BOCES was to be the temporary means by which careful transitions could be made to an intermediate district framework. Though its purposes were similar to those of the proposed intermediate districts, BOCES was conceived and written into the Education Law in its own separate sections (1950 and 1951). Simpler in structure and less autonomous than projected intermediate districts, the BOCES proved itself worthy of being both means and end. Not one intermediate district was ever formed, and cooperative boards proliferated rapidly, especially during the mid-1950s, reaching 82 by 1958.
In 1972 the Intermediate School District Act was repealed. Laws pertaining to BOCES, however, have remained on the books. Thus BOCES has developed from a special-purpose, interim agency into a formally recognized middle or intermediate unit in New York State's public education system. There are currently 37 BOCES incorporating all but 9 of the 721 school districts in New York State.
Moreover, other states have moved toward regional educational configurations like BOCES. At least 30 state legislatures have mandated or passed legislations, as educational service agencies study the idea.
BOCES membership is not available to the so-called Big Five city school districts: New York City, Buffalo, Rochester, Yonkers, and Syracuse.
Once a district has joined a BOCES, it cannot withdraw and is obligated to pay its annual share of administrative, rental, or facilities expenses. BOCES services are, however, optional. They may be purchased or not purchased as the district's Board of Education sees fit. The decision to purchase or not purchase BOCES services is made each year.
Sharing is an economical way for districts to provide programs and services that they might not be able to afford otherwise. It is often more efficient and less costly to operate one central service than it is to have separate programs in each school district. BOCES services are often customized offering districts the flexibility to meet their individual needs.
BOCES is governed just as local districts are governed: by a Board of Education, which is made up of one representative from component districts. Board members are responsible for curricular, financial, and other policy decisions, just as they are at the local level.
Members are elected by component school board members. BOCES board members do not need to be local school board members, but they must be eligible voters in component school districts of that BOCES.
Election to BOCES boards occurs at an annual BOCES meeting, which by law is held in April.
The duties and powers of BOCES boards, as specified in 1950 of the Education Law of the State of New York, include the following:
The district superintendent also serves as a representative of the commissioner of education, providing educational leadership to local school districts in matter of law, policy, and practice.
Based on these responsibilities, the district superintendent has at least three important roles:
Under New York State Education Law, a BOCES must furnish any educational service that is requested by two or more component districts and approved by the commissioner of education according to need and practicality in a regional context.
By January of each year, the Boards of Education in component school districts specify their potential service needs for the following school year. These needs, developed by the BOCES into annual operating plans, are submitted to the New York State Education Department and the commissioner of education for approval. BOCES boards then notify component districts of the approved services, asking for a firm commitment to participate by May 1 of each year.
The BOCES and the component districts then enter into formal contracts. Specified in each contract are the number and types of services to be furnished by the BOCES, the number of people to be served, and the amount to be paid to the BOCES.
Signed by the BOCES and component board presidents, and then approved by the commissioner, these contracts are effective for one year, after which they may be renewed, changed, or cancelled at the component districts' option. Because districts' needs change every year, decisions about BOCES services may also change every year. If the district doesn't need a BOCES service, it doesn't request it and it doesn't pay for it.
Districts may also authorize multi-year service requests from BOCES.
In addition, New York State gives a financial incentive to participate in shared services by offering school districts state aid for BOCES services. Here is how BOCES state aid works:
These funds support an administrative budget (covering administrative salaries, equipment, and services) and a program budget (covering other BOCES programs and services which districts select from the Service Directory, an annual listing of available services). In addition, BOCES may receive and manage funding from outside sources (e.g., state and federal) to cover special projects.
The component district's share of BOCES administrative, lease and capital costs is based either on the Resident Weighted Average Daily Attendance (RWADA) or on real property valuation.
Program costs are proportional to the amount of use each component district requires.
Through BOCES state aid, component districts receive financial support for their participation in BOCES. The cost charged to a component district for its BOCES participation serves as the basis for the district's BOCES state aid.
A large percentage of BOCES programs are instructional; that is to say, they serve students with classroom programs and services. Examples of instructional programs are vocational-technical programs for high school students, physical and occupational therapy for students with disabilities, and literacy programs for adults.
The remaining programs are called support services. Although they are not classroom programs, support services are still very important because they relate to the education of students, and because they help school districts save money. This frees up resources to better serve students directly. Examples of support services are staff development, central bus maintenance, the central business office, Regional Information Centers.