§ 1951 — Budget of board of cooperative educational services

New York § 1951

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 40: Boards of Cooperative Educational Services

Text

§ 1951. Budget of board of cooperative educational services. 1. The\nfinal administrative and capital budgets of the board of cooperative\neducational services as adopted shall be a charge against all of the\nschool districts contained in the board of cooperative educational\nservices, provided, however, that any component school district which\ndoes not elect to participate in any specific educational service\nauthorized to be furnished by the board of cooperative educational\nservices shall not be required to pay any share of the moneys provided\nin the program budget as salaries of teachers or other personnel\nemployed in providing such service, for equipment and supplies for such\nservice or for transportation of pupils to and from the place where such\nservice is maintained, provided, however, expenditures for the board of\ncooperative educational services program, including office and central\nadministrative expenses, traveling expenses and salaries and benefits of\nsupervisors and all other central administrative personnel necessary to\ncarry out its program shall be deemed administrative expenses which\nshall be a charge upon all component school districts notwithstanding\nthe fact that such a component school district elects to not participate\nin any specific program offered by the board of cooperative educational\nservices. Each school district's proportionate share of administrative\nand capital expenses shall be determined in accordance with subparagraph\nseven of paragraph b of subdivision four of section nineteen hundred\nfifty of this article. The board shall allocate the cost of other\nservices to participating component school districts in accordance with\nterms agreed upon between such board and the boards of education and\ntrustees of each component school district using the local uniform unit\ncost of each such service, based on (i) anticipated participation in the\nensuing school year, or (ii) participation in the current year, or (iii)\na two or three year average including participation in the current year,\nwhich unit cost shall be the same for all participating component school\ndistricts and shall be computed in accordance with a uniform methodology\napproved annually by at least three-quarters of the participating\ncomponent school districts after consultation by local school officials\nwith their respective boards; provided, however, such unit cost shall be\nsubject to final adjustment for programs for students with disabilities\nbased on actual participation in accordance with regulations of the\ncommissioner. The school authorities of each school district in the\nboard of cooperative educational services shall add such amount to the\nbudget of such school district and shall pay such amount to the\ntreasurer of the board of cooperative educational services, and shall be\npaid out by the treasurer upon orders of the board issued and executed\npursuant to the resolution of said board.\n 2. a. If the board of cooperative educational services determines to\nsubmit a proposition to authorize the purchase or acquisition of sites\nor additions thereto and real property and to construct buildings\nthereon and to purchase buildings and construct additions thereto, or to\nauthorize the sale of any real property the title to which is vested in\nthe board of cooperative educational services and buildings thereon and\nappurtenances or any part thereof, or to authorize the exchange of real\nproperty held by the board of cooperative educational services for the\npurpose of improving or changing school sites, to the qualified voters\nof the board of cooperative educational services, then the board shall\ncall a meeting and submit to the qualified voters of the board of\ncooperative educational services such a proposition. The board shall\ncause a notice of such meeting to be given by public notice of the time\nand place of such meeting once in each week within the four weeks next\npreceding such meeting, the first publication to be at least twenty-five\ndays before said meeting, in two newspapers if there shall be two, or in\none newspaper if there shall be but one, having general circulation\nwithin the board of cooperative educational services, but if no\nnewspaper shall then have general circulation therein, the said notice\nshall be posted in at least twenty of the most public places in said\nboard of cooperative educational services twenty-five days before the\ntime of such meeting. Such notice shall contain a statement of the\nproposition or propositions to be submitted at such meeting.\n b. Such notice and all other notices and reports required to be\npublished in newspapers under the provisions of this chapter shall be\nprinted at the rates and for the fees prescribed in section eight\nthousand seven of the civil practice law and rules. In the event that\nthe publishers of one or both of the newspapers having general\ncirculation in such district shall refuse to print and publish the\nnotices or reports at the rates and for the fees so prescribed,\npublication in such newspaper or newspapers so refusing may be omitted,\nin which case the notices or reports shall be posted as required by this\nsection in lieu of such publication.\n c. A person shall be entitled to vote at any meeting of the voters of\nthe board of cooperative educational services who is:\n (1) A citizen of the United States.\n (2) Eighteen years of age.\n (3) A resident within the board of cooperative educational services\nfor a period of thirty days next preceding the meeting at which he\noffers to vote.\n No person shall be deemed to be ineligible to vote at any such\nmeeting, by reason of sex, who has the other qualifications required by\nthis paragraph.\n d. If a person offering to vote at any meeting of the voters of the\nboard of cooperative educational services shall be challenged as\nunqualified by any legal voter of such board at such meeting, the\nchairman presiding at such meeting shall require the person so offering\nto make the following declaration: "I do declare and affirm that I am,\nand have been, for the thirty days last past, an actual resident of this\nboard of cooperative educational services and that I am qualified to\nvote at this meeting." Every person making such declaration shall be\npermitted to vote on all questions proposed at such meeting; but if any\nperson shall refuse to make such declaration his vote shall be rejected.\n e. A person who shall wilfully make a false declaration of his right\nto vote at a meeting of the voters of a board of cooperative educational\nservices after his right to vote thereat has been challenged, shall be\ndeemed guilty of a misdemeanor. Any person not qualified to vote at such\nmeeting, who shall vote thereat, shall thereby forfeit ten dollars, to\nbe sued for by the supervisor for the benefit of the board.\n f. In all propositions arising at said meeting, the vote thereon shall\nbe by ballot.\n g. If the board of cooperative educational services shall so\ndetermine, voting machines may be used for recording the vote at such\nmeeting. Before any such machine is used at any such meeting, the\ninspectors of election shall examine it and see that all the counters\nare set at zero (000) and that the ballot labels are properly placed,\nand that the machine is in all respects in proper condition for use. The\nuse of such machine shall be deemed a compliance with any provision of\nlaw requiring the vote to be by ballot. The board of cooperative\neducational services may purchase the necessary voting machine or\nmachines; or if the county board of elections shall consent thereto,\nsuch machines belonging to the county or belonging to the town in which\nany part of said board of cooperative educational services shall be\nlocated may be used at any such meeting, the expense of delivery and\nreturning and setting up, and any other expense connected therewith\nshall be defrayed by the board of cooperative educational services; but\nsuch machines belonging to the county shall not be so used at the time\nor times when they may be required under the election law.\n h. The board of cooperative educational services shall appoint a\nqualified voter of the board of cooperative educational services as the\nchairman of any such meeting. The clerk of the board of cooperative\neducational services shall give written notice of appointment to the\nperson so appointed. If the person appointed as chairman refuses to\naccept such appointment, or fails to serve, the board of cooperative\neducational services may appoint a qualified voter of the board of\ncooperative educational services to fill the vacancy. The meeting shall\nbe called to order by the chairman.\n i. If the clerk of the board of cooperative educational services shall\nnot be present, the board may appoint a qualified voter of the board of\ncooperative educational services to act as clerk of the meeting. The\nboard shall appoint qualified voters of the board of cooperative\neducational services as assistant clerks of the meeting. The clerk of\nthe board of cooperative educational services shall give a written\nnotice of appointment to the persons so appointed as assistant clerks.\nIf a person appointed as assistant clerk refuses to accept such\nappointment, or fails to serve, the board may appoint a qualified voter\nof the board of cooperative educational services to fill the vacancy.\nEach assistant clerk shall be entitled to compensation at a rate to be\nfixed by the board for each day actually and necessarily spent upon the\nduties of his office. The clerk and assistant clerk or clerks of the\nmeeting shall keep an accurate and true written record of all\nproceedings of the meeting and shall file such written record with the\nclerk of the board of cooperative educational services within\ntwenty-four hours after the meeting.\n j. The board shall appoint two qualified voters of the board of\ncooperative educational services for each ballot box to be used to act\nas inspectors of election at such meeting. The clerk of the board of\ncooperative educational services shall give written notice of\nappointment to the persons so appointed. If a person appointed as\ninspector of election refuses to accept such appointment, or fails to\nserve, the board may appoint a qualified voter of the board of\ncooperative educational services to fill the vacancy. Additional\ninspectors of election may be appointed in the same manner when, in the\nopinion of the board, special circumstances exist requiring the services\nof such additional inspectors. The inspectors of election shall, before\nthe polls are opened, organize by naming one of their number as chief\ninspector of election. Each inspector of election shall be entitled to\ncompensation at a rate to be fixed by the board for each day actually\nand necessarily spent upon the duties of his office.\n k. A poll list containing the name and legal residence of every person\nwhose vote shall be received shall be kept by the clerk and assistant\nclerk or clerks of the meeting.\n l. The board shall at the expense of the board of cooperative\neducational services provide a suitable box or boxes in which the\nballots, folded so as to conceal the marking thereon, shall be deposited\nas they are received, and shall in like manner provide a voting booth or\nbooths and the voters shall be required to enter such booth or booths\nfor the purpose of marking their ballots.\n m. The board shall cause printed ballots to be prepared, setting forth\nthe proposition or propositions to be voted upon, in the form applicable\nto the submission of a proposition to the meeting of a union free school\ndistrict.\n n. All qualified voters entitled to vote who are in the place where\nthe meeting is held at or before the time of closing the polls shall be\nallowed to vote.\n o. Immediately upon the close of the polls the inspectors of election\nshall canvass the ballots in the same manner as ballots are canvassed at\na meeting of a union free school district. The chairman of the meeting\nshall declare to the meeting the result of each ballot as announced to\nhim by the inspectors of election, and those propositions receiving a\nmajority of the votes of the voters present and voting shall be deemed\napproved.\n p. The meeting of the voters of the board of cooperative educational\nservices shall be conducted in the same manner as a meeting of the\nvoters of a union free school district.\n q. If the board shall so determine it may cause the board of\ncooperative educational services to be divided into election districts\nprovided that in each such election district the number of qualified\nvoters shall at least equal seven hundred. If such resolution be adopted\nit shall divide the board of cooperative educational services into such\nnumber of election districts as the board may determine, provided that\nif circumstances will permit there shall be a schoolhouse in each\nelection district or in as many such election districts as possible. The\nelection districts so formed shall continue in existence until modified\nby resolution of the board. Such resolution shall accurately describe\nthe boundaries of each such district by street, alley and highway or\notherwise. Meetings of the voters of the board of cooperative\neducational services shall be held thereafter in such election\ndistricts. The board shall designate the place within each election\ndistrict where the meetings shall be held. When the board of cooperative\neducational services is divided into election districts, the board shall\ncause the meeting to be held in each election district pursuant to the\nprovisions of this subdivision and shall appoint a chairman of the\nmeeting, clerks and assistant clerks of the meeting and inspectors of\nelection for each election district. The board shall designate the\nelection district in which the clerk of the board of cooperative\neducational services shall be present. Where the board of cooperative\neducational services has been divided into election districts, the\ninspectors of election shall make a written report of the results of the\nballot, signed by all such inspectors, to the chief inspector of\nelection of each election district. The chief inspector of election of\neach election district shall within twenty-four hours file such written\nreport with the clerk of the board of cooperative educational services.\nThe board shall thereupon within twenty-four hours tabulate and declare\nthe results of the ballot.\n r. All disputes concerning the validity of any meeting of the voters\nof a board of cooperative educational services or of any of the acts of\nthe officers of such meeting shall be referred to the commissioner of\neducation for determination and his decisions in the matter shall be\nfinal and not subject to review. The commissioner may in his discretion\norder a new meeting.\n s. The board of cooperative educational services shall provide\nabsentee ballots to qualified voters. The commissioner shall adopt\nregulations for the purposes of implementing the provisions of this\nparagraph which shall include, but not be limited to, creating the\nprocedure for which such absentee ballots shall be submitted; providing\nthat such absentee ballots shall be, as nearly as practicable, in the\nsame form as those voted at the district election; requiring that any\nabsentee ballot applicant is or will be, on the day of the vote, a\nqualified voter of the board of cooperative educational services and\nthat he or she will be on such date over eighteen years of age, a\ncitizen of the United States and has or will have resided in said\ndistrict for thirty days next preceding such date; and providing\ninstructions as to the proper marking thereof.\n t. The board of cooperative educational services shall provide early\nmail ballots to qualified voters. The commissioner shall adopt\nregulations for the purposes of implementing the provisions of this\nparagraph which shall include, but not be limited to, creating the\nprocedure for which such early mail ballots shall be submitted;\nproviding that such early mail ballots shall be, as nearly as\npracticable, in the same form as those voted at the district election;\nrequiring that any early mail ballot applicant is or will be, on the day\nof the vote, a qualified voter of the board of cooperative educational\nservices and that he or she will be on such date over eighteen years of\nage, a citizen of the United States and has or will have resided in said\ndistrict for thirty days next preceding such date; and providing\ninstructions as to the proper marking thereof.\n 3. a. For the nineteen hundred ninety-seven--ninety-eight school year\nand thereafter, the commissioner shall prescribe, in consultation with\nthe comptroller of the state of New York and within the general taxonomy\nof accounts established by the comptroller pursuant to section\nthirty-six of the general municipal law, a uniform and specific taxonomy\nfor service programs and activities of boards of cooperative educational\nservices. In developing such prescribed taxonomy, the commissioner shall\nconsider the recommendations of an advisory panel of district\nsuperintendents of schools or their representatives as appointed by the\ncommissioner for such purpose.\n b. In developing and adopting a budget for the nineteen hundred\nninety-seven--ninety-eight school year pursuant to this article, each\nboard of cooperative educational services may use the same locally\nselected specific taxonomy for service programs and activities as used\nfor the nineteen hundred ninety-six--ninety-seven school year within the\ngeneral taxonomy of accounts established by the comptroller pursuant to\nsection thirty-six of the general municipal law, provided that all such\naccounts shall be converted to the uniform and specific taxonomy\nprescribed by the commissioner pursuant to paragraph a of this\nsubdivision by October first, nineteen hundred ninety-seven and provided\nthat copies of the approved program, capital and administrative budgets\nas converted to such uniform and specific taxonomy shall be submitted to\nthe commissioner on or before October first, nineteen hundred\nninety-seven.\n c. In developing and adopting a budget pursuant to this article for\nthe nineteen hundred ninety-eight--ninety-nine school year and\nthereafter, each board of cooperative educational services shall use the\nuniform and specific taxonomy for service programs and activities\nprescribed by the commissioner pursuant to paragraph a of this\nsubdivision.\n