§ 800. Applicability of New York Laws — Article X
A. General school laws. With respect to the operation and maintenance of any school of the district located
in New York, the provisions of New York law shall apply except as otherwise provided
in this compact and except that the powers and duties of the school board shall be
exercised and discharged by the interstate board and the powers and duties of the
union superintendent shall be exercised and discharged by the interstate district
superintendent.
B. New York state aid. A New York school district shall be entitled to receive an amount of state aid for
operating expenditures as though its share of the interstate district’s expenses were
the expenses of the New York member district, and as though the New York member district
pupils attending the interstate school were attending a New York cooperative school
district’s school. The state aid shall be paid to the New York member school district
to reduce the sums which would otherwise be required to be raised by taxation within
the member district.
C. Continued existence of the New York member school district. A New York member school district shall continue in existence, and shall have all
of the powers and be subject to all of the obligations imposed by law and not herein
delegated to the interstate district. If the interstate district incorporates only
a part of the schools in the member school district, then the school board of the
member school district shall continue in existence and it shall have all of the powers
and be subject to all of the obligations imposed by law on it and not herein delegated
to the district. However, if all of the schools in the member school district are
incorporated into the interstate school district, then the member or members of the
interstate board representing the member district shall have all of the powers and
be subject to all of the obligations imposed by law on the members of a school board
for the member district and not herein delegated to the interstate district. The
New York member school district shall remain liable on its existing indebtedness;
and the interstate school district shall not become liable therefor, unless the indebtedness
is specifically assumed in accordance with the articles of agreement. Any trust funds
or capital reserve funds and any property not taken over by the interstate district
shall be retained by the New York member district and held or disposed of according
to law. If all of the schools in a member district are incorporated into an interstate
district, then no annual meeting of the member district shall be required unless the
members of the interstate board from the member district shall determine that there
is occasion for such an annual meeting.
D. Suit and service of process in New York. The courts of New York shall have the same jurisdiction over the district as though
a New York member district were a party instead of the interstate district. The service
necessary to institute suit in New York shall be made on the district by leaving a
copy of the writ or other proceedings in hand or at the last and usual place of abode
of one of the directors who reside in New York, and by mailing a like copy to the
clerk and to one other director by certified mail with return receipt requested.
E. Employment. Each employee of an interstate district assigned to a school located in New York shall
be considered an employee of a New York school district for the purpose of the New
York Teachers’ Retirement System, the New York State Employees’ Retirement System,
the New York workers’ compensation law and any other law relating to the regulation
of employment or the provision of benefits for employees of New York school districts
except as follows:
1. A teacher in a New York member district may elect to remain a member of the New York
teachers’ retirement system, even though assigned to teach in an interstate school
in Vermont.
2. Employees of interstate districts designated as professional or instructional staff
members, as defined in article I hereof, may elect to participate in the teachers’
retirement system of either the State of New York or the State of Vermont but in no
case will they participate in both retirement systems simultaneously.
3. It shall be the duty of the superintendent in an interstate district to: (a) advise
teachers and other professional staff employees contracted for the district about
the terms of the contract and the policies and procedure of the retirement systems;
(b) see that each teacher or professional staff employee selects the retirement system
of his or her choice at the time his or her contract is signed; (c) provide the commissioners
of education in New York and in Vermont with the names and other pertinent information
regarding each staff member under his or her jurisdiction so that each may be enrolled
in the retirement system of his or her preference. (Added 1975, No. 130 (Adj. Sess.), § 10; amended 1981, No. 165 (Adj. Sess.), § 1.)