NY State Senate Bill 2011-S5255

Senate Bill S5255

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education
Jun 07, 2011	print number 5255c
Jun 07, 2011	amend and recommit to education
Jun 01, 2011	print number 5255b
Jun 01, 2011	amend and recommit to education
May 20, 2011	print number 5255a
May 20, 2011	amend and recommit to education
May 03, 2011	referred to education

Bill Amendments

Original

C (Active)

2011-S5255 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 39-A §§1920 - 1922, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S2586

2011-S5255 - Summary

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

2011-S5255 - Sponsor Memo

                                BILL NUMBER:S5255

TITLE OF BILL:

An act
to amend the education law, in relation to authorizing the establishment
of regional high school districts in certain counties

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 and 1922.

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 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.

2011-S5255 - Bill Text download pdf

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

                                  5255

                       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 counties

  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  SAME  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY
DISTRICT, AND IS WHOLLY CONTAINED WITHIN ANY COUNTY HAVING  BETWEEN  ONE
HUNDRED  THIRTY-FOUR THOUSAND NINE HUNDRED THREE AND ONE HUNDRED THIRTY-
FOUR THOUSAND NINE HUNDRED SEVEN, EIGHTY THOUSAND THREE HUNDRED  FIFTEEN
AND EIGHTY THOUSAND THREE HUNDRED NINETEEN, OR FORTY-EIGHT THOUSAND NINE
HUNDRED  FORTY-FOUR  AND  FORTY-EIGHT  THOUSAND NINE HUNDRED FORTY-EIGHT
INHABITANTS ACCORDING TO THE TWO THOUSAND TEN DECENNIAL FEDERAL  CENSUS.
EXCEPT  AS  OTHERWISE  PROVIDED  IN THIS ARTICLE, THE PROVISIONS OF THIS
CHAPTER AS TO THE COURSES OF STUDY, THE QUALIFICATIONS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-03-1

S. 5255                             2

APPROVAL BY THE COMMISSIONER, 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 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. 5255                             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.

2011-S5255A - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 39-A §§1920 - 1922, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S2586

2011-S5255A - Summary

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

2011-S5255A - Sponsor Memo

                                BILL NUMBER:S5255A

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

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 and 1922.

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 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 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.

2011-S5255A - Bill Text download pdf

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

                                 5255--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 counties

  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 SAME BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  SUPERVISORY
DISTRICT,  AND  IS WHOLLY CONTAINED WITHIN ANY COUNTY HAVING BETWEEN ONE
HUNDRED THIRTY-FOUR THOUSAND NINE HUNDRED THREE AND ONE HUNDRED  THIRTY-
FOUR  THOUSAND NINE HUNDRED SEVEN, EIGHTY THOUSAND THREE HUNDRED FIFTEEN
AND EIGHTY THOUSAND THREE HUNDRED NINETEEN, OR FORTY-EIGHT THOUSAND NINE
HUNDRED FORTY-FOUR AND FORTY-EIGHT  THOUSAND  NINE  HUNDRED  FORTY-EIGHT
INHABITANTS  ACCORDING TO THE TWO THOUSAND TEN DECENNIAL FEDERAL CENSUS.
EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE,  THE  PROVISIONS  OF  THIS
CHAPTER AS TO THE COURSES OF STUDY, THE QUALIFICATIONS AND EMPLOYMENT OF
TEACHERS  AND  OTHER STAFF, AND THE MAINTENANCE, CONDUCT AND SUPERVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-07-1

S. 5255--A                          2

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 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

S. 5255--A                          3

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 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.

S. 5255--A                          4

  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 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

S. 5255--A                          5

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.

2011-S5255B - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 39-A §§1920 - 1922, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S2586

2011-S5255B - Summary

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

2011-S5255B - Sponsor Memo

                                BILL NUMBER:S5255B

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

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 and 1922.

Section 1920: authorizes two or more school districts that are wholly
contained within the same BOCES district in 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 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 in
Chautauqua County 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 Chautauqua County 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.

2011-S5255B - Bill Text download pdf

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

                                 5255--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  --  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 counties

  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  SAME  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY
DISTRICT, AND IS WHOLLY  CONTAINED  WITHIN  ANY  COUNTY  HAVING  BETWEEN
FORTY-EIGHT  THOUSAND  NINE  HUNDRED FORTY-FOUR AND FORTY-EIGHT THOUSAND
NINE HUNDRED FORTY-EIGHT INHABITANTS ACCORDING TO THE TWO  THOUSAND  TEN
DECENNIAL FEDERAL CENSUS.  EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE,
THE  PROVISIONS  OF  THIS CHAPTER AS TO THE COURSES OF STUDY, THE QUALI-
FICATIONS AND EMPLOYMENT OF TEACHERS AND OTHER STAFF,  AND  THE  MAINTE-
NANCE,  CONDUCT  AND  SUPERVISION  OF  PUBLIC  SCHOOLS IN CENTRAL SCHOOL
DISTRICTS SHALL APPLY TO A REGIONAL HIGH  SCHOOL.  ANY  CONTRACT  FOR  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-11-1

S. 5255--B                          2

REGIONAL  HIGH  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. 5255--B                          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. 5255--B                          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. 5255--B                          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.

2011-S5255C (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 39-A §§1920 - 1922, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S2586

2011-S5255C (ACTIVE) - Summary

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

2011-S5255C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5255C

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

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 and 1922.

Section 1920: authorizes two or more school districts that are wholly
contained within the same BOCES district in 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 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 in
Chautauqua County 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 Chautauqua County 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.

2011-S5255C (ACTIVE) - Bill Text download pdf

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

                                 5255--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  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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 counties

  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 SAME BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  SUPERVISORY
DISTRICT,  AND  IS WHOLLY CONTAINED WITHIN ANY COUNTY HAVING BETWEEN ONE
HUNDRED THIRTY-FOUR THOUSAND NINE HUNDRED THREE AND ONE HUNDRED  THIRTY-
FOUR  THOUSAND NINE HUNDRED SEVEN INHABITANTS ACCORDING TO THE TWO THOU-
SAND TEN DECENNIAL FEDERAL CENSUS.  EXCEPT AS OTHERWISE PROVIDED IN THIS
ARTICLE, THE PROVISIONS OF THIS CHAPTER AS TO THE COURSES OF STUDY,  THE
QUALIFICATIONS AND EMPLOYMENT OF TEACHERS AND OTHER STAFF, AND THE MAIN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-13-1

S. 5255--C                          2

TENANCE,  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  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

S. 5255--C                          3

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 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.

S. 5255--C                          4

  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 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

S. 5255--C                          5

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.

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Senate Bill S5255

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2011-S5255 - Details

2011-S5255 - Summary

2011-S5255 - Sponsor Memo

2011-S5255 - Bill Text download pdf

2011-S5255A - Details

2011-S5255A - Summary

2011-S5255A - Sponsor Memo

2011-S5255A - Bill Text download pdf

2011-S5255B - Details

2011-S5255B - Summary

2011-S5255B - Sponsor Memo

2011-S5255B - Bill Text download pdf

2011-S5255C (ACTIVE) - Details

2011-S5255C (ACTIVE) - Summary

2011-S5255C (ACTIVE) - Sponsor Memo

2011-S5255C (ACTIVE) - Bill Text download pdf

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