§ 603. Creation of board of cooperative education services; organization; Secretary approval
(a) Establishment of boards of cooperative education services. When the boards of two or more supervisory unions vote to explore the advisability
of entering into a written agreement to provide shared programs and services, the
interested boards shall meet and discuss the terms of any such agreement. At this
meeting or a subsequent meeting, the participating boards may enter into a proposed
agreement to form an association of supervisory unions to deliver shared programs
and services to complement the educational programs of member supervisory unions in
a cost-effective manner. An association formed pursuant to this chapter shall be known
as a board of cooperative education services (BOCES) and shall be a body politic and
corporate with the powers and duties afforded them under this chapter.
(b) Articles of agreement. Agreements to form a BOCES pursuant to this chapter shall take the form of articles
of agreement and shall serve as the operating agreement for a BOCES. Agreements shall
include a cost-benefit analysis outlining the projected financial savings or enhanced
outcomes, or both, that the parties expect to realize through shared services or programs.
No agreement or subsequent amendments shall take effect unless approved by the member
supervisory union boards and the Secretary of Education. The Secretary shall approve
articles of agreement if the Secretary finds that the formation of the proposed BOCES
is in the best interests of the State, the students, and the member supervisory unions
and aligns with the policy set forth in section 601 of this title, subject to the limitations of subsection (d) of this section. At a minimum, the
articles of agreement shall state:
(1) the names of the participating supervisory unions;
(2) the mission, purpose, and focus of the BOCES;
(3) the programs or services to be offered by the BOCES;
(4) the financial terms and conditions of membership of the BOCES, including any applicable
membership fee;
(5) the service fees for member supervisory unions and the service fees for nonmember
supervisory unions, as applicable;
(6) the detailed procedure for the preparation and adoption of an annual budget with carryforward
provisions;
(7) the method of termination of the BOCES and the withdrawal of member supervisory unions,
which shall include the apportionment of assets and liabilities;
(8) the procedure for admitting new members and for amending the articles of agreement;
(9) the powers and duties of the board of directors of the BOCES to operate and manage
the association, including:
(A) board meeting attendance requirements;
(B) consequences for failure to attend a board meeting;
(C) a conflict-of-interest policy; and
(D) a policy regarding board member salaries or stipends; and
(10) any other matter not incompatible with law that the member supervisory unions consider
necessary to the formation of the BOCES.
(c) Board of directors. A BOCES shall be managed by a board of directors, which shall be composed of one person
appointed annually by each member supervisory union board. Appointed persons shall
be members of a member supervisory union board or the superintendent or designee of
the member supervisory union. Each member of the BOCES board of directors shall be
entitled to a vote. No member of the board of directors of a BOCES shall serve as
a member of a board of directors or as an officer or employee of any related for-profit
or nonprofit organization. The board of directors shall elect a chair from its members
and provide for such other officers as it may determine are necessary. The board of
directors may also establish subcommittees and create board policies and procedures
as it may determine are necessary. The board of directors shall meet not fewer than
four times annually. Each member of the board of directors shall provide updates on
the activities of the BOCES on a quarterly basis to the member’s appointing supervisory
union board at an open board meeting.
(d) Number of BOCESs. There shall be not more than seven BOCESs statewide. Supervisory unions shall not
be a member of more than one BOCES but may seek services as a nonmember from other
BOCESs. (Added 2023, No. 168 (Adj. Sess.), § 2, eff. July 1, 2024.)