senate Bill S3893A

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

  • 26 / Feb / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 30 / Jan / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 30 / Jan / 2014
    • PRINT NUMBER 3893A

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:
A5566A
Versions:
S3893
S3893A
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add Art 39-A §1920, amd §3602, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S5184C

Sponsor Memo

BILL NUMBER:S3893A

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 new Section 1920, and by adding a new
paragraph to Subdivision 14 of Section 3602 of the education law
regarding regional high school incentive aid.

Section 1920: authorizes two or more school districts that are wholly
contained within the same BOCES district 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 the 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 extracurricular 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 school principals, assistant
principals, other supervisory personnel, teachers and other staff
members of the participating school districts, except the
superintendent whose services in the participating school districts
are no longer needed, shall be granted employment rights in the host
school district in the same manner as is provided in sections 3014-a
and 3014-b of the education law.

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 percent 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 ore-K through 8 programs.

Section three of the bill provides for an immediate effective date.

JUSTIFICATION: This bill has been requested by several school
districts across the state that would like the opportunity to improve
educational outcomes by sharing resources and opportunities on a
regional basis.

In many districts in 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.

This bill would authorize school districts in the state, at local
option, to enter into a regional high school operating agreement
contract with at least one or more schools within their own BOCES
supervisory district. This reorganization option is important because
it can help schools maintain local identity because they are so often
the focal point of the community. This bill helps them do that while
providing aid for them to actually strengthen lower grade levels,
which will improve educational outcomes for all the students in the
participating school districts.

The New York State Rural Schools Association (RSA) 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 some schools could benefit greatly from
having a regional high school because they can enrich opportunities
for secondary students by offering full curricular, co-curricular and
interscholastic programs. RSA supports 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.

The New York State Board of Regents and the State Education Department
have recently indicated their support of legislation to authorize
regional high schools. Also, the Governor's Education Reform Task
Force in their final recommendation report of November 2012,
encouraged the Legislature to enact legislation authorizing regional
high schools as an option for school reorganizations. Further, many
education stakeholder groups have endorsed the proposal given the fact
that it has worked well in other states and would be a way to improve
educational outcomes while helping schools deal with the increasingly
higher costs of educating students in the state.

PRIOR LEGISLATIVE HISTORY: 2012: S.5247-A Referred to Education 2011:
S.5247-A Committed to Rules

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

EFFECTIVE DATE: Immediately.

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

                                 3893--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  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  SAME  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY
DISTRICT.  THEREAFTER, IF TWO OR MORE  SCHOOL  DISTRICTS  ADOPT  SUCH  A
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09291-02-4

S. 3893--A                          2

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,
  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,

S. 3893--A                          3

  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 SCHOOL PRINCIPALS, ASSISTANT
PRINCIPALS, OTHER  SUPERVISORY  EMPLOYEES,  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,
AND IN THE SAME MANNER AS IS PROVIDED IN SECTIONS THREE  THOUSAND  FOUR-
TEEN-A AND THREE THOUSAND FOURTEEN-B OF THIS CHAPTER,
  F. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
TO  A  REGIONAL  HIGH SCHOOL OPERATED BY A HOSTING SCHOOL DISTRICT, EACH
SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL,  SUPERVISORY  EMPLOYEE,  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 ORGANIZA-
TIONS 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 ACCORD-
ANCE 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 SCHOOL  PRINCIPALS,  ASSISTANT  PRINCIPALS,
SUPERVISORY  EMPLOYEES,  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 SUPERVISORY, TEACHING, NON-INSTRUCTIONAL AND OTHER
POSITIONS NEEDED TO PROVIDE  THE  EDUCATIONAL  SERVICES  REQUIRED  BY  A
REGIONAL  HIGH  SCHOOL  IS  LESS  THAN  THE NUMBER OF SCHOOL PRINCIPALS,
ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
EMPLOYEES AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF THE

S. 3893--A                          4

HOSTING SCHOOL DISTRICT OF SUCH REGIONAL  HIGH  SCHOOL  AS  PROVIDED  BY
PARAGRAPH  F OF THIS SUBDIVISION, THE SERVICES OF THE SCHOOL PRINCIPALS,
ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, 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  SCHOOL
PRINCIPALS,  ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, 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 JURISDICTION  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
SCHOOL  PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER OR
OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT.   THE  SCHOOL  PRINCI-
PALS,  ASSISTANT  PRINCIPALS,  SUPERVISORY  EMPLOYEES, TEACHERS, NON-IN-
STRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES ON SUCH PREFERRED LISTS  SHALL
BE  REINSTATED  OR  APPOINTED TO SUCH VACANCIES IN SUCH CORRESPONDING OR
SIMILAR POSITIONS UNDER THE JURISDICTION  OF  THE  PARTICIPATING  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 SCHOOL  PRINCIPAL,  ASSISTANT  PRINCIPAL,  SUPERVISORY
EMPLOYEE,  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 SUPERVI-
SORY, TEACHING, 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

S. 3893--A                          5

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
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 SCHOOL PRINCIPAL, ASSISTANT
PRINCIPAL, SUPERVISORY EMPLOYEE, 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 SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
EES, 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 SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
EES, TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS  SECTION  GRANTED  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 FOURTEEN,  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

S. 3893--A                          6

  (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
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, F OR J OF THIS SUBDIVISION.
  (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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