senate Bill S5184C

2011-2012 Legislative Session

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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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to ways and means
delivered to assembly
passed senate
May 30, 2012 advanced to third reading
May 23, 2012 2nd report cal.
May 22, 2012 1st report cal.865
May 01, 2012 print number 5184c
amend (t) and recommit to education
Jan 04, 2012 referred to education
returned to senate
died in assembly
Jun 15, 2011 referred to education
delivered to assembly
passed senate
Jun 14, 2011 ordered to third reading cal.1245
Jun 13, 2011 committee discharged and committed to rules
Jun 10, 2011 print number 5184b
amend and recommit to finance
May 24, 2011 reported and committed to finance
May 20, 2011 print number 5184a
amend and recommit to education
May 03, 2011 referred to education

Votes

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May 22, 2012 - Education committee Vote

S5184C
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Education committee vote details

Jun 14, 2011 - Rules committee Vote

S5184B
22
1
committee
22
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 24, 2011 - Education committee Vote

S5184
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S5184 - Bill Details

See Assembly Version of this Bill:
A8002B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 39-A §1920, amd §3602, Ed L

S5184 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5184

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

PURPOSE OR GENERAL IDEA OF BILL: Would authorize two
or more school
districts in certain supervisory districts 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, 1921 and 1922.

Section 1920 authorizes two or more school districts that are wholly
contained within the Cattaraugus-Allegany-Erie-Wyoming BOCES, the
Erie 2 Chautauqua-Cattaraugus BOCES or the Greater Southern Tier
BOCES to enter into a contract to allow BOCES to operate a regional
high school. The contract shall be for a minimum of two years and may
be renewed by mutual agreement of the respective boards of education
and BOCES. 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 extra-curricular activities and athletics.
Teacher and employee rights shall be recognized in accordance with
current state education law.

Section 1921 provides that BOCES shall take over all educational
programs of the regional high school and employees of the regional
high school shall be employees of BOCES. Upon termination of the
regional high school contract, the employees shall become employees
of the hosting school district of the regional high school. The
program and administrative expenses of the regional high school shall
be a charge upon the school districts participating in the regional
high school, and BOCES shall portion such expenses to the
participating schools in the manner prescribed in the contract
establishing the regional high school.

This section also provides that all schools and other facilities of
the participating school districts of the regional high school which
are used by BOCES in the operation of the regional high school, shall
be deemed leased to BOCES at no cost. Additionally, students
receiving instruction shall be deemed to be enrolled in their
participating school district, and not BOCES. The participating
school district shall remain responsible for the
performance of its regional high school students under the state
educational accountability system.

Section 1922 provides that the boards of education which are parties
to an agreement to operate a regional high school and do in fact
operate one shall be eligible for additional state aid pursuant to
section 3602 of state education law.

JUSTIFICATION:
This bill has been requested by several school districts and BOCES


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 BOCES 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.

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

                                  5184

                       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

AN ACT to amend the education law, in relation to authorizing the estab-
  lishment of regional high  school  districts  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.
        1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
        1922. ADDITIONAL STATE AID.
  S  1920.  REGIONAL HIGH SCHOOL; ESTABLISHMENT.  A REGIONAL HIGH SCHOOL
MAY BE FORMED  BY  A  CONTRACT  ENTERED  INTO  BY  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-CATTAURAUGUS
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT,  OR  THE
GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
SORY  DISTRICT.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS  ARTICLE, THE
PROVISIONS OF THIS CHAPTER AS TO THE COURSES OF  STUDY,  THE  QUALIFICA-
TIONS  AND  EMPLOYMENT OF TEACHERS AND OTHER STAFF, AND THE MAINTENANCE,
CONDUCT AND SUPERVISION OF PUBLIC SCHOOLS IN  CENTRAL  SCHOOL  DISTRICTS
SHALL  APPLY TO A REGIONAL HIGH SCHOOL. ANY CONTRACT FOR A REGIONAL HIGH
SCHOOL SHALL BE  SUBJECT  TO  APPROVAL  BY  THE  COMMISSIONER,  AND  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-04-1

S. 5184                             2

REGIONAL  HIGH SCHOOL AND THE CONTRACT SHALL MEET THE FOLLOWING REQUIRE-
MENTS:
  1.  THE  CONTRACT  SHALL  BE  FOR A PERIOD OF NOT LESS THAN TWO 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 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO A
CONTRACT AUTHORIZED BY SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS ARTI-
CLE;
  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.  SUCH  REGIONAL  HIGH SCHOOL SHALL OPERATE ITS OWN EXTRA-CURRICULAR
ACTIVITIES AND INTER-SCHOLASTIC 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  ACTIVITIES  AND  ATHLETICS OF THEIR PARTICIPATING SCHOOL DISTRICT;
AND
  6. 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.
  S  1921.  OPERATION  BY  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE  BOARDS
OF  EDUCATION  WHICH  ARE  PARTIES TO AN AGREEMENT TO OPERATE A REGIONAL
HIGH SCHOOL PURSUANT TO THIS ARTICLE  MAY,  WITH  THE  APPROVAL  OF  THE
COMMISSIONER,   CONTRACT  WITH  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES OF THE SUPERVISORY DISTRICT IN WHICH THEY ARE LOCATED  FOR  THE
MANAGEMENT  AND  OPERATION  OF  THE  REGIONAL HIGH SCHOOL. SUCH CONTRACT
SHALL BE FOR A PERIOD OF NOT LESS THAN TWO SCHOOL YEARS  AND,  WITH  THE
APPROVAL  OF THE COMMISSIONER, MAY BE RENEWED BY MUTUAL AGREEMENT OF THE
BOARDS OF EDUCATION AND THE BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES.
EVERY  SUCH CONTRACT SHALL PROVIDE FOR THE COMMENCEMENT OF OPERATIONS OF
THE REGIONAL HIGH SCHOOL ON THE FIRST OF  JULY,  AND  SHALL  ONLY  CEASE
OPERATIONS ON THE THIRTIETH OF JUNE OF ANY SCHOOL YEAR.
  1. UPON ENTRY INTO SUCH CONTRACT, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL TAKE OVER ALL OF THE EDUCATIONAL PROGRAMS OF THE REGIONAL
HIGH  SCHOOL,  AND  ANY  EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR OF THE
PARTICIPATING SCHOOL DISTRICTS, AS THE CASE MAY BE, SHALL BECOME EMPLOY-
EES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE  PROVISIONS
OF  SECTION  THREE THOUSAND FOURTEEN-A OF THIS CHAPTER SHALL APPLY. SUCH
EMPLOYEES SHALL BE EMPLOYEES OF THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  AND  SHALL NOT BE DEEMED EMPLOYEES OF THE REGIONAL HIGH SCHOOL
OR THE PARTICIPATING SCHOOL DISTRICTS FOR ANY PURPOSE. UPON  TERMINATION
OF  THE  CONTRACT,  THE REGIONAL HIGH SCHOOL OR THE PARTICIPATING SCHOOL
DISTRICTS, AS THE CASE MAY BE, SHALL TAKE OVER THE EDUCATIONAL  PROGRAMS
AND  THE EMPLOYEES SHALL BECOME EMPLOYEES OF THE HOSTING SCHOOL DISTRICT
OF THE REGIONAL HIGH SCHOOL, AND THE PROVISIONS OF SECTION  THREE  THOU-
SAND FOURTEEN-B OF THIS CHAPTER SHALL APPLY.
  2. NOTWITHSTANDING ANY PROVISIONS OF SECTION NINETEEN HUNDRED FIFTY OF
THIS TITLE OR ANY OTHER LAW TO THE CONTRARY, THE PROGRAM AND ADMINISTRA-

S. 5184                             3

TIVE  EXPENSES  ATTRIBUTABLE TO THE PROGRAMS OF THE REGIONAL HIGH SCHOOL
SHALL BE A  CHARGE  UPON  THE  SCHOOL  DISTRICTS  PARTICIPATING  IN  THE
REGIONAL  HIGH SCHOOL, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL PORTION SUCH EXPENSES TO THE SCHOOL DISTRICTS PARTICIPATING IN THE
REGIONAL  HIGH  SCHOOL  IN THE MANNER PRESCRIBED IN THE CONTRACT BETWEEN
THE PARTICIPATING SCHOOL DISTRICTS AND THE BOARD OF  COOPERATIVE  EDUCA-
TIONAL SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT
CHARGE  ANY  PORTION  OF THE PROGRAM OR ADMINISTRATIVE EXPENSES INCURRED
PURSUANT TO THIS SUBDIVISION TO ITS OTHER  COMPONENT  SCHOOL  DISTRICTS.
SUCH  ADMINISTRATIVE  AND PROGRAM EXPENSES SHALL NOT BE ELIGIBLE FOR AID
PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY  OF  THIS
TITLE,  BUT  SHALL  BE  ELIGIBLE  FOR AID PURSUANT TO SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER TO THE SAME EXTENT AS THE  EXPENSES  OF  ANY
OTHER  HIGH  SCHOOL EDUCATION PROGRAM. NOTHING IN THIS SUBDIVISION SHALL
BE  CONSTRUED  TO  PREVENT  THE  PARTICIPATING  SCHOOL  DISTRICTS   FROM
CONTRACTING WITH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR AIDA-
BLE  SHARED SERVICES IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS
ANY OTHER COMPONENT SCHOOL DISTRICT, AND THE COST OF SUCH AIDABLE SHARED
SERVICES SHALL BE ELIGIBLE FOR  AID  PURSUANT  TO  SUBDIVISION  FIVE  OF
SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  3. DURING THE TERM OF A CONTRACT PURSUANT TO THIS SECTION, ALL SCHOOLS
AND  OTHER  FACILITIES  OF  THE  PARTICIPATING  SCHOOL  DISTRICTS OF THE
REGIONAL HIGH SCHOOL WHICH ARE USED BY THE BOARD OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  IN  THE OPERATION OF THE REGIONAL HIGH SCHOOL SHALL BE
DEEMED LEASED TO THE BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  AT  NO
COST. SUCH SCHOOLS AND OTHER FACILITIES SHALL REMAIN THE PROPERTY OF THE
PARTICIPATING  SCHOOL  DISTRICTS  AND  ANY CAPITAL EXPENSES AND BUILDING
MAINTENANCE COSTS INCURRED WITH RESPECT TO SUCH FACILITIES  SHALL  BE  A
CHARGE  UPON  THE  PARTICIPATING SCHOOL DISTRICTS IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT. SUCH CAPITAL EXPENSES AND MAINTENANCE COSTS SHALL
NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN
HUNDRED FIFTY OF THIS TITLE BUT SHALL BE ELIGIBLE FOR  AID  PURSUANT  TO
SECTION  THIRTY-SIX  HUNDRED  TWO  OF THIS CHAPTER TO THE SAME EXTENT AS
SUCH EXPENSES OF ANY OTHER SCHOOL DISTRICT.
  4. STUDENTS RECEIVING INSTRUCTION FROM THE REGIONAL HIGH SCHOOL  SHALL
NOT  BE  DEEMED  TO  BE ENROLLED IN THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, EXCEPT TO THE EXTENT THAT THEY ARE PARTICIPATING IN  A  SHARED
SERVICE  IN  THEIR  ENROLLMENT AND ATTENDANCE WHICH SHALL BE INCLUDED IN
THE  ENROLLMENT  AND  ATTENDANCE  COUNTS  OF  THE  PARTICIPATING  SCHOOL
DISTRICTS  FOR  THE PURPOSES OF STATE AID. HIGH SCHOOL DIPLOMAS SHALL BE
ISSUED BY THE PARTICIPATING SCHOOL DISTRICTS AND THE BOARD OF  EDUCATION
OF  EACH  PARTICIPATING SCHOOL DISTRICT SHALL REMAIN RESPONSIBLE FOR THE
PERFORMANCE OF ITS STUDENTS IN THE REGIONAL HIGH SCHOOL UNDER THE  STATE
ACCOUNTABILITY  SYSTEM AS IF THE STUDENTS OF EACH PARTICIPATING DISTRICT
WHERE IN ATTENDANCE AT A  HIGH  SCHOOL  OPERATED  BY  THE  PARTICIPATING
DISTRICT.
  S  1922.  ADDITIONAL STATE AID. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE BOARDS OF EDUCATION WHICH  ARE  PARTIES  TO  AN
AGREEMENT TO OPERATE A REGIONAL HIGH SCHOOL AND WHICH DO IN FACT OPERATE
A REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE FOR ADDITIONAL STATE AID PURSU-
ANT  TO  SUBDIVISION  FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER IN THE SAME MANNER AND TO THE SAME EXTENT AS A  SCHOOL  DISTRICT
WHICH  QUALIFIES  FOR  SUCH  AID  PURSUANT TO PARAGRAPH J OF SUBDIVISION
FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

S5184A - Bill Details

See Assembly Version of this Bill:
A8002B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 39-A §1920, amd §3602, Ed L

S5184A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5184A

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

PURPOSE OR GENERAL IDEA OF BILL:
Would authorize two or more school
districts in certain supervisory districts 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, 1921 and 1922.

Section 1920 authorizes two or more school districts that are wholly
contained within the Cattaraugus-Allegany-Erie-Wyoming BOCES, the
Erie 2 Chautauqua-Cattaraugus BOCES or the Greater Southern Tier
BOCES to enter into a contract to allow a hosting district or BOCES
to operate a regional high school. The contract shall be for a
minimum of two years and with the approval of the Commissioner may be
renewed by mutual agreement of the respective boards of education.

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.

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 shall be considered
employees of the hosting school district. Teacher and employee
transfer and seniority rights shall be recognized in accordance with
current state education law.

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.

Section 1921: provides that if BOCES is chosen as the administrative
head, BOCES shall take over all educational programs of the regional
high school
and all responsibility for academic standards. It also provides that
employees of the regional high school shall be employees of BOCES.
Upon termination of the regional high school contract, the employees
shall become employees of the hosting school district of the regional
high school. The program and administrative expenses of the regional
high school shall be a charge upon the school districts participating
in the regional high school, and BOCES shall portion such expenses to


the participating schools in the manner prescribed in the contract
establishing the regional high school.

This section also provides that all schools and other facilities of
the participating school districts of the regional high school which
are used by BOCES in the operation of the regional high school, shall
be deemed leased to BOCES at no cost. Additionally, students
receiving instruction shall be deemed to be enrolled in their
participating school district, and not BOCES.
The participating school district shall remain responsible for the
performance of its regional high school students under the state
educational accountability system.

Section 1922 provides that the boards of education which are parties
to an agreement to operate a regional high school and do in fact
operate one shall be eligible for additional state aid pursuant to
section 3602 of state education law.

JUSTIFICATION:
This bill has been requested by several school districts and BOCES
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 either a hosting school district or BOCES 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5184--A

                       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

AN ACT to amend the education law, in relation to authorizing the estab-
  lishment  of  regional  high  school  districts 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.
        1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
        1922. ADDITIONAL STATE AID.
  S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.  A REGIONAL  HIGH  SCHOOL
MAY  BE  FORMED  BY  A  CONTRACT  ENTERED  INTO  BY  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.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS  ARTICLE, THE
PROVISIONS OF THIS CHAPTER AS TO THE COURSES OF  STUDY,  THE  QUALIFICA-
TIONS  AND  EMPLOYMENT OF TEACHERS AND OTHER STAFF, AND THE MAINTENANCE,
CONDUCT AND SUPERVISION OF PUBLIC SCHOOLS IN  CENTRAL  SCHOOL  DISTRICTS
SHALL  APPLY TO A REGIONAL HIGH SCHOOL. ANY CONTRACT FOR A REGIONAL HIGH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-05-1

S. 5184--A                          2

SCHOOL SHALL BE SUBJECT TO APPROVAL BY THE COMMISSIONER AND SHALL NOT BE
SUBJECT TO APPROVAL BY THE ELECTORS OF THE SCHOOL DISTRICTS ELECTING  TO
FORM  THE  REGIONAL  HIGH  SCHOOL,  AND THE REGIONAL HIGH SCHOOL AND THE
CONTRACT SHALL MEET THE FOLLOWING REQUIREMENTS:
  1.  THE  CONTRACT  SHALL  BE  FOR A PERIOD OF NOT LESS THAN TWO 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 WHETHER 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," OR BY  THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO A CONTRACT AUTHOR-
IZED BY SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS CHAPTER;
  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. SUCH REGIONAL HIGH SCHOOL SHALL OPERATE  ITS  OWN  EXTRA-CURRICULAR
ACTIVITIES  AND  INTER-SCHOLASTIC  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 ACTIVITIES AND ATHLETICS OF THEIR PARTICIPATING SCHOOL DISTRICT;
  6. 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 SHALL HAVE RESPONSIBILITY FOR THE
OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL HIGH  SCHOOL,  AS
SHALL BE DESIGNATED IN THE CONTRACT,
  B.  THE CONTRACT SHALL SPECIFY THAT THE STUDENTS OF EACH PARTICIPATING
SCHOOL DISTRICT SHALL REMAIN AS STUDENTS OF THEIR RESPECTIVE PARTICIPAT-
ING SCHOOL DISTRICTS, 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 EXTRA-CURRICULAR
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,
  D.    THE  CONTRACT  SHALL  PROVIDE  THAT ALL TEACHERS AND OTHER STAFF
MEMBERS OF THE PARTICIPATING SCHOOL DISTRICTS, EXCEPT THE SUPERINTENDENT
OF SCHOOLS, WHOSE SERVICES IN THE PARTICIPATING 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,
  E.    IN  ANY  CASE  IN  WHICH  A  PARTICIPATING SCHOOL DISTRICT SENDS
STUDENTS TO  A  REGIONAL  HIGH  SCHOOL  OPERATED  BY  A  HOSTING  SCHOOL
DISTRICT,  EACH  TEACHER  AND ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED IN
THE EDUCATION OF SUCH STUDENTS BY  SUCH  PARTICIPATING  SCHOOL  DISTRICT
PRIOR TO THE TIME THAT SUCH COMPONENT DISTRICT SENDS ITS STUDENTS TO THE
REGIONAL HIGH SCHOOL SHALL BE CONSIDERED EMPLOYEES OF THE HOSTING SCHOOL

S. 5184--A                          3

DISTRICT,  WITH  THE SAME TENURE STATUS HELD IN SUCH COMPONENT DISTRICT.
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  CHAP-
TER,
  F. IF THE NUMBER OF TEACHING AND OTHER POSITIONS NEEDED TO PROVIDE THE
EDUCATIONAL SERVICES REQUIRED BY A REGIONAL HIGH SCHOOL IS LESS THAN THE
NUMBER OF TEACHERS AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOY-
EES  OF  THE  HOSTING  SCHOOL  DISTRICT  OF SUCH REGIONAL HIGH SCHOOL AS
PROVIDED BY PARAGRAPH E OF THIS SUBDIVISION, THE SERVICES OF THE  TEACH-
ERS  AND OTHER EMPLOYEES HAVING THE LEAST SENIORITY IN THE PARTICIPATING
SCHOOL DISTRICTS WITHIN THE TENURE AREA OF THE POSITION SHALL BE DISCON-
TINUED. SUCH TEACHERS AND OTHER EMPLOYEES SHALL BE PLACED ON A PREFERRED
ELIGIBLE LIST OF CANDIDATES FOR APPOINTMENT TO A VACANCY THAT MAY THERE-
AFTER 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  PARTIC-
IPATING  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 TEACHERS 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
  G. FOR ANY SUCH TEACHER OR OTHER EMPLOYEE AS DESCRIBED IN PARAGRAPHS D
AND E 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;
  7.  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
  8.  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.
  S 1921.  OPERATION  BY  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES.
NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS
OF EDUCATION WHICH ARE PARTIES TO AN AGREEMENT  TO  OPERATE  A  REGIONAL
HIGH  SCHOOL,  WITH  THE APPROVAL OF THE COMMISSIONER, MAY CONTRACT WITH
THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  OF  THE  SUPERVISORY
DISTRICT  IN  WHICH THEY ARE LOCATED FOR THE MANAGEMENT AND OPERATION OF
THE REGIONAL HIGH SCHOOL. SUCH CONTRACT SHALL BE FOR  A  PERIOD  OF  NOT
LESS  THAN  TWO SCHOOL YEARS AND, WITH THE APPROVAL OF THE COMMISSIONER,
MAY BE RENEWED BY MUTUAL AGREEMENT OF THE BOARDS OF  EDUCATION  AND  THE
BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES.   EVERY SUCH CONTRACT SHALL
PROVIDE FOR THE COMMENCEMENT OF OPERATIONS OF THE REGIONAL  HIGH  SCHOOL
ON  THE  FIRST OF JULY, AND SHALL ONLY CEASE OPERATIONS ON THE THIRTIETH
OF JUNE OF ANY SCHOOL YEAR.
  1. UPON ENTRY INTO SUCH CONTRACT, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL TAKE OVER ALL OF THE EDUCATIONAL PROGRAMS OF THE REGIONAL

S. 5184--A                          4

HIGH SCHOOL AND ANY AND ALL RESPONSIBILITY FOR COMPLIANCE WITH  ACADEMIC
ACHIEVEMENT  STANDARDS, AND ANY EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR
OF THE PARTICIPATING SCHOOL DISTRICTS, AS THE CASE MAY BE, SHALL  BECOME
EMPLOYEES  OF  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES AND THE
PROVISIONS OF SECTION THREE THOUSAND FOURTEEN-A OF  THIS  CHAPTER  SHALL
APPLY.  SUCH  EMPLOYEES  SHALL  BE EMPLOYEES OF THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES AND SHALL NOT BE DEEMED EMPLOYEES OF  THE  REGIONAL
HIGH  SCHOOL OR THE PARTICIPATING SCHOOL DISTRICTS FOR ANY PURPOSE. UPON
TERMINATION OF THE CONTRACT, THE REGIONAL HIGH SCHOOL OR THE PARTICIPAT-
ING SCHOOL DISTRICTS, AS THE CASE MAY BE, SHALL  TAKE  OVER  THE  EDUCA-
TIONAL  PROGRAMS AND THE EMPLOYEES SHALL BECOME EMPLOYEES OF THE HOSTING
SCHOOL DISTRICT OF THE REGIONAL  HIGH  SCHOOL,  AND  THE  PROVISIONS  OF
SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER SHALL APPLY.
  2. NOTWITHSTANDING ANY PROVISIONS OF SECTION NINETEEN HUNDRED FIFTY OF
THIS TITLE OR ANY OTHER LAW TO THE CONTRARY, THE PROGRAM AND ADMINISTRA-
TIVE  EXPENSES  ATTRIBUTABLE TO THE PROGRAMS OF THE REGIONAL HIGH SCHOOL
SHALL BE A  CHARGE  UPON  THE  SCHOOL  DISTRICTS  PARTICIPATING  IN  THE
REGIONAL  HIGH SCHOOL, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL PORTION SUCH EXPENSES TO THE SCHOOL DISTRICTS PARTICIPATING IN THE
REGIONAL HIGH SCHOOL IN THE MANNER PRESCRIBED IN  THE  CONTRACT  BETWEEN
THE  PARTICIPATING  SCHOOL DISTRICTS AND THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT
CHARGE ANY PORTION OF THE PROGRAM OR  ADMINISTRATIVE  EXPENSES  INCURRED
PURSUANT  TO  THIS  SUBDIVISION TO ITS OTHER COMPONENT SCHOOL DISTRICTS.
SUCH ADMINISTRATIVE AND PROGRAM EXPENSES SHALL NOT BE ELIGIBLE  FOR  AID
PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
TITLE, BUT SHALL BE ELIGIBLE FOR  AID  PURSUANT  TO  SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS CHAPTER TO THE SAME EXTENT AS THE EXPENSES OF ANY
OTHER HIGH SCHOOL EDUCATION PROGRAM. NOTHING IN THIS  SUBDIVISION  SHALL
BE   CONSTRUED  TO  PREVENT  THE  PARTICIPATING  SCHOOL  DISTRICTS  FROM
CONTRACTING WITH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR AIDA-
BLE SHARED SERVICES IN THE SAME MANNER AND UNDER THE SAME CONDITIONS  AS
ANY OTHER COMPONENT SCHOOL DISTRICT, AND THE COST OF SUCH AIDABLE SHARED
SERVICES  SHALL  BE  ELIGIBLE  FOR  AID  PURSUANT TO SUBDIVISION FIVE OF
SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  3. DURING THE TERM OF A CONTRACT PURSUANT TO THIS SECTION, ALL SCHOOLS
AND OTHER FACILITIES  OF  THE  PARTICIPATING  SCHOOL  DISTRICTS  OF  THE
REGIONAL  HIGH  SCHOOL WHICH ARE USED BY THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES IN THE OPERATION OF THE REGIONAL HIGH  SCHOOL  SHALL  BE
DEEMED  LEASED  TO  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES AT NO
COST. SUCH SCHOOLS AND OTHER FACILITIES SHALL REMAIN THE PROPERTY OF THE
PARTICIPATING SCHOOL DISTRICTS AND ANY  CAPITAL  EXPENSES  AND  BUILDING
MAINTENANCE  COSTS  INCURRED  WITH RESPECT TO SUCH FACILITIES SHALL BE A
CHARGE UPON THE PARTICIPATING SCHOOL DISTRICTS IN  ACCORDANCE  WITH  THE
TERMS OF THE CONTRACT. SUCH CAPITAL EXPENSES AND MAINTENANCE COSTS SHALL
NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN
HUNDRED  FIFTY  OF  THIS TITLE BUT SHALL BE ELIGIBLE FOR AID PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER TO  THE  SAME  EXTENT  AS
SUCH EXPENSES OF ANY OTHER SCHOOL DISTRICT.
  4.  STUDENTS RECEIVING INSTRUCTION FROM THE REGIONAL HIGH SCHOOL SHALL
NOT BE DEEMED TO BE ENROLLED IN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES,  EXCEPT  TO THE EXTENT THAT THEY ARE PARTICIPATING IN A SHARED
SERVICE IN THEIR ENROLLMENT AND ATTENDANCE WHICH SHALL  BE  INCLUDED  IN
THE  ENROLLMENT  AND  ATTENDANCE  COUNTS  OF  THE  PARTICIPATING  SCHOOL
DISTRICTS FOR THE PURPOSES OF STATE AID. HIGH SCHOOL DIPLOMAS  SHALL  BE
ISSUED  BY THE PARTICIPATING SCHOOL DISTRICTS AND THE BOARD OF EDUCATION

S. 5184--A                          5

OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN RESPONSIBLE  FOR  THE
PERFORMANCE  OF ITS STUDENTS IN THE REGIONAL HIGH SCHOOL UNDER THE STATE
ACCOUNTABILITY SYSTEM AS IF THE STUDENTS OF EACH PARTICIPATING  DISTRICT
WHERE  IN  ATTENDANCE  AT  A  HIGH  SCHOOL OPERATED BY THE PARTICIPATING
DISTRICT.
  S 1922. ADDITIONAL STATE AID. NOTWITHSTANDING ANY OTHER  PROVISION  OF
LAW  TO  THE  CONTRARY,  THE BOARDS OF EDUCATION WHICH ARE PARTIES TO AN
AGREEMENT TO OPERATE A REGIONAL HIGH SCHOOL AND WHICH DO IN FACT OPERATE
A REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE FOR ADDITIONAL STATE AID PURSU-
ANT TO SUBDIVISION FOURTEEN OF SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS
CHAPTER  IN  THE SAME MANNER AND TO THE SAME EXTENT AS A SCHOOL DISTRICT
WHICH QUALIFIES FOR SUCH AID PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION
FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

S5184B - Bill Details

See Assembly Version of this Bill:
A8002B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 39-A §1920, amd §3602, Ed L

S5184B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5184B

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing the establishment
of regional high school districts 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, 1921, 1922 and 1923.

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 or BOCES 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. Then they must finalize and submit the contract to the
Commissioner of Education for approval. The school boards must then
vote to approve the contract giving final authorization to the school
districts to participate in the regional high school.

The contract shall be for a minimum of two years and with the approval
of the Commissioner may be renewed by mutual agreement of the
respective boards of education.

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.

The contract shall also include information on the regional high
school's fiscal plans, staffing plans, special education 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 shall be considered employees of
the hosting school district. Teacher and employee transfer and
seniority rights shall be recognized in accordance with current state
education law.


The contract shall state what the governance plan for sending district
school administration 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.

Section 1921: provides that if BOCES is chosen as the administrative
head, BOCES shall take over all educational programs of the regional
high school and all responsibility for academic standards. It also
provides that employees of the regional high school shall be
employees of BOCES. Upon termination of the regional high school
contract, the employees shall become employees of the hosting school
district of the regional high school. The program and administrative
expenses of the regional high school shall be a charge upon the
school districts participating in the regional high school, and BOCES
shall portion such expenses to the participating schools in the
manner prescribed in the contract establishing the regional high
school.

This section also provides that all schools and other facilities of
the participating school districts of the regional high school which
are used by BOCES in the operation of the regional high school, shall
be deemed leased to BOCES at no cost. Additionally, students
receiving instruction shall be deemed to be enrolled in their
participating school district, and not BOCES.
The participating school district shall remain responsible for the
performance of its regional high school students under the state
educational accountability system.

Section 1922 provides that the boards of education which are parties
to an agreement to operate a regional high school and do in fact
operate one shall be eligible for additional state aid pursuant to
section 3602 of state education law.

Section 1923 provides that there shall be an advisory committee formed
for the regional high school with members from each participating
district and the district superintendent that shall provide input and
give recommendations on its operations.

Section 2 would amend section 3602 of the education law to provide
that school districts participating in regional high schools may be
eligible to receive merger incentive aid.

JUSTIFICATION:

This bill has been requested by several school districts and BOCES
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 either a hosting district or BOCES 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.

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

                                 5184--B

                       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

AN ACT to amend the education law, in relation to authorizing the estab-
  lishment of regional high  school  districts  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.
        1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
        1922. ADDITIONAL STATE AID.
        1923. REGIONAL HIGH SCHOOL ADVISORY COMMITTEE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-14-1

S. 5184--B                          2

GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
SORY DISTRICT.  THEREAFTER, IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A
RESOLUTION, 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  COMMISSIONER.    IF  THE  COMMISSIONER
APPROVES THE PROPOSED CONTRACT, THE REGIONAL HIGH SCHOOL SHALL BE ESTAB-
LISHED  UPON THE APPROVAL OF SUCH CONTRACT, BY MAJORITY VOTE, OF EACH OF
THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A
REGIONAL HIGH SCHOOL. UPON THE APPROVAL OF TWO OR MORE BOARDS OF  EDUCA-
TION, THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO HAVE BEEN ESTABLISHED.
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  MAINTE-
NANCE,  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 TWO 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 WHETHER 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," OR BY  THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO A CONTRACT AUTHOR-
IZED BY SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS ARTICLE;
  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 SHALL HAVE RESPONSIBILITY FOR THE
OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL HIGH  SCHOOL,  AS
SHALL BE DESIGNATED IN THE CONTRACT,
  B.  THE CONTRACT SHALL SPECIFY THAT THE STUDENTS OF EACH PARTICIPATING
SCHOOL DISTRICT SHALL REMAIN AS STUDENTS OF THEIR RESPECTIVE PARTICIPAT-
ING SCHOOL DISTRICTS, 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 EXTRA-CURRICULAR
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,
  D.  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-

S. 5184--B                          3

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,
  E. 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  COMPONENT  DISTRICT  SENDS  ITS
STUDENTS  TO  THE  REGIONAL HIGH SCHOOL SHALL BE CONSIDERED EMPLOYEES OF
THE HOSTING SCHOOL DISTRICT, WITH THE SAME TENURE AND/OR  CIVIL  SERVICE
STATUS  HELD  IN  SUCH COMPONENT DISTRICT. 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,
  F. 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
AND  OTHER  EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF THE HOSTING
SCHOOL DISTRICT OF SUCH REGIONAL HIGH SCHOOL AS PROVIDED BY PARAGRAPH  E
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
  G. FOR ANY SUCH TEACHER, NON-INSTRUCTIONAL EMPLOYEE OR OTHER  EMPLOYEE
AS DESCRIBED IN PARAGRAPHS D AND E 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;
  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;

S. 5184--B                          4

  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 THE SPECIAL EDUCATION SERVICE PLANS AND
PLANS FOR STUDENTS WITH HANDICAPPING CONDITIONS;
  12. 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;
  13.  THE  CONTRACT  SHALL  SPECIFY THE PLAN AND PROCEDURES FOR SENDING
DISTRICTS WITH REGARD TO THE ADMINISTRATION OF EACH  SUCH  DISTRICT  AND
THE ADMINISTRATION OF THE REGIONAL SCHOOL DISTRICT;
  14.  THE  CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE REGIONAL
HIGH SCHOOL SHALL ESTABLISH  NEW  EMPLOYEE  ORGANIZATIONS,  PURSUANT  TO
ARTICLE  FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRESENTATION, OR
WHETHER THEY SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZATIONS  REPRES-
ENTING THE EMPLOYEES OF THE HOSTING DISTRICT OR THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, AS THE CASE MAY BE;
  15.  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
  16.  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.
  S 1921.  OPERATION  BY  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES.
NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS
OF EDUCATION WHICH ARE PARTIES TO AN AGREEMENT  TO  OPERATE  A  REGIONAL
HIGH  SCHOOL,  WITH  THE APPROVAL OF THE COMMISSIONER, MAY CONTRACT WITH
THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  OF  THE  SUPERVISORY
DISTRICT  IN  WHICH THEY ARE LOCATED FOR THE MANAGEMENT AND OPERATION OF
THE REGIONAL HIGH SCHOOL. SUCH CONTRACT SHALL BE FOR  A  PERIOD  OF  NOT
LESS  THAN  TWO SCHOOL YEARS AND, WITH THE APPROVAL OF THE COMMISSIONER,
MAY BE RENEWED BY MUTUAL AGREEMENT OF THE BOARDS OF  EDUCATION  AND  THE
BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES.   EVERY SUCH CONTRACT SHALL
PROVIDE FOR THE COMMENCEMENT OF OPERATIONS OF THE REGIONAL  HIGH  SCHOOL
ON  THE  FIRST OF JULY, AND SHALL ONLY CEASE OPERATIONS ON THE THIRTIETH
OF JUNE OF ANY SCHOOL YEAR.
  1. UPON ENTRY INTO SUCH CONTRACT, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL TAKE OVER ALL OF THE EDUCATIONAL PROGRAMS OF THE REGIONAL
HIGH SCHOOL AND ANY AND ALL RESPONSIBILITY FOR COMPLIANCE WITH  ACADEMIC
ACHIEVEMENT  STANDARDS, AND ANY EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR
OF THE PARTICIPATING SCHOOL DISTRICTS, AS THE CASE MAY BE, SHALL  BECOME
EMPLOYEES  OF  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES AND THE
PROVISIONS OF SECTION THREE THOUSAND  FOURTEEN-A  OF  THIS  CHAPTER  AND
ARTICLE  FIVE OF THE CIVIL SERVICE LAW SHALL APPLY. SUCH EMPLOYEES SHALL
BE EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND  SHALL
NOT BE DEEMED EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR THE PARTICIPATING
SCHOOL  DISTRICTS FOR ANY PURPOSE. UPON TERMINATION OF THE CONTRACT, THE
REGIONAL HIGH SCHOOL OR THE PARTICIPATING SCHOOL DISTRICTS, AS THE  CASE
MAY BE, SHALL TAKE OVER THE EDUCATIONAL PROGRAMS AND THE EMPLOYEES SHALL
BECOME  EMPLOYEES  OF  THE  HOSTING SCHOOL DISTRICT OF THE REGIONAL HIGH
SCHOOL, AND THE PROVISIONS OF SECTION THREE THOUSAND FOURTEEN-B OF  THIS
CHAPTER AND ARTICLE FIVE OF THE CIVIL SERVICE LAW SHALL APPLY.

S. 5184--B                          5

  2. NOTWITHSTANDING ANY PROVISIONS OF SECTION NINETEEN HUNDRED FIFTY OF
THIS TITLE OR ANY OTHER LAW TO THE CONTRARY, THE PROGRAM AND ADMINISTRA-
TIVE  EXPENSES  ATTRIBUTABLE TO THE PROGRAMS OF THE REGIONAL HIGH SCHOOL
SHALL BE A  CHARGE  UPON  THE  SCHOOL  DISTRICTS  PARTICIPATING  IN  THE
REGIONAL  HIGH SCHOOL, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL PORTION SUCH EXPENSES TO THE SCHOOL DISTRICTS PARTICIPATING IN THE
REGIONAL HIGH SCHOOL IN THE MANNER PRESCRIBED IN  THE  CONTRACT  BETWEEN
THE  PARTICIPATING  SCHOOL DISTRICTS AND THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT
CHARGE ANY PORTION OF THE PROGRAM OR  ADMINISTRATIVE  EXPENSES  INCURRED
PURSUANT  TO  THIS  SUBDIVISION TO ITS OTHER COMPONENT SCHOOL DISTRICTS.
SUCH ADMINISTRATIVE AND PROGRAM EXPENSES SHALL NOT BE ELIGIBLE  FOR  AID
PURSUANT  TO  SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
TITLE, BUT SHALL BE ELIGIBLE FOR  AID  PURSUANT  TO  SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS CHAPTER TO THE SAME EXTENT AS THE EXPENSES OF ANY
OTHER HIGH SCHOOL EDUCATION PROGRAM. NOTHING IN THIS  SUBDIVISION  SHALL
BE   CONSTRUED  TO  PREVENT  THE  PARTICIPATING  SCHOOL  DISTRICTS  FROM
CONTRACTING WITH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR AIDA-
BLE SHARED SERVICES IN THE SAME MANNER AND UNDER THE SAME CONDITIONS  AS
ANY OTHER COMPONENT SCHOOL DISTRICT, AND THE COST OF SUCH AIDABLE SHARED
SERVICES  SHALL  BE  ELIGIBLE  FOR  AID  PURSUANT TO SUBDIVISION FIVE OF
SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
  3. DURING THE TERM OF A CONTRACT PURSUANT TO THIS SECTION, ALL SCHOOLS
AND OTHER FACILITIES  OF  THE  PARTICIPATING  SCHOOL  DISTRICTS  OF  THE
REGIONAL  HIGH  SCHOOL WHICH ARE USED BY THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES IN THE OPERATION OF THE REGIONAL HIGH  SCHOOL  SHALL  BE
DEEMED  LEASED  TO  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES AT NO
COST. SUCH SCHOOLS AND OTHER FACILITIES SHALL REMAIN THE PROPERTY OF THE
PARTICIPATING SCHOOL DISTRICTS AND ANY  CAPITAL  EXPENSES  AND  BUILDING
MAINTENANCE  COSTS  INCURRED  WITH RESPECT TO SUCH FACILITIES SHALL BE A
CHARGE UPON THE PARTICIPATING SCHOOL DISTRICTS IN  ACCORDANCE  WITH  THE
TERMS OF THE CONTRACT. SUCH CAPITAL EXPENSES AND MAINTENANCE COSTS SHALL
NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN
HUNDRED  FIFTY  OF  THIS TITLE BUT SHALL BE ELIGIBLE FOR AID PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER TO  THE  SAME  EXTENT  AS
SUCH EXPENSES OF ANY OTHER SCHOOL DISTRICT.
  4.  STUDENTS RECEIVING INSTRUCTION FROM THE REGIONAL HIGH SCHOOL SHALL
NOT BE DEEMED TO BE ENROLLED IN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES,  EXCEPT  TO THE EXTENT THAT THEY ARE PARTICIPATING IN A SHARED
SERVICE IN THEIR ENROLLMENT AND ATTENDANCE WHICH SHALL  BE  INCLUDED  IN
THE  ENROLLMENT  AND  ATTENDANCE  COUNTS  OF  THE  PARTICIPATING  SCHOOL
DISTRICTS FOR THE PURPOSES OF STATE AID. HIGH SCHOOL DIPLOMAS  SHALL  BE
ISSUED  BY THE PARTICIPATING SCHOOL DISTRICTS AND THE BOARD OF EDUCATION
OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN RESPONSIBLE  FOR  THE
PERFORMANCE  OF ITS STUDENTS IN THE REGIONAL HIGH SCHOOL UNDER THE STATE
ACCOUNTABILITY SYSTEM AS IF THE STUDENTS OF EACH PARTICIPATING  DISTRICT
WHERE  IN  ATTENDANCE  AT  A  HIGH  SCHOOL OPERATED BY THE PARTICIPATING
DISTRICT.
  S 1922. ADDITIONAL STATE AID. NOTWITHSTANDING ANY OTHER  PROVISION  OF
LAW  TO  THE  CONTRARY,  THE BOARDS OF EDUCATION WHICH ARE PARTIES TO AN
AGREEMENT TO OPERATE A REGIONAL HIGH SCHOOL AND WHICH DO IN FACT OPERATE
A REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE FOR ADDITIONAL STATE AID PURSU-
ANT TO SUBDIVISION FOURTEEN OF SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS
CHAPTER  IN  THE SAME MANNER AND TO THE SAME EXTENT AS A SCHOOL DISTRICT
WHICH QUALIFIES FOR SUCH AID PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION
FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.

S. 5184--B                          6

  S 1923. REGIONAL HIGH SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL HIGH
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  PARTICIPATING  SCHOOL
DISTRICT,  THE SUPERINTENDENT OF EACH PARTICIPATING SCHOOL DISTRICT, AND
THE SUPERINTENDENT OF THE SUPERVISORY DISTRICT  IN  WHICH  THE  REGIONAL
HIGH  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
HIGH  SCHOOL  OPERATES. DURING EACH SUCH MEETING, THE ADVISORY COMMITTEE
SHALL REVIEW THE OPERATION OF THE REGIONAL HIGH SCHOOL AND  MAKE  RECOM-
MENDATIONS  TO  THE  HOSTING SCHOOL DISTRICT OR THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, AS THE CASE MAY BE, ON THE CONTINUED OPERATION  OF
SUCH HIGH SCHOOL.
  S  2.  Subparagraph 6 of paragraph d of subdivision 14 of section 3602
of the education law, as added by section 17-a of part B of the laws  of
2007, is amended to read as follows:
  (6)  where  such reorganization includes at least two school districts
employing eight or more teachers forming a central high school  district
pursuant to section nineteen hundred thirteen of this chapter OR FORMING
A  REGIONAL  HIGH  SCHOOL  PURSUANT  TO  ARTICLE  THIRTY-NINE-A  OF THIS
CHAPTER, such reorganized district shall be entitled to an apportionment
equal to an additional percent of the apportionment computed in  accord-
ance 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;
for a period of five years beginning with the first school year of oper-
ation  as  a reorganized district such additional percent shall be forty
percent; and thereafter such additional forty percent  apportionment  to
such  district  shall  be  reduced  by four percentage points each year,
beginning with the sixth school  year  of  operation  as  a  reorganized
district,  and continuing until such additional forty percent apportion-
ment is eliminated; provided, however, that the total  apportionment  to
such reorganized district, beginning with the first school year of oper-
ation as a reorganized district, and for a period of fifteen years ther-
eafter, shall be not less than the sum of all apportionments computed in
accordance  with the provisions of this paragraph plus the apportionment
computed in accordance with the provisions  of  paragraph  d-1  of  this
subdivision  that each component school district was entitled to receive
and did receive during the last school year preceding such first year of
operation. In the event a school  district  is  eligible  for  incentive
operating  aid  and again reorganizes pursuant to a new plan or reorgan-
ization established by the commissioner, and where such new  reorganiza-
tion  is  again  eligible for incentive operating aid, the newly created
school district shall be entitled to  receive  incentive  operating  aid
pursuant  to  the  provisions  of  this  paragraph,  based on all school
districts included in any such reorganization, provided,  however,  that
incentive operating aid payments due because of any such former reorgan-
ization shall cease.
  S 3. This act shall take effect immediately.

Co-Sponsors

S5184C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8002B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 39-A §1920, amd §3602, Ed L

S5184C (ACTIVE) - Bill Texts

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

view 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.

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                    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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