senate Bill S5184C

Authorizes two or more school districts in certain supervisory districts to enter into a contract to establish and operate a regional high school

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO EDUCATION
  • 20 / May / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 20 / May / 2011
    • PRINT NUMBER 5184A
  • 24 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 10 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Jun / 2011
    • PRINT NUMBER 5184B
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1245
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 01 / May / 2012
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 01 / May / 2012
    • PRINT NUMBER 5184C
  • 22 / May / 2012
    • 1ST REPORT CAL.865
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO WAYS AND MEANS

Summary

Authorizes two or more school districts in certain supervisory districts to enter into a contract to establish and operate a regional high school.

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Bill Details

See Assembly Version of this Bill:
A8002B
Versions:
S5184
S5184A
S5184B
S5184C
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 39-A §1920, amd §3602, Ed L

Sponsor Memo

BILL NUMBER:S5184C

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing the establishment
of regional high schools in certain supervisory districts

PURPOSE OR GENERAL IDEA OF BILL:
Would authorize two or more school districts in certain counties to
enter into a contract to establish and operate a regional high school.

SUMMARY OF SPECIFIC PROVISIONS:
The Education Law is amended by adding a new article 39-A with
Sections 1920 and 1921.

Section 1920: authorizes two or more school districts that are wholly
contained within the same BOCES district in Allegany County,
Cattaraugus County or Chautauqua County, to enter into a contract to
allow a hosting school district to operate a regional high school,
subject to approval by the Commissioner.

The bill provides that in order for school districts to form a
regional high school, school boards must first vote to give the
school authority to formally pursue the formation of a regional high
school by proposing a contract for its operation. Then, there must be
a public meeting not less than thirty days in advance of a public
vote to be held on the proposed resolution to form a regional high
school contract. The public must then approve the resolution by an
aggregate majority vote of all voters from all school districts
considering the question of whether or not to form a regional high
school.

Next, the participating school districts must finalize and submit the
contract to the Commissioner of Education for approval. The final
step to form the regional high school is for the Commissioner to
certify that the regional high school will expand and improve the
educational services to students and can result in administrative
efficiencies. Once the Commissioner has approved the contract, the
new regional high school is formed as a legal entity.

The contract shall be for a minimum of five years and with the
approval of the Commissioner may be renewed by mutual agreement of
the respective boards of education. In the case of unforeseen
circumstances, the contract may be modified with the consent of the
majority of each of the school boards and the approval of the
commissioner.

The contract shall also stipulate the manner of transportation of the
students and that the cost shall be charged to the student's district
of residence. The regional high school shall also operate its own
extracurricular activities and athletics, except in the case of
modified athletic teams, mixed grade music and band programs and
joint grade extra-curricular programs.

Students of the regional high school shall be deemed to be enrolled in
the regional high school except for purposes of state aid, in which


case their attendance and enrollment shall be treated and counted as
part of their participating district.

The contract shall also include information on the regional high
school's fiscal plans, staffing plans, special education plans,
student disciplinary procedure plans, building plans, transportation
plans, curriculum plans and projections on cost-savings, student
enrollment, state aid changes, expenditures and local tax effort.

The contract shall provide that all teachers and other staff members
of the participating school districts, except the superintendent of
schools whose services are no longer needed because of the creation
of a regional high school, or the transference of students to an
existing regional high school, shall be granted employments rights in
the host school district. Teachers and all other employees previously
employed by participating districts would assume the host district
contract until such time as a new employee contract has been
negotiated. Teacher and employee transfer and seniority rights shall
be recognized in accordance with current state education and civil
service law.

The contract shall state what the governance plan for participating
district school administrations shall be after the regional high
school is formed.
The contract shall also specify that the regional high school shall be
solely responsible for the implementation and completion of all
academic achievement standards for the students of participating
school districts. The regional high school shall be responsible for
the evaluation, grading and academic performance of students and
diplomas shall be awarded by the Regional High School.

Section two of the bill adds a new paragraph to Subdivision 14 of
Section 3602 of the education law regarding regional high school
incentive aid. This section provides that each school district would
get regional high school incentive aid in addition to their normal
foundation aid for each student they are sending to the regional high
school. The incentive aid piece in the bill provides for 40% of the
normal reorganization incentive aid as already laid out in state
education law. There is a stipulation to the regional high school
incentive aid, that of the regional high school incentive aid each
participating school would be required to use 50% percent of that to
improve pre-K-8 programs.

The effective date is provided in section three of the bill.

JUSTIFICATION:
This bill has been requested by several school districts that would
like the opportunity to share resources and cut costs while providing
continued quality education for students.

In many districts in upstate New York-particularly in rural areas,
schools have faced declining enrollment while standard operating costs
and mandated and contractual expenses continue to rise. This bill
would allow schools to consolidate resources, take advantage of
regional resources and save taxpayers and school districts money.


The New York State Rural Schools Association has encouraged
consideration of this option for several years. They work to help
school districts address issues of declining enrollment and loss of
tax base.
They believe that regional high schools can enrich opportunities for
secondary students by offering full curricular, co-curricular and
interscholastic programs. They support the approach of having a
hosting district administer the programs because it keeps regional
high schools within existing governance structures and does not
create new layers of school governance.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None. Cost savings will be realized by participating school districts.

EFFECTIVE DATE:
The bill takes effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5184--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Education  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to authorizing the estab-
  lishment of regional high schools in certain supervisory districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The education law is amended by adding a new article 39-A
to read as follows:
                               ARTICLE 39-A
                          REGIONAL HIGH SCHOOLS
SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
  S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. THE  ESTABLISHMENT  OF  A
REGIONAL  HIGH  SCHOOL  SHALL BE COMMENCED UPON THE ADOPTION OF A RESOL-
UTION PROPOSING THE ESTABLISHMENT OF SUCH A  HIGH  SCHOOL,  BY  MAJORITY
VOTE,  OF  EACH  OF  THE  BOARDS  OF  EDUCATION  OF  TWO  OR MORE SCHOOL
DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
OF LESS THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  CENTRAL
SCHOOL  DISTRICTS,  UNION  FREE  SCHOOL  DISTRICTS  AND/OR COMMON SCHOOL
DISTRICTS, PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY  CONTAINED
WITHIN THE CATTARAUGUS-ALLEGANY-ERIE-WYOMING BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES SUPERVISORY DISTRICT, THE ERIE 2 CHAUTAUQUA-CATTARAUGUS
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT,  OR  THE
GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
SORY  DISTRICT. THEREAFTER, IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-18-2

S. 5184--C                          2

RESOLUTION, THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PROPOSING  TO
ESTABLISH  THE  REGIONAL  HIGH  SCHOOL  SHALL, NOT LESS THAN THIRTY DAYS
PRIOR TO ANY VOTE OF ITS ELECTORS UPON THE RESOLUTION, CONDUCT A MEETING
OPEN TO THE PUBLIC UPON THE TERMS AND CONDITIONS OF SUCH RESOLUTION. THE
ADOPTION  OF  THE  RESOLUTION  FOR  THE ESTABLISHMENT OF A REGIONAL HIGH
SCHOOL SHALL BE SUBJECT TO APPROVAL THEREOF, BY MAJORITY  VOTE,  OF  ALL
ELECTORS  OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A REGIONAL HIGH
SCHOOL, SUCH ELECTION BEING CONDUCTED WITHIN EACH  SCHOOL  DISTRICT  AND
THE  VOTES  THEREIN  BEING  COMPILED AT A CENTRAL LOCATION BY A BOARD OF
CANVASS ESTABLISHED BY THE BOARDS OF EDUCATION OF SUCH SCHOOL DISTRICTS.
UPON APPROVAL BY THE ELECTORS OF THE  SCHOOL  DISTRICTS  THE  BOARDS  OF
EDUCATION  OF  SUCH  SCHOOL DISTRICTS SHALL JOINTLY ESTABLISH A PROPOSED
CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL. UPON ESTABLISHMENT
OF A PROPOSED CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL, SUCH
CONTRACT SHALL BE SUBMITTED TO THE COMMISSIONER. EVERY PROPOSED CONTRACT
FOR A REGIONAL HIGH SCHOOL SHALL BE SUBJECT TO APPROVAL BY  THE  COMMIS-
SIONER  WHO  SHALL,  AS  A  CONDITION OF SUCH APPROVAL, CERTIFY THAT THE
CREATION OF A REGIONAL HIGH SCHOOL WILL EXPAND AND  IMPROVE  THE  EDUCA-
TIONAL  SERVICES  AVAILABLE TO ALL STUDENTS OF SUCH HIGH SCHOOL AND THAT
IT CAN RESULT  IN  ADMINISTRATIVE  EFFICIENCIES  FOR  ALL  PARTICIPATING
DISTRICTS.  IF  THE  COMMISSIONER  APPROVES  THE  PROPOSED CONTRACT, THE
REGIONAL HIGH SCHOOL SHALL BE DEEMED TO HAVE  BEEN  ESTABLISHED,  EXCEPT
THAT  NOTHING  IN THIS SECTION SHALL PREVENT THE HIGH SCHOOL WHICH WOULD
SERVE AS THE HOST OF THE REGIONAL HIGH SCHOOL SO ESTABLISHED TO CONTINUE
TO OPERATE AS A LEGAL ENTITY UNTIL THE END OF THE SCHOOL YEAR. EXCEPT AS
OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS OF THIS CHAPTER AS TO
THE COURSES OF STUDY, THE QUALIFICATIONS  AND  EMPLOYMENT  OF  TEACHERS,
NON-INSTRUCTIONAL  EMPLOYEES  AND  OTHER  STAFF,  AND  THE  MAINTENANCE,
CONDUCT AND SUPERVISION OF PUBLIC SCHOOLS IN  CENTRAL  SCHOOL  DISTRICTS
SHALL  APPLY  TO  A REGIONAL HIGH SCHOOL. EVERY REGIONAL HIGH SCHOOL AND
THE CONTRACT THEREFOR SHALL MEET THE FOLLOWING REQUIREMENTS:
  1. THE CONTRACT SHALL BE FOR A PERIOD OF NOT  LESS  THAN  FIVE  SCHOOL
YEARS  AND,  WITH  THE  APPROVAL  OF THE COMMISSIONER, MAY BE RENEWED BY
MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
  2. THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST  OF
JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
SCHOOL YEAR;
  3.  THE  CONTRACT  SHALL  STATE  THAT THE REGIONAL HIGH SCHOOL WILL BE
OPERATED BY ONE  OF  THE  PARTICIPATING  SCHOOL  DISTRICTS,  HEREINAFTER
REFERRED TO IN THIS ARTICLE AS THE "HOSTING SCHOOL DISTRICT";
  4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
PARTICIPATING  SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL HIGH
SCHOOL, AND THE COST OF SUCH TRANSPORTATION SHALL BE  A  CHARGE  AGAINST
EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
AS  TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED THIR-
TY-FIVE OF THIS CHAPTER;
  5. IF THE REGIONAL  HIGH  SCHOOL  IS  OPERATED  BY  A  HOSTING  SCHOOL
DISTRICT,  THE  REGIONAL  HIGH  SCHOOL  AND  THE CONTRACT SHALL MEET THE
FOLLOWING REQUIREMENTS:
  A. THE CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL HIGH  SCHOOL,
WHICH  SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING SCHOOL
DISTRICTS. THE HOSTING SCHOOL DISTRICT AND THE  BOARD  OF  EDUCATION  OF
SUCH SCHOOL DISTRICT SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPER-
VISION  AND  MAINTENANCE OF THE REGIONAL HIGH SCHOOL, AS SHALL BE DESIG-
NATED IN THE CONTRACT,

S. 5184--C                          3

  B. THE CONTRACT SHALL SPECIFY THAT THE STUDENTS RECEIVING  INSTRUCTION
FROM  THE  REGIONAL  HIGH  SCHOOL  SHALL BE DEEMED TO BE ENROLLED IN THE
REGIONAL HIGH SCHOOL, EXCEPT TO THE EXTENT  THAT  THEIR  ENROLLMENT  AND
ATTENDANCE  SHALL BE INCLUDED IN THE ENROLLMENT AND ATTENDANCE COUNTS OF
THE  PARTICIPATING  DISTRICTS  FOR  THE  PURPOSES OF STATE AID, AND THEY
SHALL BE TREATED AND COUNTED AS SUCH  FOR  PURPOSES  OF  ALL  STATE  AID
CALCULATIONS PURSUANT TO THIS CHAPTER,
  C.  THE  REGIONAL  HIGH  SCHOOL  SHALL OPERATE ITS OWN EXTRACURRICULAR
ACTIVITIES AND INTERSCHOLASTIC ATHLETICS AND THE STUDENTS ATTENDING SUCH
REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES
AND ATHLETICS AND SHALL NOT BE ELIGIBLE TO PARTICIPATE  IN  SUCH  ACTIV-
ITIES  AND  ATHLETICS  OF THEIR PARTICIPATING SCHOOL DISTRICT, EXCEPT TO
THE EXTENT THAT IF THE ACTIVITIES OR ATHLETICS  OF  THEIR  PARTICIPATING
DISTRICT  ARE  DESIGNED  OR  INTENDED TO ACCOMMODATE JOINT PARTICIPATION
BETWEEN STUDENTS FROM  THE  JUNIOR  HIGH  SCHOOL  OF  THE  PARTICIPATING
DISTRICT  AND  THE  REGIONAL  HIGH SCHOOL INCLUDING, BUT NOT LIMITED TO,
MODIFIED ATHLETIC TEAMS, MIXED GRADE MUSIC AND BAND PROGRAMS, AND  JOINT
GRADE  EXTRA-CURRICULAR  PROGRAMS,  THEN  THE STUDENTS FROM THE REGIONAL
HIGH SCHOOL MAY JOINTLY PARTICIPATE IN SUCH ACTIVITIES OR  ATHLETICS  IN
THEIR PARTICIPATING SCHOOL DISTRICT,
  D.  THE  REGIONAL  HIGH SCHOOL SHALL BE RESPONSIBLE FOR THE EVALUATION
AND GRADING OF THE ACADEMIC PERFORMANCE OF ALL  STUDENTS  ATTENDING  THE
REGIONAL HIGH SCHOOL, AND SHALL AWARD STUDENTS THEIR DIPLOMAS UPON GRAD-
UATION,
  E.  THE  CONTRACT  SHALL  PROVIDE THAT ALL TEACHERS, NON-INSTRUCTIONAL
EMPLOYEES AND OTHER STAFF MEMBERS OF THE PARTICIPATING SCHOOL DISTRICTS,
EXCEPT THE SUPERINTENDENT OF SCHOOLS, WHOSE SERVICES IN THE  PARTICIPAT-
ING  SCHOOL  DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE CREATION OF A
REGIONAL HIGH SCHOOL OR THE TRANSFERENCE  OF  STUDENTS  TO  AN  EXISTING
REGIONAL  HIGH  SCHOOL,  SHALL  BE GRANTED EMPLOYMENT RIGHTS IN THE HOST
SCHOOL DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
  F. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
TO A REGIONAL HIGH SCHOOL OPERATED BY A HOSTING  SCHOOL  DISTRICT,  EACH
TEACHER,  NON-INSTRUCTIONAL  EMPLOYEE AND ALL OTHER EMPLOYEES PREVIOUSLY
EMPLOYED IN THE EDUCATION OF SUCH STUDENTS BY SUCH PARTICIPATING  SCHOOL
DISTRICT  PRIOR  TO  THE TIME THAT SUCH PARTICIPATING DISTRICT SENDS ITS
STUDENTS TO THE REGIONAL HIGH SCHOOL SHALL BECOME MEMBERS OF THE EMPLOY-
EE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE HOSTING  DISTRICT  AT
THE  TIME  OF  CREATION OF THE REGIONAL HIGH SCHOOL UNTIL SUCH TIME AS A
SUCCESSOR AGREEMENT HAS BEEN NEGOTIATED,  AND  SHALL  PROVIDE  THAT  THE
DETERMINATION  OF BARGAINING UNIT STATUS AND REPRESENTATION RIGHTS SHALL
BE IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND  THE
RULES OF PROCEDURE OF THE PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMI-
NATION  OF  THE  REGIONAL  HIGH  SCHOOL  THE TEACHERS, NON-INSTRUCTIONAL
EMPLOYEES AND ALL OTHER EMPLOYEES SHALL  REVERT  BACK  TO  THE  CONTRACT
CURRENTLY  IN  EFFECT  AT  THE SENDING SCHOOL DISTRICT TO WHICH THEY ARE
SENT. FOR PURPOSES OF THIS SECTION, WHEN A PARTICIPATING SCHOOL DISTRICT
TAKES BACK STUDENTS THAT IT SENT TO ANOTHER DISTRICT ON A TUITION  BASIS
AND  SENDS  SUCH STUDENTS TO A REGIONAL HIGH SCHOOL OPERATED PURSUANT TO
THIS ARTICLE, THE HOSTING SCHOOL DISTRICT OF THE  REGIONAL  HIGH  SCHOOL
SHALL  BE  DEEMED  TO BE THE SENDING DISTRICT FOR PURPOSES OF THE RIGHTS
AND PROTECTIONS PROVIDED IN SECTION THREE THOUSAND  FOURTEEN-C  OF  THIS
CHAPTER AND/OR ARTICLE FIVE OF THE CIVIL SERVICE LAW,
  G.  IF  THE  NUMBER OF TEACHING, NON-INSTRUCTIONAL AND OTHER POSITIONS
NEEDED TO PROVIDE THE EDUCATIONAL SERVICES REQUIRED BY A  REGIONAL  HIGH
SCHOOL  IS LESS THAN THE NUMBER OF TEACHERS, NON-INSTRUCTIONAL EMPLOYEES

S. 5184--C                          4

AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF  THE  HOSTING
SCHOOL  DISTRICT OF SUCH REGIONAL HIGH SCHOOL AS PROVIDED BY PARAGRAPH F
OF THIS SUBDIVISION, THE SERVICES  OF  THE  TEACHERS,  NON-INSTRUCTIONAL
EMPLOYEES  AND OTHER EMPLOYEES HAVING THE LEAST SENIORITY IN THE PARTIC-
IPATING SCHOOL DISTRICTS WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS,
AS THE CASE MAY BE, OF THE POSITION SHALL BE DISCONTINUED.  SUCH  TEACH-
ERS,  NON-INSTRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES SHALL BE PLACED ON
A PREFERRED ELIGIBLE LIST OF CANDIDATES FOR  APPOINTMENT  TO  A  VACANCY
THAT  MAY  THEREAFTER OCCUR IN AN OFFICE OR POSITION UNDER THE JURISDIC-
TION OF THE PARTICIPATING SCHOOL DISTRICT, THE "RECEIVING  DISTRICT"  AS
DEFINED IN SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER, FROM WHICH
A PARTICIPATING SCHOOL DISTRICT HAS TAKEN BACK STUDENTS, AND THE HOSTING
SCHOOL  DISTRICT  OF  THE  REGIONAL  HIGH SCHOOL SIMILAR TO THE ONE SUCH
TEACHER OR OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT.  THE TEACH-
ERS, NON-INSTRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES ON  SUCH  PREFERRED
LISTS  SHALL BE REINSTATED OR APPOINTED TO SUCH VACANCIES IN SUCH CORRE-
SPONDING OR SIMILAR POSITIONS UNDER THE JURISDICTION OF THE  PARTICIPAT-
ING  SCHOOL DISTRICT OR THE HOSTING SCHOOL DISTRICT OF THE REGIONAL HIGH
SCHOOL IN THE ORDER OF THEIR LENGTH OF  SERVICE  IN  SUCH  PARTICIPATING
SCHOOL  DISTRICT,  WITHIN  SEVEN YEARS FROM THE DATE OF THE PLACEMENT OF
THE EMPLOYEE ON SAID LIST, AND
  H. FOR ANY SUCH TEACHER, NON-INSTRUCTIONAL EMPLOYEE OR OTHER  EMPLOYEE
AS DESCRIBED IN PARAGRAPHS E AND F OF THIS SUBDIVISION, FOR SALARY, SICK
LEAVE  AND  ANY  OTHER  PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH
PARTICIPATING SCHOOL DISTRICT SHALL BE CREDITED AS EMPLOYMENT TIME  WITH
THE  HOSTING  SCHOOL DISTRICT IF SUCH EMPLOYEES HAVE BECOME EMPLOYEES OF
THE HOSTING SCHOOL DISTRICT PURSUANT  TO  SUBDIVISION  FIFTEEN  OF  THIS
SECTION;
  6.  THE  CONTRACT  SHALL  SPECIFY  THE  COST  OF  THE OPERATION OF THE
REGIONAL HIGH SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND AN ITEM-
IZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT;
  7. THE CONTRACT SHALL SPECIFY THE CURRENT AND PROPOSED  FUTURE  TEACH-
ING,  NON-INSTRUCTIONAL AND ALL OTHER EMPLOYEE STAFFING LEVELS AND PLANS
OF THE REGIONAL HIGH SCHOOL;
  8. THE CONTRACT SHALL  SPECIFY  THE  CURRICULA  AND  CURRICULUM  PLANS
OFFERED  AND PROVIDED BY THE REGIONAL HIGH SCHOOL, AND SHALL REQUIRE THE
REGIONAL HIGH SCHOOL TO DOCUMENT AND DEMONSTRATE  THE  PROVISION  OF  AN
IMPROVED  SCOPE OF EDUCATIONAL SERVICES TO STUDENTS IN COMPARISON TO THE
SENDING SCHOOL DISTRICTS;
  9. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE ENROLLMENT LEVELS
AND PLANS OF THE REGIONAL HIGH SCHOOL;
  10. THE CONTRACT SHALL SPECIFY THE CURRENT  AND  FUTURE  BUILDING  AND
CAPITAL CONSTRUCTION PLANS FOR THE REGIONAL HIGH SCHOOL;
  11. THE CONTRACT SHALL SPECIFY PLANS FOR DELIVERY OF SPECIAL EDUCATION
PROGRAMS  AND  SERVICES  TO  STUDENTS  WITH  DISABILITIES  ATTENDING THE
REGIONAL HIGH SCHOOL, INCLUDING THE ROLES AND  RESPONSIBILITIES  OF  THE
COMMITTEES  ON  SPECIAL EDUCATION OF THE HOSTING SCHOOL DISTRICT AND THE
STUDENT'S SCHOOL DISTRICT OF RESIDENCE WHERE THAT IS DIFFERENT FROM  THE
HOSTING SCHOOL DISTRICT;
  12.  THE  CONTRACT  SHALL  SPECIFY  THE  PROCEDURES  FOR DISCIPLINE OF
STUDENTS ATTENDING THE REGIONAL HIGH SCHOOL,  INCLUDING  THE  APPLICABLE
CODE OF CONDUCT AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS
TO  THE  BOARD OF EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOUR-
TEEN OF THIS CHAPTER;
  13. THE CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF  THE  ESTAB-
LISHMENT  AND  OPERATION  OF  THE  REGIONAL  HIGH  SCHOOL, INCLUDING THE

S. 5184--C                          5

CURRENT AND EXPECTED STATE AID CHANGES, EXPENDITURES  AND  PROPERTY  TAX
LEVIES;
  14. THE CONTRACT SHALL SPECIFY THE PLAN AND PROCEDURES FOR PARTICIPAT-
ING  DISTRICTS  WITH REGARD TO THE ADMINISTRATIVE STRUCTURE AND STAFFING
PLANS OF EACH SUCH PARTICIPATING DISTRICT, TOGETHER WITH THE ADMINISTRA-
TIVE STRUCTURE AND STAFFING PLANS OF THE REGIONAL SCHOOL  DISTRICT,  AND
SUCH CONTRACT SHALL FURTHER CONTAIN PROVISIONS WHEREBY THE BOARDS OF THE
PARTICIPATING  SCHOOL  DISTRICTS,  UPON  A JOINT RESOLUTION ADOPTED BY A
MAJORITY VOTE OF EACH OF THE BOARDS OF THE PARTICIPATING DISTRICTS,  AND
UPON  THE  APPROVAL  OF  THE  COMMISSIONER,  SHALL BE AUTHORIZED TO MAKE
AMENDMENTS TO THE CONTRACT, IN ORDER THAT THE REGIONAL HIGH SCHOOL SHALL
BE OPERATED EFFECTIVELY IN ACCORDANCE WITH THE INTENT OF THIS ARTICLE;
  15. THE CONTRACT SHALL SPECIFY THAT  EACH  TEACHER,  NON-INSTRUCTIONAL
EMPLOYEE AND ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED IN THE EDUCATION OF
SUCH  STUDENTS  BY  SUCH PARTICIPATING SCHOOL DISTRICT PRIOR TO THE TIME
THAT SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO THE REGIONAL HIGH
SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE  ORGANIZATIONS  REPRESENTING
THE  EMPLOYEES  OF  THE  HOSTING DISTRICT AT THE TIME OF CREATION OF THE
REGIONAL HIGH SCHOOL UNTIL SUCH TIME AS A SUCCESSOR AGREEMENT  HAS  BEEN
NEGOTIATED,  AND SHALL PROVIDE THAT THE DETERMINATION OF BARGAINING UNIT
STATUS AND REPRESENTATION RIGHTS SHALL BE  IN  ACCORDANCE  WITH  ARTICLE
FOURTEEN  OF  THE  CIVIL  SERVICE  LAW AND THE RULES OF PROCEDURE OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF THE REGIONAL HIGH
SCHOOL THE TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL OTHER EMPLOYEES
SHALL REVERT BACK TO THE CONTRACT CURRENTLY IN  EFFECT  AT  THE  SENDING
SCHOOL DISTRICT TO WHICH THEY ARE SENT;
  16.  THE CONTRACT SHALL SPECIFY THAT THE REGIONAL HIGH SCHOOL SHALL BE
SOLELY RESPONSIBLE FOR THE IMPLEMENTATION AND COMPLETION OF ALL ACADEMIC
ACHIEVEMENT  STANDARDS  FOR  THE  STUDENTS   OF   PARTICIPATING   SCHOOL
DISTRICTS; AND
  17.  THIS  SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE RIGHTS OF
ANY OF SUCH TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS SECTION GRANT-
ED BY ANY OTHER PROVISION OF LAW.
  18. FOR PURPOSES OF THIS ARTICLE THE "HOSTING DISTRICT" SHALL MEAN THE
SCHOOL DISTRICT WHICH OPERATES THE  REGIONAL  HIGH  SCHOOL,  A  "SENDING
DISTRICT"  SHALL MEAN A DISTRICT WHICH PARTICIPATES IN THE REGIONAL HIGH
SCHOOL BUT THAT DOES  NOT  OPERATE  THE  REGIONAL  HIGH  SCHOOL,  AND  A
"PARTICIPATING  DISTRICT"  SHALL  MEAN  A  HOSTING DISTRICT OR A SENDING
DISTRICT.
  S 2. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
  K. INCENTIVE OPERATING AID FOR REGIONAL HIGH SCHOOLS.  NOTWITHSTANDING
THE PROVISIONS OF PARAGRAPHS A THROUGH J OF THIS  SUBDIVISION,  WHENEVER
TWO  OR  MORE  SCHOOL DISTRICTS ARE PARTIES TO AN AGREEMENT TO OPERATE A
REGIONAL HIGH SCHOOL PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS  CHAPTER,
AND  WHENEVER  AFTER  JULY  FIRST,  TWO THOUSAND TWELVE, ALL SUCH SCHOOL
DISTRICTS SO SCHEDULED DO ENTER INTO AN AGREEMENT TO OPERATE A  REGIONAL
HIGH SCHOOL PURSUANT TO SUCH ARTICLE THIRTY-NINE-A, AND
  (1)  WHENEVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
LEAST TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS  OWN
HIGH  SCHOOL,  AND  DOES  NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE
ESTABLISHMENT OF THE REGIONAL HIGH SCHOOL, OR
  (2) WHEREVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES  AT
LEAST  ONE  SCHOOL  DISTRICT  WHICH  PREVIOUSLY  MAINTAINED ITS OWN HIGH
SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING  THE  ESTAB-
LISHMENT  OF THE REGIONAL HIGH SCHOOL, AND IN ADDITION THERETO, INCLUDES

S. 5184--C                          6

AT LEAST ONE ADDITIONAL SCHOOL DISTRICT EMPLOYING EIGHT OR  MORE  TEACH-
ERS:    IN  EACH YEAR IN WHICH A SCHOOL DISTRICT IS PARTY TO SUCH AGREE-
MENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO FORTY
PERCENT  OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS
OF PARAGRAPH D-1 OF THIS SUBDIVISION; BUT IN NO CASE SHALL  THE  SUM  OF
SUCH  APPORTIONMENT UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID
PER PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER  CENTUM  OF  THE  YEAR
PRIOR  TO  THE  BASE  YEAR  APPROVED OPERATING EXPENSE. SCHOOL DISTRICTS
WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT BE  ELIGI-
BLE  FOR  AN APPORTIONMENT UNDER PARAGRAPH C, E, F OR J OF THIS SUBDIVI-
SION.
  (3) NOT LESS THAN FIFTY PERCENT OF  THE  AID  RECEIVED  BY  A  SENDING
SCHOOL  DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE USED TO IMPROVE ITS
GRADES PRE-KINDERGARTEN THROUGH EIGHT EDUCATIONAL PROGRAMS.
  S 3. This act shall take effect immediately.

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