provide the [board of  cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE school facility
 or facilities described therein,  that  the  dormitory  authority  shall
 lease  the  same  to such [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE,  which  [board  of   cooperative   educational
 services]  NY POLYTECHNICAL INSTITUTE shall pay annual rentals as agreed
 upon in such lease sufficient to pay the principal of  and  interest  on
 the  obligations  of  the  authority  issued to finance such facility or
 facilities, the amounts required by such  resolution  to  establish  and
 maintain  the  reserve  funds,  if any, required by such resolution, any
 expenditures of the authority for insurance, fees and expenses of audit-
 ing and fees and expenses of the trustee, all as required by the  resol-
 ution, all other expenditures reasonably and necessarily incurred by the
 authority  by  reason  of  its  ownership,  financing and leasing of the
 project and the annual administrative fee payable to the authority. Such
 resolution authorizes an issue of $----- obligations of  the  authority,
 which  amount  is  equal  to  the  sum  of:  (i)  the  estimated cost of
 A. 9760                            164
 
 construction and equipment of such  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE school facility or facilities after
 first  deducting  federal  grants-in-aid to be received; (ii) the amount
 required  by  the authority, if any, to be paid to reserve funds created
 by the resolution of the authority authorizing the bonds; and (iii)  the
 amounts  required  to make payments for legal, financing, administrative
 and other costs and expenses of the authority in  connection  with  such
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 school facilities and the financing thereof.
   Executed counterparts of such agreement and lease and a certified copy
 of the resolution of the  dormitory  authority  authorizing  such  obli-
 gations are on file in the office of the clerk of such [board of cooper-
 ative  educational  services] NY POLYTECHNICAL INSTITUTE at (here insert
 the address of the office of such clerk) and at the office of the dormi-
 tory authority (here insert the address of such office) and  such  docu-
 ments may be inspected at either of said offices during regular business
 hours.
                    DORMITORY AUTHORITY OF THE STATE OF
                 NEW YORK and (here insert the name of the
                [board of cooperative educational services]
                        NY POLYTECHNICAL INSTITUTE)
   (c) The notice described in subparagraph (b) of this subdivision shall
 be  published  once in each of two newspapers, if there shall be two, or
 in one newspaper, if there shall be but one, having general  circulation
 within  the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE, but if no newspaper shall then have general circulation ther-
 ein, such notice shall be posted in at least twenty of the  most  public
 places  in said [board of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTE.
   (d) After the publication of such notice, the validity  of  the  obli-
 gations authorized thereby may be contested only if:
   1.  Such  agreement,  lease,  resolution  of  the  dormitory authority
 authorizing the  obligations,  and  the  obligations  of  the  dormitory
 authority  were  authorized  for  a  [board  of  cooperative educational
 services] NY POLYTECHNICAL INSTITUTE school facility or  facilities  for
 which  such [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE and the dormitory authority were not authorized to execute  an
 agreement  and  a  lease  or  for  which  the dormitory authority is not
 authorized to issue obligations, or
   2. The provisions of law which should be complied with at the date  of
 publication of the notice hereinabove provided for, are not substantial-
 ly  complied  with,  and  an  action, suit or proceeding contesting such
 validity is commenced within twenty days after the date of such publica-
 tion, or
   3. Such obligations are authorized in violation of the  provisions  of
 the constitution.
   (e)  If  an action, suit or proceeding contesting the validity of such
 agreement, lease, resolution authorizing the obligations  or  the  obli-
 gations authorized thereby is commenced within twenty days from the date
 of  publication  of such notice, the court in which such action, suit or
 proceeding is commenced shall determine whether or not  such  agreement,
 lease,  resolution and obligations were authorized for a [board of coop-
 erative educational services] NY POLYTECHNICAL INSTITUTE school facility
 or facilities for which the [board of cooperative educational  services]
 NY  POLYTECHNICAL  INSTITUTE and the dormitory authority were authorized
 to enter into an agreement and a lease and for which the  authority  was
 A. 9760                            165
 
 authorized  to  issue  obligations or the provisions of law which should
 have been complied with were substantially complied with. The court  may
 determine  that  the  provisions  of law which should have been complied
 with were substantially complied with if:
   1.  The  aggregate amount of obligations authorized does not exceed an
 amount equal to the sum of[;]: (i) the estimated  cost  of  construction
 and  equipment  of such a [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE  school  facility  or  facilities  after  first
 deducting federal grants-in-aid to be received; (ii) the amount, if any,
 required  by the authority by the resolution to be paid to reserve funds
 created by the resolution of the authority authorizing the  obligations;
 and  (iii) the amounts estimated by the authority to be required to make
 payments for  legal,  financing,  administrative  and  other  costs  and
 expenses of the authority in connection with the providing of the facil-
 ities and the financing thereof.
   2.  Such agreement and lease were executed after a proposition author-
 izing the same had been submitted to and approved by a majority  of  the
 duly   qualified  voters  of  such  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE.
   (f) Such determination of the court as described in  subparagraph  (e)
 hereof  may be arrived at notwithstanding any irregularity or failure to
 observe a technicality in:
   1. The form of such proposition approved by the duly qualified  voters
 of  such  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE.
   2. The notice of the meeting at which such proposition was submitted.
   3. The time or manner of the publication of such notice.
   4. The conduct of the meeting at which such proposition was adopted.
   5. Like matters in such proceedings.
   (g) If the dormitory authority shall have utilized the  provisions  of
 this  subdivision,  the  obligations of the authority issued pursuant to
 the resolution authorizing the same shall contain a recital substantial-
 ly to the effect that the procedure for the validation of such bonds set
 forth in this section have been complied with  and  such  recital  shall
 bind  the  [board  of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE and the dormitory authority, and twenty days after such notice
 shall have been published and after such obligations have been purchased
 in good faith and for fair value by any person,  the  validity  of  such
 agreement,  lease,  resolution and of the obligations issued pursuant to
 such resolution shall not be questioned by such  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  or by any taxpayer
 thereof in any court.
   (h) If the dormitory authority and such [board of  cooperative  educa-
 tional  services]  NY POLYTECHNICAL INSTITUTE shall deem it necessary to
 increase the amount of obligations of the  authority  to  be  issued  in
 connection with the construction or providing of a [board of cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE  school facility or
 facilities and shall have authorized the  issuance  of  such  additional
 obligations  by  the execution of a supplemental agreement and a supple-
 mental lease between the dormitory authority and such [board of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE and the authority
 has  adopted a supplemental resolution authorizing such additional obli-
 gations, the provisions of this subdivision also shall be applicable  to
 such supplemental agreement, supplemental lease, supplemental resolution
 and additional obligations authorized and issued pursuant thereto.
 A. 9760                            166
 
   13.  No  authorization  given by the voters of a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE prior to  April  first,
 nineteen  hundred  seventy-six  of  a  lease or other agreement with the
 authority in connection with the provision of a  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE school facility shall
 be held invalid by reason of any irregularity or failure  to  observe  a
 technicality in:
   a.  The form of such proposition approved by the duly qualified voters
 of such [board of cooperative  educational  services]  NY  POLYTECHNICAL
 INSTITUTE,
   b. The notice of the meeting at which such proposition was submitted,
   c. The time or manner of the publication of such notice,
   d. The conduct of the meeting at which such proposition was adopted,
   e.  Like  matters  in  such  proceedings,  in any action or proceeding
 commenced more than two years after the date of approval by such  voters
 of  the proposition authorizing such lease or other agreement. The fore-
 going limitation shall not be  construed  as  extending  any  limitation
 period  otherwise  provided by law or authorizing any action or proceed-
 ing.
   § 220. Subdivision 11 of section 3232 of the public  authorities  law,
 as  added  by  chapter  220  of  the laws of 1990, is amended to read as
 follows:
   11. "Local government" means a county,  city,  town,  village,  school
 district,  city  school  district  or  [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE.
   § 221. Subdivisions 1 and 5 of section 1110 of the public health  law,
 as  amended  by  chapter 130 of the laws of 2022, are amended to read as
 follows:
   1. In addition to school districts  already  classified  as  a  public
 water  system under parts 141 and 142 of title 40 of the code of federal
 regulations, as such regulations may, from time  to  time,  be  amended,
 every school district and [board of cooperative educational services] NY
 POLYTECHNICAL  INSTITUTE shall conduct triennial first-drawn tap testing
 of potable water systems to monitor for lead contamination in each occu-
 pied school building under its jurisdiction as required  by  regulations
 promulgated pursuant to this section. The testing shall be conducted and
 the  results  analyzed  by an entity or entities approved by the commis-
 sioner.
   5.  Each  school  district  and  [board  of  cooperative   educational
 services]  NY  POLYTECHNICAL  INSTITUTE  conducting  testing pursuant to
 subdivision one of this section and each school district classified as a
 public water system under parts 141 and 142 of title 40 of the  code  of
 federal  regulations,  as  such  regulations  may, from time to time, be
 amended, shall make a copy of the results of all such testing, including
 laboratory reports, and any lead  remediation  plans  available  to  the
 public  on  its  website  and  any  additional  means  as chosen by such
 district. A copy of the results of all testing shall also be immediately
 transmitted to the department and state education department in a format
 to be determined by the commissioner and to  the  county  department  of
 health in the local jurisdiction of the school building. The commission-
 er  of  education, in conjunction with the commissioner, shall publish a
 report triennially based on the findings  from  the  tap  water  testing
 conducted according to the provisions of this section. Such report shall
 be  sent  to  the commissioner, the governor, the temporary president of
 the senate, and the speaker of the assembly and shall be made  available
 on the department's and state education department's websites.
 A. 9760                            167
 
   §  222.  Paragraph  (d)  of subdivision 1 and subdivision 4 of section
 2500-h of the public health law, paragraph (d) of subdivision 1 as added
 and subdivision 4 as amended by chapter 254 of the  laws  of  2019,  are
 amended to read as follows:
   (d)  The  commissioner  shall create informational materials detailing
 such anaphylactic policies to be distributed to local school  boards  of
 education, charter schools, [boards of cooperative educational services]
 NY  POLYTECHNICAL INSTITUTES, and child day care centers, and shall make
 the materials available on the department's website.
   4. Within six months of the effective date of the chapter of the  laws
 of  two  thousand  nineteen which amended this section, the anaphylactic
 policies established under this section shall be  jointly  forwarded  by
 the commissioner as well as the commissioner of education or the commis-
 sioner  of  children  and  family  services as appropriate to each local
 school board of education, charter school, [board of cooperative  educa-
 tional  services]  NY POLYTECHNICAL INSTITUTE and child day care service
 provider, as defined in section  three  hundred  ninety  of  the  social
 services  law, in the state.  Each such entity shall implement or update
 as appropriate their anaphylactic policy in accordance with those devel-
 oped by the state within six months of receiving the anaphylactic  poli-
 cies.
   § 223. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
 3000-c  of  the public health law, as amended by chapter 194 of the laws
 of 2021, is amended to read as follows:
   (iii) a school district, [board of cooperative  educational  services]
 NY  POLYTECHNICAL  INSTITUTE,  county vocational education and extension
 board, charter school, and non-public elementary and secondary school in
 this state or any person employed by any such entity, or employed  by  a
 contractor of such an entity while performing services for the entity;
   § 224. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
 3000-e  of  the public health law, as amended by chapter 741 of the laws
 of 2022, is amended to read as follows:
   (iii) a school district, [board of cooperative  educational  services]
 NY  POLYTECHNICAL  INSTITUTE,  county vocational education and extension
 board, charter school, and non-public elementary and secondary school in
 this state or any person employed by any such entity, or employed  by  a
 contractor  of  such an entity while performing services for the entity;
 or
   § 225. Subparagraph (v) of paragraph (a) of subdivision 3  of  section
 3309  of  the  public health law, as added by chapter 148 of the laws of
 2020, is amended to read as follows:
   (v) As used in this section, "entity" includes, but is not limited to,
 a school district, public library,  [board  of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTE, county vocational education and
 extension board, charter  school,  non-public  elementary  or  secondary
 school, restaurant, bar, retail store, shopping mall, barber shop, beau-
 ty parlor, theater, sporting or event center, inn, hotel or motel.
   § 226. Section 10 of the public officers law, as amended by chapter 29
 of the laws of 1977, is amended to read as follows:
   § 10. Official  oaths.   Every officer shall take and file the oath of
 office required by law, and every judicial officer of the unified  court
 system,  in  addition,  shall  file a copy of said oath in the office of
 court administration, before he OR SHE shall be entitled to  enter  upon
 the  discharge  of  any of his OR HER official duties. An oath of office
 may be administered by a judge of the court  of  appeals,  the  attorney
 general,  or  by  any  officer authorized to take, within the state, the
 A. 9760                            168
 
 acknowledgment of the execution of a deed of real  property,  or  by  an
 officer  in whose office the oath is required to be filed or by his duly
 designated assistant, or may be administered to any member of a body  of
 officers, by a presiding officer or clerk, thereof, who shall have taken
 an oath of office. An oath of office may be administered to any state or
 local  officer  who is a member of the armed forces of the United States
 by any commissioned officer, in active service, of the armed  forces  of
 the United States. In addition to the requirements of any other law, the
 certificate of the officer in the armed forces administering the oath of
 office under this section shall state (a) the rank of the officer admin-
 istering  the  oath,  and (b) that the person taking the oath was at the
 time, enlisted, inducted, ordered or commissioned in  or  serving  with,
 attached  to  or accompanying the armed forces of the United States. The
 fact that the officer administering  the  oath  was  at  the  time  duly
 commissioned  and  in  active  service  with  the armed forces, shall be
 certified by the secretary of the army, secretary of the air force or by
 the secretary of the navy, as the case may be, of the United States,  or
 by  a  person  designated by him OR HER to make such certifications, but
 the place where such oath was administered need not  be  disclosed.  The
 oath  of  office  of  a  notary public or commissioner of deeds shall be
 filed in the office of the clerk of the county in which he OR SHE  shall
 reside.  The oath of office of every state officer shall be filed in the
 office of the secretary of state; of every officer of a municipal corpo-
 ration, including a school district, with  the  clerk  thereof;  and  of
 every  other  officer,  including  the trustees and officers of a public
 library and the officers of [boards of cooperative educational services]
 NY POLYTECHNICAL INSTITUTES, in the office of the clerk of the county in
 which he shall reside, if no place be otherwise provided by law for  the
 filing thereof.
   §  227. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
 18 of the public officers law, as amended by chapter 521 of the laws  of
 1982, is amended to read as follows:
   (ii) a school district, [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE, or any other governmental entity or combination
 or  association  of  governmental  entities  operating  a public school,
 college, community college or university,
   § 228. Subparagraph (ii) of paragraph (a) of subdivision 1 of  section
 18-a  of  the public officers law, as added by section 2 of subpart C of
 part KK of chapter 57 of the  laws  of  2018,  is  amended  to  read  as
 follows:
   (ii) a school district, [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE, or any other governmental entity or combination
 or  association  of  governmental  entities  operating  a public school,
 college, community college or university;
   § 229. Paragraph (m) of subdivision 2 of section 265.01-e of the penal
 law, as added by chapter 371 of the laws of 2022, is amended to read  as
 follows:
   (m) in or upon any building or grounds, owned or leased, of any educa-
 tional  institutions, colleges and universities, licensed private career
 schools, school districts,  public  schools,  private  schools  licensed
 under  article  one  hundred  one of the education law, charter schools,
 non-public schools, [board of cooperative educational services] NY POLY-
 TECHNICAL INSTITUTE, special act schools,  preschool  special  education
 programs,  private residential or non-residential schools for the educa-
 tion of students with disabilities, and any state-operated or state-sup-
 ported schools;
 A. 9760                            169
 
   § 230. Section 408 of the real property tax law, as amended by chapter
 684 of the laws of 1985, is amended to read as follows:
   §  408.  School  districts  and  [boards  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTES.   Notwithstanding any  limitation
 contained  in section four hundred six of this [chapter] TITLE, all real
 property owned by a school district or [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE and all improvements thereon leased
 by such a district  or  [board]  INSTITUTE  provided  that  such  leased
 improvements  are  used  for educational purposes and provided, further,
 that such lease provides that such  district  or  [board]  INSTITUTE  is
 liable  for  all taxation, special ad valorem levies and special assess-
 ments levied upon such improvements shall be exempt  from  taxation  and
 exempt  from  special  ad  valorem levies and special assessments to the
 extent provided  in  section  four  hundred  ninety  of  this  [chapter]
 ARTICLE.
   § 231. Paragraph (a) of subdivision 3 of section 594 of the real prop-
 erty  tax law, as amended by chapter 515 of the laws of 2002, is amended
 to read as follows:
   (a) Oil and gas rights and other elements of economic units  shall  be
 exempt  from taxation if owned by a school district or [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE;
   § 232. Paragraph 1-a of subdivision a of section 19-a of  the  retire-
 ment  and  social  security  law,  as amended by section 2 of part BB of
 chapter 57 of the laws of 2013, is amended to read as follows:
   (1-a) "Alternative amortizing employer" shall  mean  a  county,  city,
 town,  village,  school  district,  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE, or public benefit corporation that
 operates a public general hospital located in the county of Westchester,
 the county of Erie, or the county of Nassau that, on a form prepared  by
 the comptroller, elects to and does amortize a portion of the employer's
 annual  bill  pursuant to paragraph one of subdivision d of this section
 for the two thousand thirteen - two thousand fourteen fiscal year pursu-
 ant to the alternative system graded contribution  rate,  regardless  of
 whether  the  employer  has subsequently paid in full all such amortized
 amounts.
   § 233. Subdivisions e and f of  section  210  of  the  retirement  and
 social  security  law, subdivision e as added by chapter 803 of the laws
 of 1964 and subdivision f as amended by chapter 579 of the laws of 1992,
 are amended to read as follows:
   e. The term "public service" means the service of  the  state  or  any
 political  division  thereof,  including  a  special  district, district
 corporation,  school  district,  [board   of   cooperative   educational
 services]  NY POLYTECHNICAL INSTITUTE or county vocational education and
 extension board, or the service  of  a  public  benefit  corporation  or
 public  authority  created  by  or  pursuant to laws of the state of New
 York, or the service of any agency or organization which contributes  as
 a participating employer in a retirement system or pension plan adminis-
 tered by the state or any of its political subdivisions.
   f.  The term "former employer" means the state or a political subdivi-
 sion, public corporation, school district, [board of cooperative  educa-
 tional services] NY POLYTECHNICAL INSTITUTE, county vocational education
 and extension board, or an agency or organization which contributes as a
 participating  employer  in a retirement system or pension plan adminis-
 tered by the state or any of its civil divisions,  which  directly  paid
 the  salary  or  compensation of a retired person at any time during the
 A. 9760                            170
 
 two years immediately preceding his retirement and who paid  the  salary
 on which the retiree's retirement allowance is based.
   §  234.  Subparagraph 2 of paragraph (a) of subdivision 2 and subdivi-
 sion 9 of section 211 of the retirement and social security law, subpar-
 agraph 2 of paragraph (a) of subdivision 2 as amended by chapter 753  of
 the  laws  of 1976 and subdivision 9 as added by section 1 of part HH of
 chapter 56 of the laws of 2022, are amended to read as follows:
   (2) the commissioner of education if such person is to be employed  in
 the unclassified service of a school district other than the city of New
 York,  a  [board  of  cooperative educational services] NY POLYTECHNICAL
 INSTITUTE or a county vocational education and extension board; or
   9. Notwithstanding  the  provisions  of  this  section,  sections  two
 hundred  twelve  and  four  hundred one of this chapter and section five
 hundred three of the education law and any other law, regulation,  rule,
 local  law, or charter to the contrary, a retired person may be employed
 and earn compensation in a position or positions in  the  service  of  a
 school  district  or  a  [board  of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE in the state without any effect on  his  or  her
 status  as  retired  and  without suspension or diminution of his or her
 retirement allowance and without prior approval pursuant to  subdivision
 two  of  this  section. Earnings received as a result of employment in a
 school district or a [board  of  cooperative  educational  services]  NY
 POLYTECHNICAL  INSTITUTE  in the state shall not be applied to a retired
 person's earnings when calculating the earnings limitations  imposed  by
 subdivisions one and two of section two hundred twelve of this article.
   § 235. Section 217 of the retirement and social security law, as added
 by chapter 640 of the laws of 2008, is amended to read as follows:
   §  217. Reporting requirements; school salary transparency and disclo-
 sure. 1. A school district  and  a  [board  of  cooperative  educational
 services]  NY POLYTECHNICAL INSTITUTE shall report all money earned by a
 retired person in their employ that is in excess of the earnings limita-
 tion outlined in section two hundred  twelve  of  this  article  to  the
 retirement  system  administered  by  the  state or any of its political
 subdivisions from whom such retired person is collecting  their  retire-
 ment allowance.
   2.  A school district or a [board of cooperative educational services]
 NY POLYTECHNICAL INSTITUTE employing a retired person who is eligible to
 collect or is already collecting a retirement allowance from  a  retire-
 ment  system  administered by the state or any of its political subdivi-
 sions shall report on an annual basis to the  retirement  system  paying
 such  retirement allowance to such retired person and to the state comp-
 troller. This report shall consist of the  re-employed  retiree's  name,
 date of birth, place of employment, current position and all earnings.
   § 236. Subdivision f of section 446 of the retirement and social secu-
 rity  law,  as amended by chapter 210 of the laws of 1996, is amended to
 read as follows:
   f. Notwithstanding any other provision of law, any member of  the  New
 York  state and local employees' retirement system who is subject to the
 provisions of this article and who is employed by a school  district,  a
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 a vocational education and  extension  board,  an  institution  for  the
 instruction  of  the deaf and of the blind as enumerated in section four
 thousand two hundred one of the education law, or a school  district  as
 enumerated  in section one of chapter five hundred sixty-six of the laws
 of nineteen hundred sixty-seven as amended to  date,  shall  have  their
 service  credit for service rendered on or after January first, nineteen
 A. 9760                            171
 
 hundred ninety determined by dividing the number of  days  worked  in  a
 school  year  by  one  hundred eighty. For the purpose of this section a
 school year will begin on July first and end the following June  thirti-
 eth.  No  more  than one year of service may be credited during any such
 fiscal year. Credit for service rendered before January first,  nineteen
 hundred ninety shall be determined in the same manner if a person eligi-
 ble  for  such  benefit  shall file the appropriate application with the
 state comptroller on or before August second, nineteen  hundred  ninety-
 six  and, within five years of filing such application, make payment for
 all costs necessary to finance the receipt of such service credit.
   § 237. Subdivision f of section 513 of the retirement and social secu-
 rity law, as amended by chapter 210 of the laws of 1996, is  amended  to
 read as follows:
   f.  Notwithstanding  any other provision of law, any member of the New
 York state and local employees' retirement system who is subject to  the
 provisions  of  this article and who is employed by a school district, a
 [board of cooperative educational services] NY POLYTECHNICAL  INSTITUTE,
 a  vocational  education  and  extension  board,  an institution for the
 instruction of the deaf and of the blind as enumerated in  section  four
 thousand  two  hundred one of the education law, or a school district as
 enumerated in section one of chapter five hundred sixty-six of the  laws
 of  nineteen  hundred  sixty-seven  as amended to date, shall have their
 service credit for service rendered on or after January first,  nineteen
 hundred  ninety  determined  by  dividing the number of days worked in a
 school year by one hundred eighty. For the purpose  of  this  section  a
 school  year will begin on July first and end the following June thirti-
 eth. No more than one year of service may be credited  during  any  such
 fiscal  year. Credit for service rendered before January first, nineteen
 hundred ninety shall be determined in the same manner if a person eligi-
 ble for such benefit shall file the  appropriate  application  with  the
 state  comptroller  on or before August second, nineteen hundred ninety-
 six and, within five years of filing such application, make payment  for
 all costs necessary to finance the receipt of such service credit.
   § 238. Subdivision f of section 609 of the retirement and social secu-
 rity  law,  as amended by chapter 210 of the laws of 1996, is amended to
 read as follows:
   f. Notwithstanding any other provision of law, any member of  the  New
 York  state and local employees' retirement system who is subject to the
 provisions of this article and who is employed by a school  district,  a
 [board  of cooperative educational services] NY POLYTECHNICAL INSTITUTE,
 a vocational education and  extension  board,  an  institution  for  the
 instruction  of  the deaf and of the blind as enumerated in section four
 thousand two hundred one of the education law, or a school  district  as
 enumerated  in section one of chapter five hundred sixty-six of the laws
 of nineteen hundred sixty-seven as amended to  date,  shall  have  their
 service  credit for service rendered on or after January first, nineteen
 hundred ninety determined by dividing the number of  days  worked  in  a
 school  year  by  one  hundred eighty. For the purpose of this section a
 school year will begin on July first and end the following June  thirti-
 eth.  No  more  than one year of service may be credited during any such
 fiscal year. Credit for service rendered before January first,  nineteen
 hundred ninety shall be determined in the same manner if a person eligi-
 ble  for  such  benefit  shall file the appropriate application with the
 state comptroller on or before August second, nineteen  hundred  ninety-
 six  and, within five years of filing such application, make payment for
 all costs necessary to finance the receipt of such service credit.
 A. 9760                            172
 
   § 239. Paragraph (c) of subdivision 6 of  section  62  of  the  social
 services  law, as amended by chapter 569 of the laws of 1994, is amended
 to read as follows:
   (c) A social services district shall provide for the transportation of
 each  homeless  child  who  is eligible for benefits pursuant to section
 three hundred fifty-j of this chapter to and from  a  temporary  housing
 location  in  which the child was placed by the social services district
 and the school attended by such child  pursuant  to  section  thirty-two
 hundred nine of the education law, if such temporary housing facility is
 located  outside of the designated school district pursuant to paragraph
 a of subdivision two of section thirty-two hundred nine of the education
 law. A social services district shall be authorized to contract  with  a
 board  of  education or a [board of cooperative educational services] NY
 POLYTECHNICAL INSTITUTE for the provision of such  transportation.  This
 paragraph  shall  apply to placements made by a social services district
 without regard to whether a payment is made by the district to the oper-
 ator of the temporary housing facility.
   § 240. Subdivision 2 of section 331 of the  social  services  law,  as
 amended  by section 148 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   2.  A social services district may contract  or  establish  agreements
 with entities which comply with the standards to be established in regu-
 lations  by  the  commissioner to provide work activities, including but
 not limited to, job training partnership act agencies,  state  agencies,
 school  districts, [boards of cooperative educational services] NY POLY-
 TECHNICAL  INSTITUTES,  not-for-profit  community  based  organizations,
 licensed  trade schools or registered business schools, libraries, post-
 secondary educational  institutions  consistent  with  this  title,  and
 educational  opportunity centers and local employers.  A district shall,
 to the extent practicable  and  permitted  under  federal  requirements,
 develop  performance  based  contracts or agreements with such entities.
 Such standards shall include an  evaluation  procedure  to  ensure  that
 services offered by a provider are sufficient to enhance substantially a
 participant's  opportunity  to  secure  unsubsidized employment or, when
 coupled with or provided in conjunction with other activities, represent
 part of a comprehensive approach to enabling  a  participant  to  secure
 unsubsidized  employment.  Notwithstanding the provisions of section one
 hundred fifty-three of this article, expenditures pursuant to  contracts
 or  agreements with providers who do not meet the standards for approval
 of providers  as  defined  in  regulations  will  not  be  eligible  for
 reimbursement by the department.
   §  241.  Subdivision 3 of section 336-a of the social services law, as
 amended by section 148 of part B of chapter 436 of the laws of 1997,  is
 amended to read as follows:
   3.  When a participant is assigned to an appropriate vocational educa-
 tional or educational activity and such activity is available at no cost
 to the social services district through the school district or [board of
 cooperative educational services] NY POLYTECHNICAL  INSTITUTE  in  which
 the  participant  resides  or  through  another  agency  or organization
 providing educational services, the social services district shall refer
 the participant to such district, [board] INSTITUTE, agency or organiza-
 tion.
   § 242. Paragraph (c) of subdivision 2 of section 367-w of  the  social
 services law, as added by section 1 of part ZZ of chapter 56 of the laws
 of 2022, is amended to read as follows:
 A. 9760                            173
 
   (c)  Notwithstanding  the  definition  of employer in paragraph (b) of
 this subdivision, and without regard  to  the  availability  of  federal
 financial participation, "employer" shall also include an institution of
 higher  education,  a  public  or nonpublic school, a charter school, an
 approved  preschool  program  for  students  with disabilities, a school
 district or [boards of cooperative educational services] NY  POLYTECHNI-
 CAL INSTITUTES, programs funded by the office of mental health, programs
 funded by the office of addiction services and supports, programs funded
 by the office for people with developmental disabilities, programs fund-
 ed  by the office for the aging, a health district as defined in section
 two of the public health law, or a  municipal  corporation,  where  such
 program or entity employs at least one employee. Such employers shall be
 required  to  enroll  in  the  system designated by the commissioner, or
 relevant agency commissioners, in consultation with the director of  the
 budget,  for  the purpose of claiming bonus payments under this section.
 Such system or process for claiming bonus payments may be different from
 the system and process used under subdivision three of this section.
   § 243. Subparagraph (ii) of paragraph (a) of subdivision 3 and  subdi-
 vision  5  of  section  483-c  of  the  social services law, as added by
 section 2 of part F2 of chapter 62 of the laws of 2003, are  amended  to
 read as follows:
   (ii)  County tier II team. A county, or consortium of counties, choos-
 ing to participate in the  coordinated  children's  services  initiative
 shall  establish  an interagency team consisting of, but not limited to,
 the local commissioners or leadership  assigned  by  the  chief  elected
 official  responsible  for  the  local  health, mental hygiene, juvenile
 justice, probation and  other  human  services  systems.  The  education
 system shall be represented by the district superintendent of the [board
 of  cooperative educational services] NY POLYTECHNICAL INSTITUTE, or his
 or her designee, and in the case of the city of New York, by  the  chan-
 cellor  of  the  city school district of the city of New York, or his or
 her designee, and appropriate local school district  representatives  as
 determined  by  the district superintendent of the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE,  or  such  chancellor.
 Such team shall be sensitive to issues of cultural competence, and shall
 include representatives of families of children with an emotional and/or
 behavioral  disorder.  Regional state agency representatives may partic-
 ipate when requested by such team.
   5. Funding. Counties and school districts, including [boards of  coop-
 erative  educational services] NY POLYTECHNICAL INSTITUTES, as requested
 by component school districts, choosing to participate  in  the  coordi-
 nated  children's  services  initiative,  unless expressly prohibited by
 law, shall have the authority to:
   (a) combine state and federal resources of  the  participating  county
 and  educational  agencies  to  provide services to groups or individual
 children  and  their  families  necessary  to  maintain  children   with
 emotional  and/or  behavioral  disorders in their homes, communities and
 schools, and support families in achieving this goal, as long as the use
 of the funds is consistent with the purposes for which they were  appro-
 priated; and
   (b)  apply  flexibility in use of funds, pursuant to an individualized
 family-support plan, or for collaborative programs, an  agreement  among
 the  county,  city  and  school  districts  or the [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE, monies combined pursu-
 ant to paragraph (a) of this subdivision may be used to allow flexibili-
 ty in determining and  applying  interventions  that  will  address  the
 A. 9760                            174
 
 unique  needs  of the family. The tier III team shall develop guidelines
 for the flexible use of funds in implementing an  individualized  family
 support plan.
   §  244.  Clause 1 and subclause (C) of clause 6 of subparagraph (i) of
 paragraph n of subdivision 10 of section 54 of the state finance law, as
 amended by section 6 of part O of chapter 56 of the laws  of  2008,  are
 amended to read as follows:
   (1)  For  the  purposes of this paragraph, "municipalities" shall mean
 counties, cities, towns, villages, special improvement  districts,  fire
 districts, and school districts; provided, however, that for purposes of
 this  definition,  a  school district shall be considered a municipality
 only in instances where a school district advances an application for  a
 grant  to  cover  costs associated with cooperative agreements or shared
 services. For purposes of  this  definition,  a  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE shall be considered a
 municipality only in instances where such [board of  cooperative  educa-
 tional  services]  NY  POLYTECHNICAL  INSTITUTE  advances a joint shared
 service application on behalf of  school  districts  and  other  munici-
 palities within the [board of cooperative educational services] NY POLY-
 TECHNICAL  INSTITUTE  region; provided, however, that any shared service
 agreements with a [board of cooperative educational services]  NY  POLY-
 TECHNICAL INSTITUTE:
   (A) shall not generate additional state aid;
   (B)  shall  be  deemed  not  to  be a part of the program, capital and
 administrative  budgets  of  the  [board  of   cooperative   educational
 services]  NY  POLYTECHNICAL  INSTITUTE  for  the  purposes of computing
 charges upon component school districts pursuant to  subparagraph  seven
 of paragraph b of subdivision four of section nineteen hundred fifty and
 subdivision  one  of section nineteen hundred fifty-one of the education
 law; and
   (C) shall be deemed to be a cooperative municipal service for purposes
 of subparagraph two of paragraph d of subdivision four of section  nine-
 teen hundred fifty of the education law.
   (C)  share services between school districts and other municipalities,
 including applications submitted by [boards of  cooperative  educational
 services]  NY  POLYTECHNICAL  INSTITUTES  as  defined  in  clause one of
 subparagraph (i) of this paragraph;
   § 245. Clause 1 of subparagraph (i) and clause 1 of  subparagraph  (v)
 of paragraph o of subdivision 10 of section 54 of the state finance law,
 clause 1 of subparagraph (i) as amended by section 7 of part GG of chap-
 ter  56 of the laws of 2009 and clause 1 of subparagraph (v) as added by
 section 7 of part O of chapter 56 of the laws of 2008,  are  amended  to
 read as follows:
   (1)  For  the  purposes  of  this paragraph, "municipality" shall mean
 counties, cities, towns, villages, special improvement  districts,  fire
 districts,  public  libraries, association libraries, water authorities,
 sewer authorities, regional  planning  and  development  boards,  school
 districts, and [boards of cooperative educational services] NY POLYTECH-
 NICAL INSTITUTES; provided, however, that for the purposes of this defi-
 nition,  a  [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE shall be considered a municipality  only  in  instances  where
 such [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE  advances  a  joint  application  on behalf of school districts and
 other  municipalities  within  the  [board  of  cooperative  educational
 services] NY POLYTECHNICAL INSTITUTE region; provided, however, that any
 agreements  with  a [board of cooperative educational services] NY POLY-
 A. 9760                            175
 
 TECHNICAL INSTITUTE:  shall not generate additional state aid; shall  be
 deemed not to be a part of the program, capital and administrative budg-
 ets  of the [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE  for  the  purposes of computing charges upon component school
 districts pursuant to subparagraph seven of paragraph b  of  subdivision
 four  of  section  nineteen hundred fifty and subdivision one of section
 nineteen hundred fifty and subdivision one of section  nineteen  hundred
 fifty-one  of the education law; and shall be deemed to be a cooperative
 municipal service for purposes of subparagraph two  of  paragraph  d  of
 subdivision four of section nineteen hundred fifty of the education law.
   (1) Within the amounts appropriated therefor, subject to a plan devel-
 oped  in consultation with the commission on local government efficiency
 and competitiveness and approved by the  director  of  the  budget,  the
 secretary  of  state  may  award competitive grants to municipalities to
 cover costs associated with  a  functional  consolidation  or  a  shared
 services  agreement  having great potential to achieve financial savings
 and serve as a model for other  municipalities,  including  the  consol-
 idation  of  services  on  a  multi-county  basis,  the consolidation of
 certain services countywide as identified in such plan, the creation  of
 a  regional  entity empowered to provide multiple functions on a county-
 wide or regional basis,  the  creation  of  a  regional  or  city-county
 consolidated municipal government, the consolidation of school districts
 or supporting services for school districts encompassing the area served
 by a [board of cooperative educational services] NY POLYTECHNICAL INSTI-
 TUTE, or the creation of a regional smart growth compact or program.
   §  246.  Clause 1 of subparagraph (i) of paragraph r of subdivision 10
 of section 54 of the state finance law, as amended by chapter 470 of the
 laws of 2011, is amended to read as follows:
   (1) For the purposes of this paragraph, "municipality"  shall  mean  a
 county,   city,   town,  village,  special  improvement  district,  fire
 district, public library, association library, or public library  system
 as  defined  by  section  two  hundred seventy-two of the education law,
 provided however, that for the purposes of  this  definition,  a  public
 library  system  shall  be  considered  a municipality only in instances
 where such public library system advances a joint application on  behalf
 of  its  member  libraries,  water  authority, sewer authority, regional
 planning and development board, school district, or  [board  of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE; provided, howev-
 er,  that  for  the purposes of this definition, a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE shall be  considered  a
 municipality  only  in instances where such [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE advances a joint application
 on behalf of school districts and other municipalities within the [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE  region;
 provided,  however,  that  any  agreements  with a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE:   shall  not  generate
 additional  state  aid; shall be deemed not to be a part of the program,
 capital and administrative budgets of the [board of  cooperative  educa-
 tional  services] NY POLYTECHNICAL INSTITUTE for the purposes of comput-
 ing charges upon component school districts pursuant to subdivision  one
 and  subparagraph  seven  of  paragraph b of subdivision four of section
 nineteen hundred fifty and subdivision one of section  nineteen  hundred
 fifty-one  of the education law; and shall be deemed to be a cooperative
 municipal service for purposes of subparagraph two  of  paragraph  d  of
 subdivision four of section nineteen hundred fifty of the education law.
 A. 9760                            176
 
   §  247.  Clause 1 of subparagraph (i) of paragraph s of subdivision 10
 of section 54 of the state finance law, as added by section 3 of part  K
 of chapter 55 of the laws of 2013, is amended to read as follows:
   (1)  For  the  purposes of this paragraph, "municipality" shall mean a
 county,  city,  town,  village,  special  improvement   district,   fire
 district,  public library, association library, or public library system
 as defined by section two hundred  seventy-two  of  the  education  law,
 provided  however,  that  for  the purposes of this definition, a public
 library system shall be considered  a  municipality  only  in  instances
 where  such public library system advances a joint application on behalf
 of its member libraries,  water  authority,  sewer  authority,  regional
 planning  and  development  board, school district, or [board of cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE; provided, howev-
 er, that for the purposes of this definition, a  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE shall be considered a
 municipality only in instances where such [board of  cooperative  educa-
 tional services] NY POLYTECHNICAL INSTITUTE advances a joint application
 on behalf of school districts and other municipalities within the [board
 of  cooperative educational services] NY POLYTECHNICAL INSTITUTE region;
 provided, however, that any agreements  with  a  [board  of  cooperative
 educational  services]  NY POLYTECHNICAL INSTITUTE:   shall not generate
 additional state aid; shall be deemed not to be a part of  the  program,
 capital  and  administrative budgets of the [board of cooperative educa-
 tional services] NY POLYTECHNICAL INSTITUTE for the purposes of  comput-
 ing  charges upon component school districts pursuant to subdivision one
 and subparagraph seven of paragraph b of  subdivision  four  of  section
 nineteen  hundred  fifty and subdivision one of section nineteen hundred
 fifty-one of the education law; and shall be deemed to be a  cooperative
 municipal  service  for  purposes  of subparagraph two of paragraph d of
 subdivision four of section nineteen hundred fifty of the education law.
   § 248. Subdivision 2 of section 97-jjj of the state  finance  law,  as
 added  by  section  86  of part A of chapter 436 of the laws of 1997, is
 amended to read as follows:
   2.  Notwithstanding any other law, rule or regulation to the contrary,
 the state comptroller is hereby authorized and directed to  receive  for
 deposit  to the credit of the Rome school for the deaf account, revenues
 received pursuant to section forty  three  hundred  fifty-seven  of  the
 education  law  and fees from school districts, [BOCES] NY POLYTECHNICAL
 INSTITUTES, other entities and individuals for other appropriate  educa-
 tion-related services.
   §  249.  Subdivision  2 of section 97-kkk of the state finance law, as
 added by section 87 of part A of chapter 436 of the  laws  of  1997,  is
 amended to read as follows:
   2.  Notwithstanding any other law, rule or regulation to the contrary,
 the  state  comptroller is hereby authorized and directed to receive for
 deposit to the credit of the  Batavia  school  for  the  blind  account,
 revenues  received  pursuant  to section forty three hundred thirteen of
 the education law and fees from school districts, [BOCES] NY POLYTECHNI-
 CAL INSTITUTES, other entities and  individuals  for  other  appropriate
 education-related services.
   §  250.  Subdivision  2-a of section 99-c of the state finance law, as
 added by chapter 594 of the laws of 1983, is amended to read as follows:
   2-a. Notwithstanding the provisions of subdivision two of this section
 or any other inconsistent provision of law, a school district or  [board
 of cooperative educational services] NY POLYTECHNICAL INSTITUTE which is
 subject  to  the requirements of this section may repay its distribution
 A. 9760                            177
 
 pursuant to a contractual agreement authorized by this  section  over  a
 period  of ten state fiscal years, in equal annual installments, payable
 by March thirty-first of each year. For school districts or  [boards  of
 cooperative  educational  services]  NY  POLYTECHNICAL  INSTITUTES which
 terminate the  contractual  agreement  prior  to  July  first,  nineteen
 hundred eighty-three, the first installment shall be paid prior to March
 thirty-first,   nineteen  hundred  eighty-four.  For  all  other  school
 districts and [boards of cooperative educational services] NY  POLYTECH-
 NICAL  INSTITUTES,  the  first  installment shall be paid prior to March
 thirty-first first succeeding the termination  of  such  agreement.  The
 comptroller  shall not withhold from state aid or other assistance due a
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE  any  amount  of such distribution due and owing as
 certified by the department of civil service to the comptroller pursuant
 to subdivision two  of  this  section,  until  and  unless  such  school
 district or [board of cooperative educational services] NY POLYTECHNICAL
 INSTITUTE fails to make an installment payment authorized by this subdi-
 vision  by  March thirty-first of the applicable year. Upon failure of a
 school district or [board of cooperative educational services] NY  POLY-
 TECHNICAL  INSTITUTE  to  make  an  installment payment, the withholding
 provisions of subdivision two of this section shall take effect  to  the
 extent  of  the amount of that unpaid installment. The comptroller shall
 within sixty days of the date on which this subdivision  becomes  effec-
 tive  or within sixty days of any subsequent termination of the contrac-
 tual agreement notify the applicable school district or [board of  coop-
 erative   educational   services]  NY  POLYTECHNICAL  INSTITUTE  of  the
 provisions of this subdivision, of the amount due  and  owing,  and  the
 amount of each installment.
   §  251.  Subdivision  6  of  section  188 of the state finance law, as
 amended by chapter 379 of the laws  of  2010,  is  amended  to  read  as
 follows:
   6.  "Local government" means any New York county, city, town, village,
 school district, [board of cooperative educational  services]  NY  POLY-
 TECHNICAL INSTITUTE, local public benefit corporation or other municipal
 corporation  or  political  subdivision  of  the state, or of such local
 government.
   § 252. Paragraph (g) of subdivision 1 of section 5-a of the  tax  law,
 as  amended by section 1 of part L of chapter 62 of the laws of 2006, is
 amended to read as follows:
   (g) "Person"  means  an  individual,  partnership,  limited  liability
 company,  society,  association,  joint  stock  company, or corporation;
 provided, however, that a "person" shall not include  a  "public  corpo-
 ration"  or  an  "education  corporation,"  as such terms are defined in
 section sixty-six of the  general  construction  law,  a  not-for-profit
 corporation  whose  contracts are subject to approval in accordance with
 article eleven-B of the state  finance  law,  a  [board  of  cooperative
 educational  services]  NY  POLYTECHNICAL  INSTITUTE created pursuant to
 article forty of the education law, or a  soil  and  water  conservation
 district  created pursuant to section five of the soil and water conser-
 vation districts law.
   § 253. Paragraph 4 of subdivision (b) of section 800 of the  tax  law,
 as amended by section 1 of part YY of chapter 59 of the laws of 2015, is
 amended to read as follows:
   (4)  Any  eligible  educational  institution. An "eligible educational
 institution" shall mean any public school district, a [board of  cooper-
 ative educational services] NY POLYTECHNICAL INSTITUTE, a public elemen-
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 tary  or secondary school, a school approved pursuant to article eighty-
 five or  eighty-nine  of  the  education  law  to  serve  students  with
 disabilities  of  school  age,  or  a  nonpublic elementary or secondary
 school  that  provides  instruction  in  grade  one or above, all public
 library systems as defined in subdivision one  of  section  two  hundred
 seventy-two  of  the  education law, and all public and free association
 libraries as such terms are defined in subdivision two  of  section  two
 hundred fifty-three of the education law.
   §  254.  Subdivision  4  of section 198 of the town law, as amended by
 chapter 798 of the laws of 1970, is amended to read as follows:
   4. Park districts. After a park district shall have been  established,
 the  town  board shall proceed to acquire by purchase or condemnation of
 the property described in the petition or in the  final  order,  if  the
 town  board  proceeded  under  article twelve-A of this chapter, for the
 establishment of such park district, and, thereafter the board may erect
 or cause to be erected thereon non-commercial buildings  and  structures
 and it may purchase necessary equipment and otherwise improve such prop-
 erty  for  park  purposes,  as the board may determine. In existing park
 districts, the town board  may  acquire  by  purchase,  condemnation  or
 lease,  property  for  public  parking  places  and maintain the same in
 accordance with the provisions of subdivision five hereof,  without  the
 establishment  of a public parking district. No property situated within
 an incorporated village or city shall be acquired in any manner for park
 purposes, unless the permission and consent of the board of trustees  of
 such  village or the common council or legislative body of such city, is
 first obtained; provided that such permission and consent,  if  obtained
 subsequent  to  the acquisition of any such property, shall be effective
 for all purposes and to the same extent as though obtained prior to such
 acquisition. The town board may sell, convey and transfer  any  property
 acquired for park purposes at such an amount as it may determine but not
 less  than  the  original  cost  thereof, and apply the proceeds of such
 sale, conveyance or transfer to the purchase of other property for  park
 purposes  and  improve  such property in the manner provided herein. The
 town board of the town of Oyster Bay may also convey and transfer to the
 state of New York or to any municipal or district corporation as defined
 by section three of the general corporation law, any  property  acquired
 for  park  purposes,  or any part thereof, when no longer needed, either
 without consideration or for such consideration and upon such terms  and
 conditions  as the town board may determine and the resolution authoriz-
 ing such conveyance or transfer shall be subject to a permissive  refer-
 endum.  The  town board of the town of Hempstead may lease to the [board
 of cooperative educational  services]  NY  POLYTECHNICAL  INSTITUTE,  as
 defined by article forty of the education law, any property acquired for
 park  purposes, or any part thereof, when no longer needed, either with-
 out consideration or for such consideration  and  upon  such  terms  and
 conditions  as  the  town board may determine. The town board may employ
 such persons and expend such amount of money as may be necessary for the
 proper maintenance of such park for the use, convenience  and  enjoyment
 of  the  inhabitants  of such park district, and, may in its discretion,
 grant licenses and privileges for any use of such park and park property
 which contributes thereto.  The town board may fix a  reasonable  charge
 for  the  use  of  such  park  by all persons other than inhabitants and
 taxpayers of such park district, and, in addition, the board  may  adopt
 general  rules  and regulations for the government and protection of the
 park and all property therein, and, for the enforcement thereof, provide
 that the violator of any rule or regulation  relating  to  the  park  or
 A. 9760                            179
 
 property  therein  shall  be  guilty  of  a  misdemeanor  and  shall, on
 conviction, in the county of Nassau  before  a  judge  of  the  district
 court,  and  elsewhere  before  a justice of the peace, be punished by a
 fine  not  exceeding  fifty  dollars,  or, in default of payment of such
 fine, by imprisonment not exceeding thirty days.
   § 255. Subdivision (a) of section 1174 of the vehicle and traffic law,
 as amended by chapter 597 of the laws of 1990, is  amended  to  read  as
 follows:
   (a)  The  driver of a vehicle upon a public highway, street or private
 road upon meeting or overtaking from either  direction  any  school  bus
 marked  and  equipped as provided in subdivision twenty of section three
 hundred seventy-five of this chapter which has  stopped  on  the  public
 highway,  street  or  private  road  for  the  purpose  of  receiving or
 discharging any passengers, or which has stopped because a school bus in
 front of it has stopped to receive or discharge  any  passengers,  shall
 stop the vehicle before reaching such school bus when there is in opera-
 tion  on said school bus a red visual signal as specified in subdivision
 twenty of section three hundred seventy-five of this  chapter  and  said
 driver  shall not proceed until such school bus resumes motion, or until
 signaled by the driver or a police officer to proceed. For the  purposes
 of  this  section,  and  in  addition  to  the provisions of section one
 hundred thirty-four of this chapter, the  term  "public  highway"  shall
 mean any area used for the parking of motor vehicles or used as a drive-
 way  located  on  the  grounds of a school or of a [board of cooperative
 educational services] NY POLYTECHNICAL INSTITUTE facility  or  any  area
 used as a means of access to and egress from such school or facility.
   §  256.  Subparagraph  (iii)  of  paragraph  (f)  of subdivision 2 and
 subparagraph (ii) of paragraph (a) of subdivision 5 of section  16-l  of
 section  1 of chapter 174 of the laws of 1968, constituting the New York
 state urban development corporation act, as added by chapter 471 of  the
 laws of 2001, are amended to read as follows:
   (iii) For the purposes of this subdivision "vocational education agen-
 cy"  shall mean a community college or [board of cooperative educational
 services] NY POLYTECHNICAL INSTITUTE operating within the state.
   (ii) "vocational education agency" shall mean a community  college  or
 [board  of  cooperative educational services] NY POLYTECHNICAL INSTITUTE
 operating within the state; and
   § 257. This act shall take effect immediately; provided, however:
   (a) the amendments to subparagraph 2 of paragraph d of  subdivision  4
 of  section  1950  of  the education law made by section two of this act
 shall not affect the expiration of such subparagraph and shall be deemed
 to expire therewith;
   (b) the amendments to subparagraph 10 of paragraph h of subdivision  4
 of  section  1950  of  the education law made by section two of this act
 shall not affect the repeal of such subparagraph  and  shall  be  deemed
 repealed therewith;
   (c) the amendments to subparagraph (a) of paragraph p of subdivision 4
 of  section  1950  of  the education law made by section two of this act
 shall be subject to the expiration and  revision  of  such  subparagraph
 pursuant  to  section  4 of chapter 374 of the laws of 2014, as amended,
 when upon such date the provisions of section three of  this  act  shall
 take effect;
   (d) the amendments to subparagraph (c) of paragraph p of subdivision 4
 of  section  1950  of  the education law made by section two of this act
 shall not affect the repeal of such subparagraph  and  shall  be  deemed
 repealed therewith;
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   (e) the amendments to paragraph ll of subdivision 4 of section 1950 of
 the  education  law made by section two of this act shall not affect the
 expiration of such subparagraph and shall be deemed to expire therewith;
   (f)  the  amendments to section 159-c of the civil service law made by
 section seventeen of this act  shall  not  affect  the  repeal  of  such
 section and shall be deemed repealed therewith;
   (g)  the  amendments  to  paragraphs  (d) and (e) of subdivision 30 of
 section 305 of the education law made by section thirty-one of this  act
 shall  not  affect  the  repeal  of  such paragraphs and shall be deemed
 repealed therewith;
   (h) section fifty-five of this act shall take effect on the same  date
 and  in the same manner as section 1 of chapter 672 of the laws of 2007,
 takes effect;
   (i) section fifty-nine of this act shall take effect on the same  date
 and  in the same manner as section 1 of chapter 533 of the laws of 2022,
 takes effect;
   (j) the amendments to subdivision 3 of section 3035 of  the  education
 law made by section one hundred fourteen of this act shall be subject to
 the  expiration  and revision of such subdivision pursuant to section 12
 of chapter 147 of the laws of 2001, as amended, when upon such date  the
 provisions of section one hundred fifteen of this act shall take effect;
   (k)  section one hundred eighteen of this act shall take effect on the
 same date and in the same manner as section 4705 of part PP  of  chapter
 56 of the laws of 2022, takes effect;
   (l) the amendments to subdivision 4-a of section 3208 of the education
 law  made by section one hundred twenty of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith;
   (m) section one hundred twenty-five of this act shall take  effect  on
 the  same date and in the same manner as section 5 of part PP of chapter
 56 of the laws of 2022, take effect;
   (n) the amendments to section 3601 of the education law by section one
 hundred twenty-six of this act shall be subject to  the  expiration  and
 revision  of  such section when upon such date the provisions of section
 one hundred twenty-seven of this act shall take effect;
   (o) section one hundred sixty-five of this act shall  take  effect  on
 the  same date and in the same manner as section 1 of chapter 795 of the
 laws of 2022, takes effect;
   (p) the amendments to subdivision 1 of  section  103  of  the  general
 municipal  law  made by section one hundred ninety-two of this act shall
 be subject to the expiration and revision of such  subdivision  pursuant
 to  subdivision (a) of section 41 of part X of chapter 62 of the laws of
 2003, as amended, when upon such date  the  provisions  of  section  one
 hundred ninety-three of this act shall take effect;
   (q)  the amendments to paragraph (a) of subdivision 1 of section 109-b
 of the general municipal law made by section one hundred ninety-four  of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith;
   (r)  the amendments to subparagraph (iii) of paragraph (c) of subdivi-
 sion 2 of section 591-a of the labor law made  by  section  two  hundred
 eight  of this act shall not affect the repeal of such section and shall
 be deemed repealed therewith;
   (s) the amendments to subdivision 9 of section 211 of  the  retirement
 and  social security law made by section two hundred thirty-four of this
 act shall not affect the repeal of such subdivision and shall be  deemed
 repealed therewith; and
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   (t)  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.