Advocacy

BOCES are the premier example of inter-municipal collaboration in New York state. Since its creation more than 70 years ago, local school districts have been able to use BOCES to provide a wide range of educational programs and services through an organizational structure that is a model of shared services. BOCES can leverage the strength of multiple school districts and provide a variety of services that, individually, school districts could not provide because the costs would be prohibitive.

The mission of District Superintendents (the leaders of the individual BOCES) is to be vigorous agents for reform, effectively advocating for educational excellence and equity on behalf of all learners in New York State. Doing this requires collaboration and leadership at the regional and state level in partnership with the commissioner of education, the Board of Regents and local school districts.

As members of the BOCES Educational Consortium (BEC), District Superintendents advocate for priorities at the regional and state levels to support the over 700 school districts the BOCES of New York State serves. Read more about the BEC’s advocacy priorities below.

2026 Legislative and Budget Priorities

Address Critical Workforce Shortages

BOCES and school districts across the state are facing significant shortages of candidates for essential positions. This is true for certified and licensed positions including teachers, administrators and mental health professionals, as well as bus drivers and other school-related professionals. These shortages threaten the ability of districts to provide equitable, high-quality education for all students.

A key challenge in addressing these shortages is the insufficient pipeline of qualified candidates. In some cases, state-regulated hiring and promotion practices, primarily those governed by civil service, further exacerbate the issue. Although improvements have been initiated, additional work is required to remove the
barriers. BOCES and school districts must prioritize both retaining current employees and attracting new talent, but they require state support to strengthen the pipeline. In addition to the development of new programs, the state should prioritize investment in existing successful programs.

Recommendations

• Establish a “Teachers Across New York” program modeled after the successful “Doctors Across New York” and “Nurses Across New York” programs. This would offer state-supported loan forgiveness to new teachers and those relocating to New York from other states who commit to serving in high-need New York State
  school districts and BOCES for five years.
• Create a “Teachers for Our Future” Scholarship program based on the “Nurses for Our Future” scholarship
  program. This would provide free tuition at New York State public colleges and universities for candidates who commit to teaching in high-need New York State school districts and BOCES for five years.
• Invest in existing statewide initiatives to recruit and retain teachers, including TEACH NY, Teacher Apprenticeships, the Teacher Ambassador program and the Master Teacher program.
• Continue modernizing civil service hiring and promotion requirements.

Public Sector Lease Terms

To deliver high-quality education, BOCES require appropriate learning environments. Because they are not taxing entities and rely on their component school districts for funding, BOCES lease building space more frequently than their district counterparts.

With increasing demand for BOCES programs, particularly in career and technical education (CTE) and special education, the need for additional space is growing. Current law allows BOCES to lease buildings and property from private sector entities for up to 20 years, with an option to extend by 10 years with approval from the Commissioner of Education. However, BOCES are still limited to 10 years for leases with public entities, including school districts.

In some regions of the state, privately owned space is both available and affordable, but in others, it is prohibitively expensive. Public spaces, such as schools, often require substantial modifications to meet the needs of BOCES programs. Aligning public and private sector lease terms would incentivize public sector landlords to support necessary improvements by securing longer-term tenants. It would also give BOCES and districts more equitable access to space and flexibility in financing.

Recommendation

• Extend allowable lease terms between BOCES and public sector entities to 20 years to align with private sector lease terms

FAPE 22

Until recently, special education students’ entitlement to a Free Appropriate Public Education (FAPE) was interpreted to extend until they graduated or turned 21. New York State law expands on that, allowing students who have not graduated to remain in school, and for the districts to receive aid, until the end of the school year in which they turn 21. However, recent court rulings have reinterpreted this entitlement to mean until age 22 rather than until age 21. Unfortunately, these rulings do not authorize the payment of state aid for students after the end of the school year in which they turn 21, leaving local school districts solely responsible
for the cost to educate these students. If the state requires districts to educate students through age 21, it should also fund their education accordingly. Since current state law allows for students to remain in programs through the end of the school year in which they turned 21, it makes sense to mirror that with the new obligation through age 21 and allow students to remain in programs until the end of the school year in which they turned 22. This will require changes to state law.

Recommendation

• Amend current law to provide school aid for special education students until they graduate or the end of the
  school year in which they turn 22.

School District “Piggyback” Contracts

Under current law, school districts and BOCES are authorized to purchase apparatus, materials, equipment and supplies, and arrange for their installation, maintenance and repair, using existing state, federal and local contracts.

These contracts, known as “piggyback” contracts, follow the same rigorously transparent procurement requirements as individual bids, going through public bidding and awarding contracts based on the lowest responsible bidder or best value. Piggybacking offers significant cost savings and administrative efficiency,
especially for smaller districts.

However, questions have arisen about whether this authority applies when the purchase, installation, maintenance and repair of equipment, apparatus and materials is within the context of a public works project. While school districts and BOCES consistently follow strict transparency and accountability standards,
they must also ensure cost-effective use of public funds.

With rising costs and uncertainty in the state financial outlook because of federal changes, BOCES and districts need every available tool to manage public funds efficiently.

Recommendations

• Extend piggybacking authority under Section 103 of the General Municipal Law to June 2031.
• Clarify that districts and BOCES can use this provision for multiple awards and in the context
  of larger public works projects involving purchase, installation, maintenance and repair.

School Aid

BOCES do not receive Foundation Aid or direct formula aid from the state. BOCES rely almost entirely on their component school districts for funding. As a result, the financial stability and health of these districts–and therefore the distribution of Foundation Aid and other aids—are critical to BOCES operations.

BOCES exist to support districts and their communities, adapting services as demographics and needs change. While current funding mechanisms provide state support for growing BOCES programs educating growing populations of students in special education, career and technical education (CTE) and English as a New Language, many emerging community needs require services that existing funding mechanisms cannot support. It is essential that all funding formulas reflect current data and realities. Moreover, it is critical that the state support districts seeking innovative ways to share and consolidate services, even in the absence of a full reorganization.

Recommendations

• Ensure districts receive at minimum the amount generated by the current Foundation Aid formula.
  • Maintain hold harmless.
  • Include a due minimum increase for every district.
  • Ensure adequate funding to support high-need students including special education, English language learners and homeless youth.
  • Update the regional cost index statewide.
  • Revise the local minimum contribution to account for the impact of the tax cap.
• Establish new tiers within the Reorganization Aid formula to allow districts that substantially consolidate or share programs and services to access a commensurate portion of these funds to support the start-up costs associated with the transition of these programs.
• Fully fund expense-based aids.

Transition to Zero-Emission Buses

New York’s shift to zero-emission school buses represents a major change in student transportation. To meet this goal, districts will need significant administrative and financial support. BOCES of New York State is committed to assisting component districts navigate this transition.

Successful implementation requires collaboration among energy providers, manufacturers and transportation contractors. Early efforts have revealed several challenges; the power grid lacks sufficient capacity to meet the transition timeline. Upgrades to the grid are not aidable and should not be the
responsibility of school districts and BOCES. Manufacturers are struggling to meet demand for both zero-emission and diesel buses. Electrification studies are delayed. Insurance requirements are inconsistent and frequently changing.

Recommendations

• • Establish a process to support bus purchases when bond or budget votes fail.
  • Assign financial and logistical responsibility for non-district infrastructure upgrades to
    appropriate non-district parties.
  • Adopt a clear definition of the “purchase” of a diesel bus to be upon entering a contract
    on or before June 30, 2026.