S. 4795 2
1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY
A BOARD OF EDUCATION.
1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS.
1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE.
S 1920. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "REGIONAL SECONDARY SCHOOL" SHALL MEAN A SECONDARY SCHOOL
ESTABLISHED BY PARTICIPATING DISTRICTS WITHIN A REGION OF NEW YORK
STATE.
2. THE TERM "SECONDARY SCHOOL" SHALL MEAN:
A. A HIGH SCHOOL CONTAINING GRADES NINE THROUGH TWELVE;
B. A JUNIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH EIGHT;
C. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH
TWELVE;
D. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SEVEN
THROUGH TWELVE; OR
E. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES EIGHT
THROUGH TWELVE.
3. THE TERM "REGION" SHALL MEAN THE COMBINED AREA OF ALL THE PARTIC-
IPATING DISTRICTS THAT ESTABLISH A REGIONAL SECONDARY SCHOOL.
4. THE TERM "PARTICIPATING DISTRICT" SHALL MEAN AN ELIGIBLE SCHOOL
DISTRICT WHOSE BOARD OF EDUCATION HAS ADOPTED A RESOLUTION TO ESTABLISH
A REGIONAL SECONDARY SCHOOL WITH ONE OR MORE OTHER ELIGIBLE SCHOOL
DISTRICTS.
5. THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN:
A. A CITY SCHOOL DISTRICT,
B. A CENTRAL SCHOOL DISTRICT,
C. A UNION FREE SCHOOL DISTRICT, AND/OR
D. A COMMON SCHOOL DISTRICT, WHICH IS ELIGIBLE TO ESTABLISH A REGIONAL
SECONDARY SCHOOL.
6. THE TERM "HOSTING DISTRICT" SHALL MEAN THE PARTICIPATING DISTRICT
WHICH HOSTS THE REGIONAL SECONDARY SCHOOL.
7. THE TERM "REGIONAL REFERENDUM" SHALL MEAN A REFERENDUM, PRESENTED
SIMULTANEOUSLY ON THE BALLOT OF ALL THE PARTICIPATING DISTRICTS, AND
DETERMINED BY A MAJORITY VOTE OF THE PARTICIPATING ELECTORS OF THE
REGION COLLECTIVELY.
8. THE TERM "PROPOSED CONTRACT" SHALL MEAN THE CONTRACT ADOPTED BY ALL
THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS FOR THE ESTAB-
LISHMENT AND OPERATION OF THE REGIONAL SECONDARY SCHOOL.
9. THE TERM "GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL" SHALL
MEAN THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL AS DESIGNATED
BY THE PROPOSED CONTRACT.
S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF EDUCATION. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED
PURSUANT TO THIS SECTION.
2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE
ELIGIBLE SCHOOL DISTRICTS.
3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT
TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET
FORTH WITHIN THIS SECTION.
4. A REGIONAL SECONDARY SCHOOL:
A. SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, UNLESS:
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(I) UPON APPLICATION OF THE BOARDS OF EDUCATION SEEKING TO ESTABLISH A
REGIONAL SECONDARY SCHOOL, THE COMMISSIONER AGREES TO WAIVE THIS
REQUIREMENT; OR
(II) THE PARTICIPATING SCHOOL DISTRICT IS A CENTRAL HIGH SCHOOL
DISTRICT, WHICH SUBJECT TO APPROVAL OF ITS VOTERS, ENTERED INTO AN
AGREEMENT WITH SCHOOL DISTRICTS OTHER THAN ITS COMPONENT SCHOOL
DISTRICTS, THAT ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
B. SHALL NOT BE A COMPONENT SCHOOL DISTRICT OF A CENTRAL HIGH SCHOOL
DISTRICT, OR A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN SECTION FOUR
THOUSAND ONE OF THIS CHAPTER.
5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.
6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC-
IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL,
EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY
SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF
THIS ARTICLE.
7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL MAY BE
OPERATED BY:
A. ONE OF THE PARTICIPATING DISTRICTS, CONSTITUTING THE HOSTING
DISTRICT, WHICH SHALL ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE
AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINISTRATION OF
SUCH REGIONAL SECONDARY SCHOOL; OR
B. A JOINT BOARD OF EDUCATION ESTABLISHED PURSUANT TO THIS SECTION.
8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC-
IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE
BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS-
ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL.
B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI-
CATE:
(I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS;
(II) WHETHER THE SCHOOL WOULD BE GOVERNED BY A PROPOSED HOSTING
DISTRICT OR A JOINT BOARD OF EDUCATION;
(III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL
SECONDARY SCHOOL;
(IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL;
(V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE
PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE
OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE
PROPOSED PARTICIPATION DISTRICTS.
C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT
MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO VOTES
BE HELD IN ANY SCHOOL YEAR.
10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM,
PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT-
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ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.
11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION
AND APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE
ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY SCHOOL, MAY JOIN THE
REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF OPERA-
TION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A
MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD
PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL
DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF
EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA-
TION OF THE REGIONAL SECONDARY SCHOOL.
B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTER-MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL.
B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS.
C. THE PROPOSED CONTRACT SHALL ESTABLISH A GOVERNING BOARD OF THE
REGIONAL SECONDARY SCHOOL, THAT WILL OPERATE THE REGIONAL SECONDARY
SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS:
(I) THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE
DESIGNATED BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF EDUCATION
OF THE HOSTING DISTRICT, OR A JOINT BOARD OF EDUCATION ESTABLISHED BY
THE PARTICIPATING DISTRICTS.
(II) IN THE EVENT THE PROPOSED CONTRACT DESIGNATES A JOINT BOARD OF
EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL:
(1) SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH NOT
LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC-
IPATING SCHOOL DISTRICT, AND WITH ANY REMAINING MEMBERS BEING JOINTLY
APPOINTED BY THE BOARDS OF EDUCATION OF THE PARTICIPATING SCHOOL
DISTRICTS COLLECTIVELY;
(2) THE PROPOSED CONTRACT, CONSISTENT WITH THE PROVISIONS OF THIS
SECTION, SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINTMENT
OF THE JOINT BOARD MEMBERS; AND
(3) THE JOINT BOARD SHALL HAVE THE SAME POWERS AND DUTIES WITH RESPECT
TO THE REGIONAL SECONDARY SCHOOL AS A BOARD OF EDUCATION OF A UNION FREE
SCHOOL DISTRICT HAS WITH RESPECT TO ITS SCHOOLS UNDER THIS CHAPTER,
EXCEPT AS MODIFIED BY THE TERMS OF THE PROPOSED CONTRACT.
(III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION,
SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL
BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING THE
CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS FOR ALL
STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE DESIG-
NATED IN THE PROPOSED CONTRACT.
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(IV) THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL OF THE
GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES.
D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF-
ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET.
E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL.
F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE
PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE.
G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION.
H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY
BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT
LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
I. THE PROPOSED CONTRACT SHALL SPECIFY:
(I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL
DISTRICTS;
(II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
(III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS;
AND
(IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY
SCHOOL.
J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY
SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS,
INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND
MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE
STUDENT PERFORMANCE.
K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE
RESOLVED AS FOLLOWS:
(I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING
SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING
REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME
EMPLOYEES OF THE GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT,
AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY
GAINED IN THE PARTICIPATING DISTRICT.
(II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT
OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES
REQUIRED BY A REGIONAL SECONDARY SCHOOL IS LESS THAN THE NUMBER OF
TEACHERS, TEACHING ASSISTANTS, AND TEACHER AIDES ELIGIBLE TO BE CONSID-
ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL
SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND
TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL
S. 4795 6
DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY
BE, OF THE POSITION SHALL BE DISCONTINUED.
(III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR
TEACHER AIDES 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 IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER.
(IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO
IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER
PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL
DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL
SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE DESIGNATED GOVERNING
BOARD.
(V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS
SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO
THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST-
ANTS AND TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN THE
REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE
PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL
DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER.
(VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY
EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL
DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO
LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A REGIONAL SECONDARY
SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING REGIONAL SECONDARY
SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING
THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT, AND SHALL HAVE
EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACHING ASSISTANTS OR TEACHER
AIDES PROVIDED IN THIS SECTION AND THE EXISTING RELEVANT SECTIONS OF
THIS CHAPTER.
L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE DESIGNATED GOVERNING
BOARD AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF
CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL WILL BE
ALLOCATED AMONGST THE PARTICIPATING DISTRICTS.
M. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS.
N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE
APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND
PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER.
O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL
DISTRICT.
P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES
AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE
REGIONAL SECONDARY SCHOOL.
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Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE
REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES.
R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE
REGIONAL SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS,
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE-
SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF
THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE
HOSTING DISTRICT.
S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL
BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS
AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO
MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF
EDUCATION OF THE PARTICIPATING DISTRICTS. THE REGIONAL SECONDARY SCHOOL
SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT CEASE
OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
S 1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1. A REGIONAL SECONDARY
SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION.
2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE
ELIGIBLE SCHOOL DISTRICTS.
3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT
TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET
FORTH WITHIN THIS SECTION.
4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY CONTAINED WITHIN THE
SUPERVISORY DISTRICT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
OPERATING THE REGIONAL SECONDARY SCHOOL.
5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.
6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC-
IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL,
EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY
SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF
THIS ARTICLE.
7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL OPERATED BY
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL HAVE SUCH BOARD OF
COOPERATIVE EDUCATIONAL SERVICES ASSUME THE RESPONSIBILITY TO OPERATE,
SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS-
TRATION OF SUCH REGIONAL SECONDARY SCHOOL.
8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC-
IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE
BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS-
ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL.
B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI-
CATE:
(I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS;
(II) THAT THE REGIONAL SECONDARY SCHOOL SHALL BE OPERATED BY A BOARD
OF COOPERATIVE EDUCATIONAL SERVICES;
(III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL
SECONDARY SCHOOL;
(IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL;
S. 4795 8
(V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE
PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE
OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE
PROPOSED PARTICIPATING DISTRICTS.
C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT
MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT MAY MORE THAN TWO VOTES
BE HELD IN ANY SCHOOL YEAR.
10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM,
PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT-
ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.
11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION,
AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL
SECONDARY SCHOOL, AND UPON THE APPROVAL OF THE COMMISSIONER, ADDITIONAL
SCHOOL DISTRICTS, OTHERWISE ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY
SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN
THE REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF
OPERATION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL
UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD
PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL
DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF
EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA-
TION OF THE REGIONAL SECONDARY SCHOOL.
B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTERMUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL;
B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS;
C. THE PROPOSED CONTRACT SHALL ESTABLISH:
(I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN-
ING BOARD OF THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL
SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS;
(II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN-
ING BOARD OF THE REGIONAL SECONDARY SCHOOL, SHALL HAVE RESPONSIBILITY
FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY
SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL,
S. 4795 9
INCLUDING THE CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS
FOR ALL STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE
DESIGNATED IN THE PROPOSED CONTRACT; AND
(III) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE
GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A
SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES;
D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF-
ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET;
E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL;
F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE
PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE;
G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION.
H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY
BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT
LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
I. THE PROPOSED CONTRACT SHALL SPECIFY:
(I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL
DISTRICTS;
(II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
(III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS;
AND
(IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY
SCHOOL;
J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY
SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS,
INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND
MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE
STUDENT PERFORMANCE;
K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE
RESOLVED AS FOLLOWS:
(I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING
SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS TO AN EXISTING
REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME
EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN
THE PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT
STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT;
(II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT
OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES
REQUIRED BY A REGIONAL SECONDARY SCHOOL IS LESS THAN THE NUMBER OF
S. 4795 10
TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES ELIGIBLE TO BE CONSID-
ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL
SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND
TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL
DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY
BE, OF THE POSITION SHALL BE DISCONTINUED;
(III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR
TEACHER AIDES 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 IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER;
(IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO
IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER
PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL
DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL
SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES;
(V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS
SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO
THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST-
ANTS, AND TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME
EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS
WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND
FOURTEEN-B OF THIS CHAPTER;
(VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY
EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL
DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO
LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A REGIONAL SECONDARY
SCHOOL, OR THE TRANSFER OF STUDENTS IN AN EXISTING REGIONAL SECONDARY
SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING
THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN THE PROPOSED
CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH-
ING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST-
ING RELEVANT SECTIONS OF THIS CHAPTER.
L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE
LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY
SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS;
M. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS;
N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE
APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND
PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER;
O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
S. 4795 11
AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL
DISTRICT;
P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES
AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE
REGIONAL SECONDARY SCHOOL;
Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE
REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES;
R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE
REGIONAL SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS,
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE-
SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF
THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE
HOSTING DISTRICT; AND
S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL
BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS
AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO
MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF
EDUCATION OF THE PARTICIPATING DISTRICTS AND THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE REGIONAL SECONDARY
SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT
CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
S 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1. STUDENTS ATTEND-
ING A REGIONAL SECONDARY SCHOOL SHALL BE DEEMED ENROLLED IN THEIR SCHOOL
DISTRICT OF RESIDENCE AND SHALL BE INCLUDED IN THE APPLICABLE MEMBER-
SHIP, ENROLLMENT AND ATTENDANCE COUNTS OF THEIR RESPECTIVE SCHOOL
DISTRICTS OF RESIDENCE FOR PURPOSES OF COMPUTATION OF STATE AID TO SUCH
SCHOOL DISTRICTS. THE COSTS OF EDUCATING EACH SUCH STUDENT SHALL BE
INCLUDED IN THE APPROVED OPERATING EXPENSE OF THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
THE STATE AID ATTRIBUTABLE TO SUCH STUDENT SHALL BE COMPUTED IN THE SAME
MANNER AS AID ATTRIBUTABLE TO OTHER RESIDENT STUDENTS AND SHALL BE PAYA-
BLE TO THE SCHOOL DISTRICT OF RESIDENCE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SCHOOL DISTRICT THAT OWNS THE FACILITY USED TO HOUSE THE REGIONAL
SECONDARY SCHOOL SHALL BE THE ONLY SCHOOL DISTRICT ELIGIBLE FOR BUILDING
AID PURSUANT TO THE APPLICABLE PROVISIONS OF SUBDIVISION SIX, SIX-A,
SIX-C, SIX-E OR SIX-F OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER
FOR PROJECTS INVOLVING THE REGIONAL SECONDARY SCHOOL THAT ARE APPROVED
BY THE QUALIFIED VOTERS OF SUCH DISTRICT AFTER ESTABLISHMENT OF THE
REGIONAL SECONDARY SCHOOL, PROVIDED THAT SUCH AID SHALL BE COMPUTED
USING THE BUILDING AID RATIO APPLICABLE TO PROJECTS OF THE SCHOOL
DISTRICT THAT OWNS THE REGIONAL SECONDARY SCHOOL FACILITY UNDER THE
PROVISIONS OF PARAGRAPHS B AND C OF SUBDIVISION SIX OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID TO SUCH
SCHOOL DISTRICT OR TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON
BEHALF OF SUCH SCHOOL DISTRICT WHERE THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OPERATES THE REGIONAL SECONDARY SCHOOL. THE SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE
LOCAL SHARE OF THE COSTS OF SUCH PROJECTS TO THE PARTICIPATING SCHOOL
DISTRICTS IN ACCORDANCE WITH ITS CONTRACT ENTERED INTO PURSUANT TO
SECTION NINETEEN HUNDRED TWENTY OR NINETEEN HUNDRED TWENTY-ONE OF THIS
ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID PURSU-
S. 4795 12
ANT TO SUBDIVISION SIX-B OR PARAGRAPH C OF SUBDIVISION FOURTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
3. NOTWITHSTANDING ANY PROVISION OF SECTION NINETEEN HUNDRED FIFTY OR
NINETEEN HUNDRED FIFTY-ONE OF THIS TITLE TO THE CONTRARY, IN THE CASE OF
A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES THAT IS HOUSED IN A FACILITY OWNED BY A PARTICIPATING
SCHOOL DISTRICT, THE CAPITAL EXPENSES FOR BUILDING PROJECTS INVOLVING
THE REGIONAL SECONDARY SCHOOL SHALL BE A CHARGE UPON THE PARTICIPATING
SCHOOL DISTRICTS ONLY, AND SUCH COSTS SHALL NOT BE ALLOCATED TO OTHER
COMPONENT SCHOOL DISTRICTS. SUCH CAPITAL EXPENSES SHALL NOT BE ELIGIBLE
FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY
OF THIS TITLE. PROVIDED, HOWEVER, THAT COSTS OF AIDABLE SHARED SERVICES
PROVIDED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SUPPLEMENT
THE PROGRAMS OF THE REGIONAL SECONDARY SCHOOL SHALL BE ELIGIBLE FOR AID
PURSUANT TO SUCH SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY, THE
ADMINISTRATIVE EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL
AND THE CAPITAL EXPENSES ATTRIBUTABLE TO A REGIONAL SECONDARY SCHOOL
HOUSED IN A FACILITY OWNED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE ALLOCATED TO COMPONENT SCHOOL DISTRICTS IN ACCORDANCE
WITH SECTION NINETEEN HUNDRED FIFTY OR NINETEEN HUNDRED FIFTY-ONE OF
THIS TITLE AND SHALL BE ELIGIBLE FOR AID PURSUANT TO SUCH SUBDIVISION
FIVE OF SECTION NINETEEN HUNDRED FIFTY.
4. THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PARTICIPATING IN A
REGIONAL SECONDARY SCHOOL PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE FOR
ADDITIONAL STATE AID IN ACCORDANCE WITH PARAGRAPH K OF SUBDIVISION FOUR-
TEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
S 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL
SECONDARY SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL
ESTABLISH AN ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL BE
COMPOSED OF THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH PARTICIPAT-
ING SCHOOL DISTRICT, THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH
SUPERVISORY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, WHERE APPLICABLE,
AND THE SUPERINTENDENT OF EACH PARTICIPATING SCHOOL DISTRICT AND THE
SUPERINTENDENT OF THE SUPERVISORY DISTRICT IN WHICH THE REGIONAL SECOND-
ARY SCHOOL IS LOCATED. THE SUPERINTENDENT OF THE SUPERVISORY DISTRICT
SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE.
2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT
LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL
SECONDARY SCHOOL OPERATES. DURING SUCH MEETINGS, THE ADVISORY COMMITTEE
SHALL REVIEW THE OPERATION OF THE REGIONAL SECONDARY SCHOOL AND MAKE
RECOMMENDATIONS TO THE HOSTING DISTRICT OR THE SUPERVISORY BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, AS THE CASE MAY BE, ON THE CONTINUED
OPERATION OF SUCH SECONDARY SCHOOL.
S 3. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
OO. PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS TITLE, A BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN AGREEMENT WITH TWO OR
MORE SCHOOL DISTRICTS ELIGIBLE TO ENTER INTO SUCH AN AGREEMENT IN
ACCORDANCE WITH SECTION NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, WHICH
MAY INCLUDE CITY SCHOOL DISTRICTS, CENTRAL SCHOOL DISTRICTS, CENTRAL
HIGH SCHOOL DISTRICTS, UNION FREE SCHOOL DISTRICTS, AND/OR COMMON SCHOOL
DISTRICTS WHICH ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, TO FORM A REGIONAL
SECONDARY SCHOOL TO BE OPERATED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE THE
SAME POWERS AND DUTIES WITH RESPECT TO SUCH REGIONAL SECONDARY SCHOOL AS
S. 4795 13
THE BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT HAS WITH RESPECT
TO ITS SCHOOLS, CONSISTENT WITH THE TERMS OF ITS AGREEMENT WITH THE
PARTICIPATING SCHOOL DISTRICTS.
S 4. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding three new subparagraphs 11, 12 and 13 to read as
follows:
(11) TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE A
REGIONAL SECONDARY SCHOOL AS ESTABLISHED PURSUANT TO THE PROVISIONS OF
SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE.
(12) TO DEVELOP CORE CURRICULUM FOR STUDENTS ATTENDING A REGIONAL
SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE-
TEEN HUNDRED TWENTY-TWO OF THIS TITLE.
(13) TO ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO
GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE
PROVISIONS OF SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE, UNDER
THE SAME CONDITIONS AS A SCHOOL DISTRICT.
S 5. Paragraph b of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
(8) FOR REGIONAL SECONDARY SCHOOLS ESTABLISHED PURSUANT TO SECTION
NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL PREPARE AND PROPOSE A TENTATIVE BUDGET OF
EXPENDITURES FOR PROGRAM, ADMINISTRATIVE AND CAPITAL COSTS TO OPERATE
THE REGIONAL SECONDARY SCHOOL IN THE ENSUING SCHOOL YEAR. SUCH PROPOSED
BUDGET SHALL BE PROVIDED TO THE BOARD OF EDUCATION OF EACH PARTICIPATING
SCHOOL DISTRICT OF THE REGIONAL SECONDARY SCHOOL, BY THE DATE PROVIDED
IN THE AGREEMENT ENTERED INTO PURSUANT TO SUCH SECTION NINETEEN HUNDRED
TWENTY-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE AFFORDED AN OPPORTUNITY TO REVIEW AND COMMENT ON THE PROPOSED
BUDGET PRIOR TO ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES.
S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. TRANSITION INCENTIVE AID FOR REGIONAL SECONDARY SCHOOLS. (1)
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS A THROUGH G OF THIS SUBDI-
VISION, FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO
AN AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSU-
ANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER
JULY FIRST, TWO THOUSAND THIRTEEN AND PARTICIPATED IN SUCH REGIONAL
SECONDARY SCHOOL IN THE BASE YEAR SHALL BE ELIGIBLE FOR TRANSITION
INCENTIVE AID PURSUANT TO THIS PARAGRAPH PROVIDED THAT THE FOLLOWING
CONDITIONS ARE MET:
(I) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES AT LEAST TWO
SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY
SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL
OR JUNIOR HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL
SECONDARY SCHOOL, OR
(II) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES AT LEAST ONE
SCHOOL DISTRICT WHICH PREVIOUSLY MAINTAINED ITS OWN HIGH SCHOOL OR
JUNIOR HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR JUNIOR
HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL SECONDARY
SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL
DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN
HIGH SCHOOL OR JUNIOR HIGH SCHOOL;
(2) IN EACH OF THE FIRST THIRTEEN YEARS IN WHICH A SCHOOL DISTRICT IS
PARTY TO SUCH AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPOR-
S. 4795 14
TIONMENT EQUAL TO THE PRODUCT OF (I) THIRTY PERCENT OF THE APPORTIONMENT
COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH D-1 OF THIS
SUBDIVISION, MULTIPLIED BY (II) THE QUOTIENT OF THE NUMBER OF PUPILS
WITHIN SUCH SCHOOL DISTRICT ATTENDING THE REGIONAL SECONDARY SCHOOL IN
THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT
OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW REGIONAL SECONDARY
SCHOOL OR SCHOOLS; PROVIDED FURTHER THAT SUCH DISTRICTS SHALL BE ELIGI-
BLE TO RECEIVE AN ADDITIONAL APPORTIONMENT EQUAL TO THE PRODUCT OF (I)
TEN PERCENT OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH D-1 OF THIS SUBDIVISION MULTIPLIED BY (II) THE
QUOTIENT OF THE NUMBER OF PUPILS WITHIN SUCH SCHOOL DISTRICT ATTENDING
THE REGIONAL SECONDARY SCHOOL IN THE BASE YEAR DIVIDED BY THE RESIDENT
PUBLIC SCHOOL DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT WITHIN THE
GRADES OF THE NEW REGIONAL SECONDARY SCHOOL OR SCHOOLS UPON MEETING
ACADEMIC ACHIEVEMENT GOALS AS ESTABLISHED BY THE COMMISSIONER IN ACCORD-
ANCE WITH A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSION-
ER. IN NO CASE SHALL THE SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH
PLUS THE SELECTED OPERATING AID PER PUPIL BE MORE THAN A TOTAL OF NINE-
TY-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 ELIGIBLE FOR AN APPORTIONMENT UNDER PARAGRAPH C,
F OR J OF THIS SUBDIVISION.
(3) THE APPORTIONMENT THAT A SCHOOL DISTRICT SHALL BE ENTITLED TO
RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED,
AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE AMOUNT
OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE
SUCH APPORTIONMENT.
S 7. This act shall take effect July 1, 2013, provided that if this
act becomes a law after such date, it shall take effect immediately and
be deemed to have been in full force and effect on and after July 1,
2013.