senate Bill S7486

2011-2012 Legislative Session

Relates to regional secondary schools

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Archive: Last Bill Status - In Committee


  • 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 05, 2012 reported and committed to finance
May 25, 2012 referred to education

Votes

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Jun 5, 2012 - Education committee Vote

S7486
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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S7486 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 39-A §§1920 - 1923, amd §§1950 & 3602, Ed L

S7486 - Bill Texts

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Relates to regional secondary schools.

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BILL NUMBER:S7486

TITLE OF BILL:

An act
to amend the education law, in relation to the
establishment of regional secondary schools

PURPOSE OF THE BILL:

The proposed legislation authorizes the establishment of regional
secondary schools. In light of the fiscal constraints on school
districts, many school districts across the State are at risk of not
meeting their financial obligations and/or cutting critical programs
and personnel. The financial and program challenges faced by many
school districts are primarily at the secondary school level. This
bill would allow three or more school districts to enter into
contracts with each other or a BOCES, with the Commissioner's
approval, to establish a regional secondary for their students.
Combining the resources of multiple districts and providing incentive
aid for these schools will improve the quality of instruction and
educational opportunities for these students, while providing school
districts with flexibility and cost incentives for this new delivery
model. This model is expected to be attractive to school districts
that are experiencing difficulty in providing competitive secondary
school curricula but lack the public support for full district
reorganization. This model will provide students with greater access
to programs and services that prepare them for success in college and
careers and competition in our global economy.

SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 of the bill sets forth the legislative intent for the
establishment of regional secondary schools.

Section 2 of the bill adds Article 39-A (§§1920-1923), to the
Education Law to authorize the establishment of two models for a
regional secondary school.

Education Law § 1920, as added, establishes the first model for a
regional secondary school. It would allow three or more school
districts to contract with each other to form a regional secondary
school to serve all or some of the students in each of the
participating districts in grades nine through twelve, as well as
grades six, seven and/or eight, as agreed upon by the districts. The
formation of a regional secondary school would be subject to each
participating district ceasing the operation of at least one of its
high schools. Either one of the participating school districts or a
joint board of education would be authorized to operate, supervise
and maintain the regional secondary school.

With the exception of certain school districts, as further discussed
below, any city school district, central school district, union free
school district, or common school district wholly contained within
the supervisory district would be eligible to form a regional
secondary school. A component school district of a central high
school district would not be eligible to participate in a regional
secondary school unless, upon voter approval, a central high school
entered into an agreement with school districts, other than its
component districts, to establish a regional secondary school. A
special act school district established through special legislation to
provide services to certain students with disabilities, as defined in
Education Law §4001, and as are enumerated in Chapter 566 of the
Laws of 1967, would not be authorized to form a regional secondary
school, without exception.

To form a regional secondary school under Article 39-A, the boards of
education of each participating school district would first be
required to agree to the formation of the regional secondary school
and then, by a majority vote of the each board of education, adopt a
resolution proposing the establishment of such regional secondary
school. Each board would be required to hold a meeting to vote on the
resolution by October 1 of the school year preceding the school year
in which the regional secondary school would commence operation.

Following adoption of such resolution, the qualified voters of each
school district would be required to approve the resolution in a
referendum held in each district. Upon voter approval, the districts
would enter into a contract and present the contract for approval to
the Commissioner of Education. Subject to certain criteria prescribed
in this section, the Commissioner of Education would be required to
approve or disapprove the contract made by the districts. Among other
things, the contract must demonstrate how the regional secondary
school will provide increased educational opportunities, including
courses and programs in science, technology, engineering and math, to
prepare students for college and career readiness and improve student
performance and must specify the costs of the operation of the
regional secondary school for each participating district and provide
an itemized listing of the cost savings for each participating school
district. Diplomas would be issued by the governing board of the
regional secondary school, or if the contract so provides by the
student's school district of residence upon certification by the
governing board that all graduation requirements of the regional
secondary school have been met. Upon
approval of the contract, the regional secondary school would be
established for a period of at least five and not more than seven
school years and, with the approval of the Commissioner, may be
renewed by mutual agreement of the boards of education of the
participating districts.

Upon formation of such regional secondary school, students would be
considered the students of the regional secondary school, provided,
however, that students would be considered students of their

respective school district of residence for purposes of calculating
State aid, and provided, further, that each student's district of
residency would be responsible for providing or arranging for, the
transportation of such students to the regional secondary school.

Education Law § 1920, as added, would also provide for the rights of
teachers, teacher aides and teaching assistants, similar to what is
provided for such teachers when a BOCES takes over the program of a
school district under Education Law §30 14-a.

Education Law § 1921, as added, establishes the second model for a
regional secondary school. Specifically, it authorizes three or more
school districts and a BOCES to form a regional secondary school to
serve all or some of the students in each of the participating
districts in grades nine through twelve, as well as or grades six,
seven and/or eight, as agreed upon by the districts. Under this new
section, BOCES would operate the regional secondary school and would
assume all the responsibility to operate, supervise and maintain the
regional secondary school and the administration of such school. The
formation of such a regional secondary school would be conditioned
upon each participating district ceasing the operation of at least
one of its high schools.

With the exception of certain school districts, as further discussed
below, any city school district, central school district, union free
school district, or common school district wholly contained within
the supervisory district would be eligible to form a regional
secondary school. A component school district of a central high
school district would not be eligible to participate in a regional
secondary school unless, upon voter approval, a central high school
entered into an agreement with school districts, other than its
component districts, to establish a regional secondary school. A
special act school district established through special legislation
to provide services to certain students with disabilities, as defined
in Education Law §4001, and as are enumerated in Chapter 566 of the
Laws of 1967, would not be authorized to form a regional secondary
school, without exception.

To form a regional secondary school under this model, the boards of
education of each participating school districts and the BOCES would
first be required to agree to the formation of the regional secondary
school and then, by a majority vote, adopt a resolution proposing the
establishment of such regional secondary school. Each board would be
required to hold a meeting to vote on the resolution by October 1 of
the school year preceding the school year in which the regional
secondary school would commence operation.

Following adoption of such resolution, the qualified voters of each
school district would be required to approve the resolution in a
referendum held in each district. Upon voter approval, the
participating districts and BOCES would enter into a contract and
present the contract for approval to the Commissioner of Education.

Subject to certain criteria prescribed in this section, the
Commissioner of Education would be required to approve or disapprove
the contract made by the districts. Among other things, the contract
must demonstrate how the regional secondary school will provide
increased educational opportunities, including courses and programs
in science, technology, engineering and math, to prepare students for
college and career readiness and improve student performance and must
specify the costs of the operation of the regional secondary school
for each participating district and provide an itemized listing of
the cost savings for each participating school district. Upon
approval of the contract, the regional secondary school would be
established for a period of at least five and not more than seven
school years and, with the approval of the Commissioner, may be
renewed by mutual agreement of the boards of education of the
participating districts.

Upon formation of such regional secondary school, students would be
considered the students of the regional secondary school, provided,
however, that students would be considered students of their
respective school district of residence for purposes of calculating
State aid, and provided, further, that each student's district of
residency would be responsible for providing or arranging for, the
transportation of such students to the regional secondary school.

The BOCES would serve as the governing body for the regional secondary
school and be responsible for the administration of such school,
including grading. The BOCES would also act as a school district for
accountability purposes.

BOCES would be authorized to establish curriculum and issue high
school diplomas to the students in the regional secondary schools,
though if the contract so provides, diplomas may be issued by the
student's school district of residence upon certification by the
BOCES that all
graduation requirements of the regional secondary school have been
met. Education Law § 1921, as added, would also provide for the
rights of teachers, teacher aides and assistants, as mirrored in
accordance with existing Education Law §3014-a, which provides for
the rights of teachers as a result of BOCES taking over a program
formerly operated by a district.

Article 39-A would also add Education Law § 1922 to describe the State
aid calculations for regional secondary schools. This section
provides that students attending a regional secondary school are
deemed enrolled in their school district of residence and shall be
included in the membership, enrollment and attendance counts of their
school districts of residence for purposes of computing state aid to
such school districts. State aid shall be computed for these students
in the same manner as aid attributable to other resident students.
This section also provides that the school district that owns the
facility used to house the regional secondary school shall be the
only school district eligible for building aid involving the regional

secondary school. Such aid shall be computed using the building aid
ratio applicable to the projects of the school district that owns the
regional secondary school.

In the case of a regional secondary school operated by a BOCES that is
housed in a facility owned by a participating school district, the
capital expenses for building projects involving the regional
secondary school shall be a charge upon the participating school
districts only and are not eligible for aid. However, aidable shared
services provided by the BOCES to supplement the programs of the
regional secondary school would be eligible for aid. This section
also provides that participating school districts shall be eligible
for additional state aid in accordance with 3602(k).

Education Law § 1923, as added, provides for the creation of a
regional secondary school advisory committee to review the operation
of the regional secondary school and make recommendations to the
hosting, or operating, district or the supervisory BOCES, as
applicable, on the continued operation of such secondary school.

Section 3 of this bill would add a new paragraph oo to Education Law
§1950(4) to authorize BOCES to enter into the agreement to form a
regional secondary school, as authorized in Education Law §1921, as
added by section 9 of this bill.

Section 4 of this bill would add three new subparagraphs 10, 11, and
12 to Education Law § 1950(4)(h) to authorize BOCES to develop
core curriculum, issue regents and other high school diplomas and to
enter into contracts as otherwise necessary or convenient to operate
a regional secondary school.

Section 5 of this bill would add a new subparagraph 8 to Education Law
§1950(4)(b) to authorize BOCES to prepare and propose a tentative
budget for the operation of a regional secondary school that it is
operating.

Section 6 of this bill would add a new paragraph k to Education Law
§3602(14) to authorize the provision of transition incentive aid to
districts that establish a regional secondary school. This additional
apportionment of aid would be structured to provide incentive to
districts to reorganize into these more cost-effective regional
secondary schools and to ease the burdens
associated with initially forming these districts.

Under Education Law 3602(14)(k), as proposed to be added, for aid
payable in the 2013-2014 school year or thereafter, each participating
school district that meets certain criteria would be entitled to
receive additional aid each year, for the first five years of
operation, as follows:
each district would be entitled to receive 10 percent of the 2006-07
selected operating aid per pupil (the reorganization incentive
operating aid base) for transition expenses, under §3602(14) (d-1),

multiplied by the quotient of the district's total secondary students
who are attending the regional secondary school (the number of the
district's students attending the regional secondary school in the
base year) divided by the resident public school district enrollment
of such school district within the grades of the new regional
secondary school(s).

Additionally, each participating school district that meets certain
academic achievement goals would be eligible to receive an additional
5 percent of the apportionment computed under §3602 (14)(d-1)
multiplied by the quotient of the number of pupils attending the
regional secondary school from the district in the base year divided
by the resident public school district enrollment of such school
district within the grades of the new regional secondary school. The
receipt of this aid would be conditioned upon the school ceasing to
operate at least one high school and upon meeting academic
achievement goals established by the Commissioner in regulations.
Incentive aid would be capped at no more than 95 percent of the aid
payable in the year prior to the base year approved operating
expenses and any school district receiving incentive aid under this
paragraph would not be eligible for an apportionment under §3602
(14)(c),(e), (f) or (j).

Section 7 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

The bill authorizes the establishment of regional secondary schools.
Given the current fiscal climate in this state, many school
districts, particularly small, rural districts, are threatened by a
decline in educational opportunities and programs for their students.
School districts are seeking new models of providing higher quality
educational opportunities to students through more cost-effective and
efficient services. In recognizing that many high schools in the
State are experiencing financial limitations which may impair
schools' ability to offer students the same range or quality of
courses, districts should be afforded the opportunity to work
together to establish a regional secondary school, to allow for
improved educational opportunities and more cost-effective service
delivery. The proposed regional secondary school model will allow
districts to provide more efficient services, leverage resources, and
ultimately increase their purchasing power through shared services.
Resulting cost savings will allow more resources to be dedicated to
educational programming and services for these students, such as
advanced course work, opportunities in science, technology,
engineering and mathematics programs and enhanced course electives
that are critical to success in a global economy. By allowing for
more cost-efficient operations, and being able to dedicate greater
resources for teaching and learning opportunities, school districts
for which regional secondary schools is an appropriate service
delivery model will be able to better ensure that their students
graduate high school ready for college and careers.

BUDGETARY IMPLICATIONS OF THE BILL:

This bill would result in overall cost savings to school districts and
other educational entities by streamlining the provision of services
to students in these regional secondary schools by and through shared
resources and services. The amount of such savings is not known,
though it is expected to be substantial if this bill is enacted in
entirety.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This act would take effect July 1, 2012, provided, however, that if it
becomes a law after such date, it would be deemed to have taken
effect on and after July 1, 2012.

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

                                  7486

                            I N  S E N A T E

                              May 25, 2012
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- 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 the establishment of
  regional secondary schools

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that given the current  fiscal  climate  in  this  state,  many
school districts, particularly small, rural districts, are threatened by
a  decline in educational opportunities and programs for their students.
School districts are  seeking  new  models  of  delivering  services  to
students that are more cost-effective and efficient, in order to sustain
or  enhance  the quality of services and to maintain or expand the scope
of services offered to students. The legislature  recognizes  that  many
high  schools  in  the state are experiencing financial limitations that
may impair their ability to offer students the same range or quality  of
courses  that  other  high  schools may provide. In order to ensure that
these districts continue to offer their students advanced  course  work,
districts  should  be  afforded  the opportunity to establish a regional
secondary school. Under this new model of delivering services, districts
will be able to streamline programs and  services,  increase  resources,
and  increase  their  purchasing  power  through  shared services. These
resultant cost  savings  will  allow  money  to  flow  into  educational
programs  and services for students which will, in turn, help to improve
student performance and meet college and career readiness.
  S 2. The education law is amended by adding a new article 39-A to read
as follows:
                              ARTICLE 39-A
                       REGIONAL SECONDARY SCHOOLS
SECTION 1920. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A
                BOARD OF EDUCATION.
        1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A
                BOARD OF COOPERATIVE EDUCATIONAL SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15745-01-2

S. 7486                             2

        1922. STATE AID FOR REGIONAL SECONDARY SCHOOLS.
        1923. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE.
  S  1920.  ESTABLISHMENT  OF  A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF EDUCATION.  1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO
THE  CONTRARY, FOR PURPOSES OF THIS ARTICLE, A REGIONAL SECONDARY SCHOOL
SHALL MEAN A HIGH SCHOOL WITH GRADES SIX, SEVEN AND/OR EIGHT  AS  AGREED
UPON  BY  EACH  OF THE PARTICIPATING DISTRICTS CONSISTENT WITH THE GRADE
CONFIGURATION OF THE NEW SECONDARY SCHOOL(S).
  2. A REGIONAL SECONDARY SCHOOL MAY BE  ESTABLISHED  PURSUANT  TO  THIS
SECTION  BY  AGREEMENT  OF THE BOARDS OF EDUCATION OF THREE OR MORE CITY
SCHOOL DISTRICTS, CENTRAL SCHOOL DISTRICTS, UNION FREE SCHOOL  DISTRICTS
AND/OR  COMMON  SCHOOL  DISTRICTS  THAT  ARE WHOLLY CONTAINED WITHIN THE
SUPERVISORY DISTRICT OF A BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,
SUBJECT  TO  THE  APPROVAL OF THE VOTERS OF EACH PARTICIPATING DISTRICT.
PROVIDED, HOWEVER, THAT A COMPONENT SCHOOL DISTRICT OF  A  CENTRAL  HIGH
SCHOOL DISTRICT AND A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN SECTION
FOUR  THOUSAND  ONE  OF THIS CHAPTER, SHALL NOT BE AUTHORIZED TO PARTIC-
IPATE IN A REGIONAL SECONDARY SCHOOL. A CENTRAL  HIGH  SCHOOL  DISTRICT,
SUBJECT TO APPROVAL OF ITS VOTERS, ALSO MAY ENTER INTO AN AGREEMENT WITH
SCHOOL  DISTRICTS  OTHER  THAN  ITS  COMPONENT SCHOOL DISTRICTS THAT ARE
WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A BOARD  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  TO  ESTABLISH A REGIONAL SECONDARY SCHOOL.
SUCH REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF  THE  STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES NINE THROUGH TWELVE AND
MAY ALSO SERVE STUDENTS IN GRADES SIX, SEVEN AND/OR EIGHT AS AGREED UPON
BY EACH OF THE PARTICIPATING DISTRICTS CONSISTENT WITH THE GRADE CONFIG-
URATION OF THE NEW SECONDARY SCHOOL(S), PROVIDED THAT EACH PARTICIPATING
DISTRICT SHALL CEASE DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL. THE
REGIONAL  SECONDARY  SCHOOL  MAY BE OPERATED BY ONE OF THE PARTICIPATING
SCHOOL  DISTRICTS  UPON  THE  AGREEMENT  OF  THE   OTHER   PARTICIPATING
DISTRICTS, AND SUCH DISTRICT SHALL ASSUME THE RESPONSIBILITY TO OPERATE,
SUPERVISE  AND  MAINTAIN  THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS-
TRATION OF SUCH SECONDARY SCHOOL. FOR  PURPOSES  OF  THIS  ARTICLE,  THE
SCHOOL  DISTRICT  DESIGNATED AS THE OPERATING DISTRICT SHALL BE REFERRED
TO AS THE HOSTING DISTRICT. ALTERNATIVELY, THE REGIONAL SECONDARY SCHOOL
MAY BE OPERATED BY A JOINT BOARD OF EDUCATION  ESTABLISHED  PURSUANT  TO
THIS  SECTION. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE
SUBJECT TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND  TIMEFRAME,
AS SET FORTH WITHIN THIS SECTION.
  3. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, THREE OR MORE PARTICIPAT-
ING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE BOARD
OF  EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOSING THE
ESTABLISHMENT OF SUCH REGIONAL SECONDARY SCHOOL.  THE  RESOLUTION  SHALL
INDICATE  THE  PROPOSED  PARTICIPATING  SCHOOL DISTRICTS AND WHETHER THE
SCHOOL WOULD BE GOVERNED BY A PROPOSED HOSTING DISTRICT OR A JOINT BOARD
OF EDUCATION AND  THE  PROPOSED  TERM  OF  THE  CONTRACT  GOVERNING  THE
REGIONAL  SECONDARY  SCHOOL.  THE  RESOLUTION  SHALL BE VOTED ON BY EACH
BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF THE  SCHOOL  YEAR
PRIOR  TO  THE  SCHOOL  YEAR  IN  WHICH THE REGIONAL SECONDARY SCHOOL IS
PROPOSED TO COMMENCE OPERATION. IF THREE OR MORE SCHOOL DISTRICTS  ADOPT
SUCH A RESOLUTION, THE RESOLUTION SHALL BE PRESENTED IN A REFERENDUM FOR
VOTER  APPROVAL  IN  EACH  OF THE PROPOSED PARTICIPATING DISTRICTS. UPON
APPROVAL BY THE VOTERS IN EACH OF THE PROPOSED PARTICIPATING  DISTRICTS,
THE  PARTICIPATING  SCHOOL  DISTRICTS  SHALL  COLLECTIVELY  ENTER INTO A
CONTRACT FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY  SCHOOL.  IN  THE
EVENT  THE VOTERS OF ONE OR MORE PROPOSED PARTICIPATING DISTRICTS DO NOT

S. 7486                             3

APPROVE SUCH RESOLUTION, THE RESOLUTION MAY BE PRESENTED FOR ONE RE-VOTE
IN THE PROPOSED PARTICIPATING DISTRICTS WHOSE VOTERS DID NOT APPROVE THE
RESOLUTION; OR, IF THE BOARDS OF EDUCATION OF ONE OR MORE SUCH DISTRICTS
VOTE  TO RESCIND THEIR RESOLUTION TO PARTICIPATE IN THE REGIONAL SECOND-
ARY SCHOOL, ONE ADDITIONAL VOTE MAY BE HELD IN  EACH  OF  THE  REMAINING
PROPOSED PARTICIPATING DISTRICTS. IN NO EVENT MAY MORE THAN TWO VOTES BE
HELD IN ANY PROPOSED PARTICIPATING DISTRICT IN ANY SCHOOL YEAR.
  4.  WITH  THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION
AND APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS  OTHERWISE
ELIGIBLE  TO  ESTABLISH  THE  REGIONAL  SECONDARY  SCHOOL  MAY  JOIN THE
REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR  OF  OPERA-
TION  BY  ADOPTING  A  BOARD  RESOLUTION  AND  OBTAINING  VOTER APPROVAL
SUBSTANTIALLY IN THE  MANNER  PRESCRIBED  IN  SUBDIVISION  TWO  OF  THIS
SECTION.
  5.  (A)  UPON  RECEIPT  OF  VOTER APPROVAL IN ALL PARTICIPATING SCHOOL
DISTRICTS, SUCH DISTRICTS SHALL SUBMIT THE PROPOSED  CONTRACT,  TOGETHER
WITH  THE  PLAN  OF  FORMATION  AND  OPERATION OF THE REGIONAL SECONDARY
SCHOOL, TO THE COMMISSIONER FOR HIS OR  HER  APPROVAL,  IN  A  TIME  AND
MANNER  PRESCRIBED BY THE COMMISSIONER. SUCH CONTRACT SHALL BE AN INTER-
MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE FIVE-G  OF  THE  GENERAL
MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
  (B) THE REGIONAL SECONDARY SCHOOL AND THE PROPOSED CONTRACT SHALL MEET
THE FOLLOWING REQUIREMENTS:
  (I)  THE CONTRACT SHALL SPECIFY ITS TERM, WHICH SHALL NOT BE LESS THAN
FIVE NOR MORE THAN SEVEN SCHOOL YEARS, AND SHALL  EITHER  DESIGNATE  THE
BOARD  OF  EDUCATION OF THE HOSTING DISTRICT AS THE GOVERNING BOARD THAT
WILL OPERATE THE REGIONAL SECONDARY SCHOOL ON BEHALF OF ALL  PARTICIPAT-
ING  DISTRICTS,  OR  THE  JOINT  BOARD  OF  EDUCATION THAT WILL SERVE AS
GOVERNING BOARD FOR THE REGIONAL SECONDARY SCHOOL. THE  GOVERNING  BOARD
SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE
OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMIN-
ISTRATION OF THE SCHOOL, INCLUDING THE CURRICULUM, GRADING, STAFFING AND
THE  ISSUANCE  OF  DIPLOMAS  FOR  ALL  STUDENTS THAT ATTEND THE REGIONAL
SECONDARY SCHOOL, AS SHALL BE DESIGNATED IN  THE  CONTRACT.    PROVIDED,
HOWEVER,  THAT  THE  CONTRACT MAY PROVIDE FOR ISSUANCE OF THE DIPLOMA BY
THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE  UPON  CERTIFICATION  BY  THE
GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE REGIONAL SECOND-
ARY  SCHOOL HAVE BEEN MET. THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED
A SCHOOL OF THE GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES;
  (II) THE CONTRACT SHALL PROVIDE THE NAME OF THE SCHOOL, WHICH SHALL BE
SUBJECT TO  THE  COMMISSIONER'S  APPROVAL,  THE  GRADES  OF  INSTRUCTION
INTENDED  TO  BE  SERVED BY THE REGIONAL SECONDARY SCHOOL, AND DESIGNATE
THE SITE OF THE REGIONAL SECONDARY SCHOOL, WHICH  SHALL  BE  WITHIN  THE
BOUNDARIES OF ONE OF THE PARTICIPATING DISTRICTS AND WHERE POSSIBLE, AND
SHOULD USE EXISTING BUILDINGS AND/OR INFRASTRUCTURE;
  (III)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT SHALL  BE
RESPONSIBLE  FOR  PROVIDING OR ARRANGING FOR TRANSPORTATION TO ITS RESI-
DENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORDANCE WITH
ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO  ANY  MAXIMUM  MILEAGE
LIMITATION.  SUCH  TRANSPORTATION MAY BE PROVIDED BY CONTRACT, INCLUDING
BUT NOT LIMITED TO A CONTRACT WITH ONE OR MORE  PARTICIPATING  DISTRICTS
OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
  (IV)  THE CONTRACT SHALL SPECIFY THAT THE STUDENTS OF EACH PARTICIPAT-
ING SCHOOL DISTRICT SHALL REMAIN ENROLLED AS STUDENTS OF  THEIR  RESPEC-
TIVE  PARTICIPATING  SCHOOL  DISTRICTS,  AND  THEY  SHALL BE TREATED AND

S. 7486                             4

COUNTED AS SUCH FOR PURPOSES OF ALL STATE AID CALCULATIONS  PURSUANT  TO
THIS CHAPTER;
  (V)  THE CONTRACT SHALL EITHER DESIGNATE THE BOARD OF EDUCATION OF THE
HOSTING DISTRICT TO SERVE AS THE GOVERNING BOARD OF THE REGIONAL SECOND-
ARY SCHOOL OR SHALL PROVIDE FOR THE ESTABLISHMENT OF A NEW  JOINT  BOARD
OF  EDUCATION  FOR  THE  REGIONAL  SECONDARY  SCHOOL  WITH AT LEAST FIVE
MEMBERS, WITH REPRESENTATIVES APPOINTED BY EACH PARTICIPATING  DISTRICT.
THE CONTRACT SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINT-
MENT  OF  JOINT  BOARD  MEMBERS. IF THE DISTRICTS CHOOSE TO CREATE A NEW
JOINT BOARD OF EDUCATION, THE BOARD  SHALL  HAVE  THE  SAME  POWERS  AND
DUTIES  WITH  RESPECT  TO  THE  REGIONAL  SECONDARY SCHOOL AS A BOARD OF
EDUCATION OF A UNION FREE  SCHOOL  DISTRICT  HAS  WITH  RESPECT  TO  ITS
SCHOOLS  UNDER  THIS  CHAPTER,  EXCEPT  AS  MODIFIED BY THE TERMS OF THE
CONTRACT;
  (VI) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS  AND
THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY SCHOOL;
  (VII)  THE CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY SCHOOL
WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES, INCLUDING COURSES  AND
PROGRAMS  AND  IN  SCIENCE, TECHNOLOGY, ENGINEERING AND MATH, TO PREPARE
STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE  STUDENT  PERFORM-
ANCE;
  (VIII)  ALL  TEACHERS,  TEACHING  ASSISTANTS  AND TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS,  WHOSE  SERVICES  IN  THE  PARTICIPATING
SCHOOL  DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL OR THE TRANSFER OF  STUDENTS  TO  AN  EXISTING
REGIONAL  SECONDARY  SCHOOL,  AS  A RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL SHALL IMMEDIATELY  BECOME
EMPLOYEES  OF  THE GOVERNING BOARD DESIGNATED IN THE CONTRACT, AND SHALL
RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY GAINED IN
THE PARTICIPATING DISTRICT. IF THE NUMBER OF TEACHING, TEACHING  ASSIST-
ANT OR TEACHER AIDE POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES
REQUIRED  BY  A  REGIONAL  SECONDARY  SCHOOL  IS LESS THAN THE NUMBER OF
TEACHERS, TEACHING ASSISTANTS, AND TEACHER AIDES ELIGIBLE TO BE  CONSID-
ERED  EMPLOYEES  OF  THE  DESIGNATED  GOVERNING  BOARD  OF SUCH REGIONAL
SECONDARY SCHOOL PURSUANT TO THIS PARAGRAPH, THE SERVICES OF THE  TEACH-
ERS, TEACHING ASSISTANTS AND TEACHER AIDES HAVING THE LEAST SENIORITY IN
THE  PARTICIPATING  SCHOOL  DISTRICT  WITHIN  THE  TENURE  AREA OR CIVIL
SERVICE STATUS, AS THE CASE MAY BE, OF THE POSITION SHALL BE  DISCONTIN-
UED. ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR TEACHER
AIDES  SHALL  BE  PLACED  ON A PREFERRED ELIGIBLE LIST OF CANDIDATES FOR
APPOINTMENT TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN OFFICE OR POSI-
TION UNDER THE JURISDICTION OF  THE  PARTICIPATING  SCHOOL  DISTRICT  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWENTY-FIVE HUNDRED TEN OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER. FOR ANY SUCH TEACHER,  TEACHING
ASSISTANT  OR  TEACHER  AIDE WHO IS RETAINED BY THE GOVERNING BOARD, FOR
SALARY, SICK LEAVE AND ANY OTHER PURPOSES, THE LENGTH OF SERVICE CREDIT-
ED IN SUCH PARTICIPATING SCHOOL DISTRICT PRIOR TO ITS  PARTICIPATION  IN
THE  REGIONAL SECONDARY SCHOOL SHALL BE CREDITED AS EMPLOYMENT TIME WITH
THE DESIGNATED GOVERNING BOARD;
  (IX) UPON TERMINATION OF THE CONTRACT PURSUANT TO THIS SECTION AND THE
RETURN OF STUDENTS FROM THE REGIONAL  SECONDARY  SCHOOL  TO  THE  FORMER
PARTICIPATING  SCHOOL  DISTRICT,  THE TEACHERS, TEACHING ASSISTANTS, AND
TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN  THE  REGIONAL
SECONDARY  SCHOOL  SHALL  HAVE THE SAME EMPLOYMENT RIGHTS IN THE PARTIC-
IPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A BOARD

S. 7486                             5

OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM  BY  SUCH  SCHOOL  DISTRICTS
PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER;
  (X)  THE  CONTRACT  SHALL  SPECIFY  THE PROCESS FOR DEVELOPMENT OF THE
BUDGET FOR THE REGIONAL SECONDARY SCHOOL  BY  THE  DESIGNATED  GOVERNING
BOARD  AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF
CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL  WILL  BE
ALLOCATED AMONG THE PARTICIPATING DISTRICTS;
  (XI)  THE  CONTRACT  SHALL SPECIFY THE COSTS OF THE REGIONAL SECONDARY
SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION PLANS AND  FOR
THE DELIVERY OF SPECIAL EDUCATION PROGRAMS;
  (XII)  THE  CONTRACT  SHALL  SPECIFY  THE PROCEDURES FOR DISCIPLINE OF
STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE APPLICA-
BLE CODE OF CONDUCT  PROVIDED  THAT  SUCH  CODE  OF  CONDUCT  MEETS  THE
REQUIREMENTS  OF  SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER
AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAP-
TER;
  (XIII)  THE  CONTRACT  SHALL SPECIFY THE COSTS OF THE OPERATION OF THE
REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND  AN
ITEMIZED  LISTING  OF  THE  COST  SAVINGS  FOR EACH PARTICIPATING SCHOOL
DISTRICT;
  (XIV) THE CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR  ACTIVITIES  AND
INTERSCHOLASTIC  ATHLETICS  WILL BE PROVIDED TO STUDENTS OF THE REGIONAL
SECONDARY SCHOOL;
  (XV) THE  CONTRACT  SHALL  SPECIFY  THE  FISCAL  IMPLICATIONS  OF  THE
REGIONAL  SECONDARY  SCHOOL  INCLUDING  EXPECTED  STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES;
  (XVI) THE CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE REGIONAL
SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS, PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRESENTATION, OR,
WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS  OF  THE  APPLICABLE
EMPLOYEE   ORGANIZATIONS  REPRESENTING  THE  EMPLOYEES  OF  THE  HOSTING
DISTRICT; AND
  (XVII) THE CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR  ANALYSIS
AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
  6.  IF  THE  COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT SHALL BE FOR A PERI-
OD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS AND,  WITH  THE
APPROVAL  OF THE COMMISSIONER, MAY BE RENEWED BY MUTUAL AGREEMENT OF THE
BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS. THE REGIONAL SECOND-
ARY SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF JULY, AND SHALL NOT
CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
  S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY  SCHOOL  OPERATED  BY  A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.  1. NOTWITHSTANDING ANY OTHER
PROVISION  OF  LAW  TO  THE  CONTRARY,  FOR  PURPOSES OF THIS ARTICLE, A
REGIONAL SECONDARY SCHOOL SHALL MEAN A  HIGH  SCHOOL  WITH  GRADES  SIX,
SEVEN AND/OR EIGHT AS AGREED UPON BY EACH OF THE PARTICIPATING DISTRICTS
CONSISTENT WITH THE GRADE CONFIGURATION OF THE NEW SECONDARY SCHOOL(S).
  2.  A  REGIONAL  SECONDARY  SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS
SECTION BY AGREEMENT OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES  AND
THE  BOARDS OF EDUCATION OF THREE OR MORE CITY SCHOOL DISTRICTS, CENTRAL
SCHOOL DISTRICTS, UNION  FREE  SCHOOL  DISTRICTS  AND/OR  COMMON  SCHOOL
DISTRICTS  THAT  ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SUBJECT TO  THE  APPROVAL
OF  THE VOTERS OF EACH PARTICIPATING DISTRICT. PROVIDED, HOWEVER, THAT A
COMPONENT SCHOOL DISTRICT OF  A  CENTRAL  HIGH  SCHOOL  DISTRICT  AND  A

S. 7486                             6

SPECIAL  ACT SCHOOL DISTRICT, AS DEFINED IN SECTION FOUR THOUSAND ONE OF
THIS CHAPTER, SHALL NOT BE  AUTHORIZED  TO  PARTICIPATE  IN  A  REGIONAL
SECONDARY SCHOOL. A CENTRAL HIGH SCHOOL DISTRICT, SUBJECT TO APPROVAL OF
ITS  VOTERS,  ALSO MAY ENTER INTO AN AGREEMENT WITH THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES AND SCHOOL DISTRICTS OTHER THAN ITS COMPONENT
SCHOOL DISTRICTS  THAT  ARE  WHOLLY  CONTAINED  WITHIN  THE  SUPERVISORY
DISTRICT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO ESTABLISH A
REGIONAL  SECONDARY  SCHOOL.  SUCH REGIONAL SECONDARY SCHOOL SHALL SERVE
ALL OR SOME OF THE STUDENTS IN EACH OF THE  PARTICIPATING  DISTRICTS  IN
GRADES  NINE  THROUGH  TWELVE AND MAY ALSO SERVE STUDENTS IN GRADES SIX,
SEVEN AND/OR EIGHT AS AGREED UPON BY EACH OF THE PARTICIPATING DISTRICTS
CONSISTENT WITH THE GRADE CONFIGURATION OF THE NEW SECONDARY  SCHOOL(S),
PROVIDED  THAT  EACH  PARTICIPATING SCHOOL DISTRICT SHALL CEASE DISTRICT
OPERATION OF AT LEAST ONE HIGH SCHOOL.  THE  REGIONAL  SECONDARY  SCHOOL
SHALL  BE  OPERATED  BY  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
WHICH SHALL ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE AND MAINTAIN
THE REGIONAL SECONDARY SCHOOL AND THE ADMINISTRATION OF  SUCH  SECONDARY
SCHOOL.  THE  ESTABLISHMENT  OF  A  REGIONAL  SECONDARY  SCHOOL SHALL BE
SUBJECT TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND  TIMEFRAME,
AS SET FORTH WITHIN THIS SECTION.
  3. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, THREE OR MORE PARTICIPAT-
ING SCHOOL DISTRICTS AND THE BOARD OF EDUCATIONAL SERVICES MUST INITIAL-
LY ADOPT, BY MAJORITY VOTE OF THE BOARD OF EDUCATION OF EACH PARTICIPAT-
ING  DISTRICT  AND  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, A
RESOLUTION  PROPOSING  THE  ESTABLISHMENT  OF  SUCH  REGIONAL  SECONDARY
SCHOOL.  THE  RESOLUTION  SHALL  INDICATE  THAT THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES WILL  OPERATE  THE  REGIONAL  SECONDARY  SCHOOL  ON
BEHALF  OF  THE  PARTICIPATING  DISTRICTS  AND SPECIFY THE PARTICIPATING
SCHOOL DISTRICTS AND THE PROPOSED TERM OF  THE  CONTRACT  GOVERNING  THE
REGIONAL  SECONDARY  SCHOOL.    THE RESOLUTION SHALL BE VOTED ON BY EACH
BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF THE  SCHOOL  YEAR
PRIOR  TO  THE  SCHOOL  YEAR  IN  WHICH THE REGIONAL SECONDARY SCHOOL IS
PROPOSED TO COMMENCE OPERATION. IF THREE OR MORE  SCHOOL  DISTRICTS  AND
THE  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES ADOPT SUCH A RESOLUTION,
THE RESOLUTION MUST THEN BE PRESENTED IN A REFERENDUM FOR VOTER APPROVAL
IN EACH OF THE PROPOSED PARTICIPATING DISTRICTS. UPON  APPROVAL  BY  THE
VOTERS  IN EACH OF THE PARTICIPATING DISTRICTS, THE PARTICIPATING SCHOOL
DISTRICTS AND  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  SHALL
COLLECTIVELY  ENTER  INTO A CONTRACT FOR THE ESTABLISHMENT OF A REGIONAL
SECONDARY SCHOOL. IN THE EVENT  THE  VOTERS  OF  ONE  OR  MORE  PROPOSED
PARTICIPATING  DISTRICTS  DO NOT APPROVE SUCH RESOLUTION, THE RESOLUTION
MAY BE PRESENTED FOR ONE RE-VOTE IN THE PROPOSED PARTICIPATING DISTRICTS
WHOSE VOTERS DID NOT APPROVE THE RESOLUTION; OR, IF THE BOARDS OF EDUCA-
TION OF ONE OR MORE SUCH DISTRICTS VOTE TO RESCIND THEIR  RESOLUTION  TO
PARTICIPATE IN THE REGIONAL SECONDARY SCHOOL, ONE ADDITIONAL VOTE MAY BE
HELD  IN  EACH  OF THE REMAINING PROPOSED PARTICIPATING DISTRICTS. IN NO
EVENT MAY MORE THAN TWO VOTES BE  HELD  IN  ANY  PROPOSED  PARTICIPATING
DISTRICT IN ANY SCHOOL YEAR.
  4.  WITH  THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION
AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND  APPROVAL  OF  THE
COMMISSIONER,  ADDITIONAL  SCHOOL DISTRICTS OTHERWISE ELIGIBLE TO ESTAB-
LISH THE REGIONAL SECONDARY  SCHOOL  MAY  JOIN  THE  REGIONAL  SECONDARY
SCHOOL  IN  THE  SECOND  OR A SUBSEQUENT YEAR OF OPERATION BY ADOPTING A
BOARD RESOLUTION AND  OBTAINING  VOTER  APPROVAL  SUBSTANTIALLY  IN  THE
MANNER PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION.

S. 7486                             7

  5.  (A)  UPON  RECEIPT  OF  VOTER APPROVAL IN ALL PARTICIPATING SCHOOL
DISTRICTS, THE PROPOSED CONTRACT, TOGETHER WITH THE  PLAN  OF  FORMATION
AND  OPERATION  OF  THE REGIONAL SECONDARY SCHOOL, SHALL BE SUBMITTED TO
THE COMMISSIONER  FOR  HIS  OR  HER  APPROVAL,  IN  A  TIME  AND  MANNER
PRESCRIBED  BY THE COMMISSIONER. SUCH CONTRACT SHALL BE AN INTER-MUNICI-
PAL SHARING AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL  MUNICI-
PAL LAW THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
  (B) THE REGIONAL SECONDARY SCHOOL AND THE PROPOSED CONTRACT SHALL MEET
THE FOLLOWING REQUIREMENTS:
  (I)  THE CONTRACT SHALL SPECIFY ITS TERM, WHICH SHALL NOT BE LESS THAN
FIVE NOR MORE THAN SEVEN SCHOOL YEARS, AND SHALL PROVIDE THAT THE  BOARD
OF  COOPERATIVE EDUCATIONAL SERVICES WILL OPERATE THE REGIONAL SECONDARY
SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS. THE  BOARD  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  SHALL  SERVE AS THE GOVERNING BODY FOR THE
REGIONAL SECONDARY SCHOOL AND SHALL HAVE RESPONSIBILITY FOR  THE  OPERA-
TION,  SUPERVISION  AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND
SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF  SUCH  SCHOOL,  INCLUDING
GRADING  AND  THE  ISSUANCE OF DIPLOMAS FOR ALL STUDENTS THAT ATTEND THE
REGIONAL SECONDARY SCHOOL, AS  SHALL  BE  DESIGNATED  IN  THE  CONTRACT.
PROVIDED,  HOWEVER,  THAT  THE  CONTRACT MAY PROVIDE FOR ISSUANCE OF THE
DIPLOMA BY THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE UPON CERTIFICATION
BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE  REGIONAL
SECONDARY  SCHOOL  HAVE  BEEN  MET. THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES  SHALL  ALSO  ACT  AS  A  SCHOOL  DISTRICT  FOR  ACCOUNTABILITY
PURPOSES;
  (II) THE CONTRACT SHALL PROVIDE THE NAME OF THE SCHOOL, WHICH SHALL BE
SUBJECT  TO  THE  COMMISSIONER'S  APPROVAL,  THE  GRADES  OF INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY  SCHOOL,  AND  DESIGNATE
THE  SITE  OF  THE  REGIONAL SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE
BOUNDARIES OF THE SUPERVISORY  DISTRICT  OF  THE  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  AND WHERE POSSIBLE, SHOULD USE EXISTING BUILDINGS
AND/OR INFRASTRUCTURE;
  (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  CONTRACT  SHALL
PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT SHALL BE RESPONSIBLE FOR
PROVIDING  OR  ARRANGING  FOR  TRANSPORTATION  TO  ITS RESIDENT STUDENTS
ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORDANCE  WITH  ITS  SCHOOL
DISTRICT  POLICY,  BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION.
SUCH TRANSPORTATION MAY BE  PROVIDED  BY  CONTRACT,  INCLUDING  BUT  NOT
LIMITED  TO  A  CONTRACT  WITH  ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
  (IV) THE CONTRACT SHALL SPECIFY THAT THE STUDENTS OF EACH  PARTICIPAT-
ING  SCHOOL  DISTRICT SHALL REMAIN ENROLLED AS STUDENTS OF THEIR RESPEC-
TIVE PARTICIPATING SCHOOL DISTRICTS,  AND  THEY  SHALL  BE  TREATED  AND
COUNTED  AS  SUCH FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO
THIS CHAPTER;
  (V) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL  DISTRICTS  AND
THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY SCHOOL;
  (VI)  THE  CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY SCHOOL
WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES, INCLUDING COURSES  AND
PROGRAMS  AND  IN  SCIENCE, TECHNOLOGY, ENGINEERING AND MATH, TO PREPARE
STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE  STUDENT  PERFORM-
ANCE;
  (VII)  ALL  TEACHERS,  TEACHING  ASSISTANTS  AND  TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS,  WHOSE  SERVICES  IN  THE  PARTICIPATING
SCHOOL  DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL OR THE TRANSFER OF  STUDENTS  TO  AN  EXISTING

S. 7486                             8

REGIONAL  SECONDARY  SCHOOL  AS  A  RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL  BECOME  EMPLOYEES
OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND SHALL RETAIN THEIR
TENURE  AND/OR EMPLOYMENT STATUS AND THE SENIORITY GAINED IN THE PARTIC-
IPATING DISTRICT. IF THE  NUMBER  OF  TEACHING,  TEACHING  ASSISTANT  OR
TEACHER  AIDE  POSITIONS  NEEDED  TO  PROVIDE  THE  EDUCATIONAL SERVICES
REQUIRED BY A REGIONAL SECONDARY SCHOOL  IS  LESS  THAN  THE  NUMBER  OF
TEACHERS, TEACHING ASSISTANTS OR TEACHER AIDES ELIGIBLE TO BE CONSIDERED
EMPLOYEES  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO
THIS SUBPARAGRAPH, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS  OR
TEACHER  AIDES  HAVING  THE  LEAST SENIORITY IN THE PARTICIPATING SCHOOL
DISTRICTS WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS,  AS  THE  CASE
MAY  BE,  OF  THE POSITION SHALL BE DISCONTINUED. ANY SUCH EMPLOYEES WHO
ARE TEACHERS, TEACHING ASSISTANTS, OR TEACHER AIDES SHALL HAVE  ALL  THE
EMPLOYMENT RIGHTS SPECIFIED IN SECTION THREE THOUSAND FOURTEEN-A OF THIS
CHAPTER;
  (VIII)  UPON  TERMINATION OF THE CONTRACT PURSUANT TO THIS SECTION AND
THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO THE  FORMER
PARTICIPATING  SCHOOL  DISTRICT,  THE  TEACHERS, TEACHING ASSISTANTS AND
TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
TO  SERVE  SHALL  HAVE THE EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL
DISTRICTS AS SPECIFIED IN SECTION  THREE  THOUSAND  FOURTEEN-B  OF  THIS
CHAPTER;
  (IX)  THE  CONTRACT  SHALL  SPECIFY THE PROCESS FOR DEVELOPMENT OF THE
BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY  THE  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  CONSISTENT WITH SUBPARAGRAPH EIGHT OF SUBDIVISION
FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE AND  HOW  OPERATING
AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF CAPITAL EXPENSES ATTRIB-
UTABLE  TO  THE  REGIONAL  SECONDARY  SCHOOL WILL BE ALLOCATED AMONG THE
PARTICIPATING DISTRICTS;
  (X) THE CONTRACT SHALL SPECIFY THE COSTS  OF  THE  REGIONAL  SECONDARY
SCHOOL, STAFFING, CURRENT AND FUTURE CAPITAL CONSTRUCTION PLANS, AND THE
DELIVERY OF SPECIAL EDUCATION PROGRAMS;
  (XI)  THE  CONTRACT  SHALL  SPECIFY  THE  COST OF THE OPERATION OF THE
REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND  AN
ITEMIZED  LISTING  OF  THE  COST  SAVINGS  FOR EACH PARTICIPATING SCHOOL
DISTRICT;
  (XII) THE CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR  ACTIVITIES  AND
INTERSCHOLASTIC  ATHLETICS  WILL BE PROVIDED TO STUDENTS OF THE REGIONAL
SECONDARY SCHOOL;
  (XIII) THE CONTRACT SHALL SPECIFY THE  PROCEDURES  FOR  DISCIPLINE  OF
STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE APPLICA-
BLE  CODE  OF  CONDUCT  PROVIDED  THAT  SUCH  CODE  OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF  THIS  CHAPTER
AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF
EDUCATION  PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
TER;
  (XIV) THE CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE REGIONAL
SECONDARY SCHOOL SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS, PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRESENTATION, OR,
WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS  OF  THE  APPLICABLE
EMPLOYEE   ORGANIZATIONS  REPRESENTING  THE  EMPLOYEES  OF  THE  HOSTING
DISTRICT; AND
  (XV) THE  CONTRACT  SHALL  SPECIFY  THE  FISCAL  IMPLICATIONS  OF  THE
REGIONAL  SECONDARY SCHOOL, INCLUDING THE CURRENT AND EXPECTED STATE AID
AND EXPECTED CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES; AND

S. 7486                             9

  (XVI) THE CONTRACT SHALL SET FORTH ANY OTHER INFORMATION  OR  ANALYSIS
AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
  6.  IF  THE  COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT SHALL BE FOR A PERI-
OD OF NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS AND, WITH  THE
APPROVAL  OF THE COMMISSIONER, MAY BE RENEWED BY MUTUAL AGREEMENT OF THE
BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS AND  THE  SUPERVISORY
DISTRICT  OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE REGIONAL
SECONDARY SCHOOL SHALL COMMENCE OPERATIONS ON THE  FIRST  OF  JULY,  AND
SHALL  NOT  CEASE  OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL
YEAR.
  S 1922. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1. STUDENTS  ATTEND-
ING A REGIONAL SECONDARY SCHOOL SHALL BE DEEMED ENROLLED IN THEIR SCHOOL
DISTRICT  OF  RESIDENCE  AND SHALL BE INCLUDED IN THE APPLICABLE MEMBER-
SHIP, ENROLLMENT  AND  ATTENDANCE  COUNTS  OF  THEIR  RESPECTIVE  SCHOOL
DISTRICTS  OF RESIDENCE FOR PURPOSES OF COMPUTATION OF STATE AID TO SUCH
SCHOOL DISTRICTS.  THE COSTS OF EDUCATING EACH  SUCH  STUDENT  SHALL  BE
INCLUDED  IN  THE  APPROVED  OPERATING  EXPENSE  OF THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE AND EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,
THE STATE AID ATTRIBUTABLE TO SUCH STUDENT SHALL BE COMPUTED IN THE SAME
MANNER AS AID ATTRIBUTABLE TO OTHER RESIDENT STUDENTS AND SHALL BE PAYA-
BLE TO THE SCHOOL DISTRICT OF RESIDENCE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
SCHOOL DISTRICT THAT OWNS  THE  FACILITY  USED  TO  HOUSE  THE  REGIONAL
SECONDARY SCHOOL SHALL BE THE ONLY SCHOOL DISTRICT ELIGIBLE FOR BUILDING
AID  PURSUANT  TO  THE  APPLICABLE PROVISIONS OF SUBDIVISION SIX, SIX-A,
SIX-C, SIX-E OR SIX-F OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  CHAPTER
FOR  PROJECTS  INVOLVING THE REGIONAL SECONDARY SCHOOL THAT ARE APPROVED
BY THE QUALIFIED VOTERS OF SUCH  DISTRICT  AFTER  ESTABLISHMENT  OF  THE
REGIONAL  SECONDARY  SCHOOL,  PROVIDED  THAT  SUCH AID SHALL BE COMPUTED
USING THE BUILDING AID  RATIO  APPLICABLE  TO  PROJECTS  OF  THE  SCHOOL
DISTRICT  THAT  OWNS  THE  REGIONAL  SECONDARY SCHOOL FACILITY UNDER THE
PROVISIONS  OF  PARAGRAPHS  B  AND  C  OF  SUBDIVISION  SIX  OF  SECTION
THIRTY-SIX  HUNDRED  TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID TO SUCH
SCHOOL DISTRICT OR TO THE BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  ON
BEHALF  OF  SUCH  SCHOOL  DISTRICT WHERE THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OPERATES  THE  REGIONAL  SECONDARY  SCHOOL.  THE  SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE
LOCAL  SHARE  OF  THE COSTS OF SUCH PROJECTS TO THE PARTICIPATING SCHOOL
DISTRICTS IN ACCORDANCE WITH  ITS  CONTRACT  ENTERED  INTO  PURSUANT  TO
SECTION  NINETEEN  HUNDRED TWENTY OR NINETEEN HUNDRED TWENTY-ONE OF THIS
ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID PURSU-
ANT TO SUBDIVISION SIX-B OR  PARAGRAPH  C  OF  SUBDIVISION  FOURTEEN  OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  3.  NOTWITHSTANDING ANY PROVISION OF SECTION NINETEEN HUNDRED FIFTY OR
NINETEEN HUNDRED FIFTY-ONE OF THIS TITLE TO THE CONTRARY, IN THE CASE OF
A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  THAT  IS HOUSED IN A FACILITY OWNED BY A PARTICIPATING
SCHOOL DISTRICT, THE CAPITAL EXPENSES FOR  BUILDING  PROJECTS  INVOLVING
THE  REGIONAL  SECONDARY SCHOOL SHALL BE A CHARGE UPON THE PARTICIPATING
SCHOOL DISTRICTS ONLY, AND SUCH COSTS SHALL NOT BE  ALLOCATED  TO  OTHER
COMPONENT  SCHOOL DISTRICTS. SUCH CAPITAL EXPENSES SHALL NOT BE ELIGIBLE
FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN  HUNDRED  FIFTY
OF  THIS TITLE. PROVIDED, HOWEVER, THAT COSTS OF AIDABLE SHARED SERVICES
PROVIDED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO  SUPPLEMENT
THE  PROGRAMS OF THE REGIONAL SECONDARY SCHOOL SHALL BE ELIGIBLE FOR AID

S. 7486                            10

PURSUANT TO SUCH SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY, THE
ADMINISTRATIVE EXPENSES ATTRIBUTABLE TO THE  REGIONAL  SECONDARY  SCHOOL
AND  THE  CAPITAL  EXPENSES  ATTRIBUTABLE TO A REGIONAL SECONDARY SCHOOL
HOUSED  IN  A  FACILITY  OWNED  BY  THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE ALLOCATED TO COMPONENT SCHOOL DISTRICTS IN  ACCORDANCE
WITH  SECTION  NINETEEN  HUNDRED  FIFTY OR NINETEEN HUNDRED FIFTY-ONE OF
THIS TITLE AND SHALL BE ELIGIBLE FOR AID PURSUANT  TO  SUCH  SUBDIVISION
FIVE OF SECTION NINETEEN HUNDRED FIFTY.
  4.  THE  BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PARTICIPATING IN A
REGIONAL SECONDARY SCHOOL PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE FOR
ADDITIONAL STATE AID IN ACCORDANCE WITH PARAGRAPH K OF SUBDIVISION FOUR-
TEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 1923. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL
SECONDARY SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL
ESTABLISH AN ADVISORY  COMMITTEE.    THE  ADVISORY  COMMITTEE  SHALL  BE
COMPOSED  OF THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH PARTICIPAT-
ING SCHOOL DISTRICT, THE PRESIDENT OF THE BOARD  OF  EDUCATION  OF  EACH
SUPERVISORY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, WHERE APPLICABLE,
AND  THE  SUPERINTENDENT  OF  EACH PARTICIPATING SCHOOL DISTRICT AND THE
SUPERINTENDENT OF THE SUPERVISORY DISTRICT IN WHICH THE REGIONAL SECOND-
ARY SCHOOL IS LOCATED. THE SUPERINTENDENT OF  THE  SUPERVISORY  DISTRICT
SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE.
  2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT
LESS  THAN  FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL
SECONDARY SCHOOL OPERATES. DURING SUCH MEETINGS, THE ADVISORY  COMMITTEE
SHALL  REVIEW  THE  OPERATION  OF THE REGIONAL SECONDARY SCHOOL AND MAKE
RECOMMENDATIONS TO THE HOSTING DISTRICT  OR  THE  SUPERVISORY  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES, AS THE CASE MAY BE, ON THE CONTINUED
OPERATION OF SUCH SECONDARY SCHOOL.
  S 3. Subdivision 4 of section 1950 of the education law is amended  by
adding a new paragraph (oo) to read as follows:
  (OO) PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS TITLE, A BOARD OF COOP-
ERATIVE  EDUCATIONAL  SERVICES MAY ENTER INTO AN AGREEMENT WITH THREE OR
MORE SCHOOL DISTRICTS ELIGIBLE TO ENTER SUCH AN AGREEMENT IN  ACCORDANCE
WITH  SECTION  NINETEEN  HUNDRED  TWENTY-ONE  OF  THIS  TITLE, WHICH MAY
INCLUDE CITY SCHOOL DISTRICTS, CENTRAL SCHOOL  DISTRICTS,  CENTRAL  HIGH
SCHOOL  DISTRICTS,  UNION  FREE  SCHOOL  DISTRICTS, AND/OR COMMON SCHOOL
DISTRICTS WHICH ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT  OF
THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  TO  FORM A REGIONAL
SECONDARY SCHOOL TO BE OPERATED BY THE BOARD OF COOPERATIVE  EDUCATIONAL
SERVICES.  THE  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE THE
SAME POWERS AND DUTIES WITH RESPECT TO SUCH REGIONAL SECONDARY SCHOOL AS
THE BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT HAS WITH  RESPECT
TO  ITS  SCHOOLS,  CONSISTENT  WITH  THE TERMS OF ITS AGREEMENT WITH THE
PARTICIPATING SCHOOL DISTRICTS.
  S 4. Paragraph h of subdivision 4 of section 1950 of the education law
is amended by adding three new subparagraphs 10, 11 and 12  to  read  as
follows:
  (10)  TO  ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO OPERATE A
REGIONAL SECONDARY SCHOOL AS ESTABLISHED PURSUANT TO THE  PROVISIONS  OF
SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE.
  (11)  TO  DEVELOP  CORE  CURRICULUM  FOR STUDENTS ATTENDING A REGIONAL
SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE-
TEEN HUNDRED TWENTY-ONE OF THIS TITLE.
  (12) TO ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO  STUDENTS  WHO
GRADUATE  FROM  A  REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE

S. 7486                            11

PROVISIONS OF SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS  TITLE,  UNDER
THE SAME CONDITIONS AS A SCHOOL DISTRICT.
  S 5. Paragraph b of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
  (8)  FOR  REGIONAL  SECONDARY  SCHOOLS ESTABLISHED PURSUANT TO SECTION
NINETEEN HUNDRED TWENTY-ONE OF THIS CHAPTER, THE  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  SHALL  PREPARE  AND PROPOSE A TENTATIVE BUDGET OF
EXPENDITURES FOR PROGRAM, ADMINISTRATIVE AND CAPITAL  COSTS  TO  OPERATE
THE REGIONAL SECONDARY SCHOOL IN THE ENSUING SCHOOL YEAR.  SUCH PROPOSED
BUDGET SHALL BE PROVIDED TO THE BOARD OF EDUCATION OF EACH PARTICIPATING
SCHOOL  DISTRICT  OF THE REGIONAL SECONDARY SCHOOL, BY THE DATE PROVIDED
IN THE AGREEMENT ENTERED INTO PURSUANT TO SUCH SECTION NINETEEN  HUNDRED
TWENTY-ONE. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT
SHALL  BE AFFORDED TO REVIEW AND COMMENT ON THE PROPOSED BUDGET PRIOR TO
ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
  K. TRANSITION  INCENTIVE  AID  FOR  REGIONAL  SECONDARY  SCHOOLS.  (1)
NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS A THROUGH J OF THIS SUBDI-
VISION, FOR AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO  AN
AGREEMENT  TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSUANT
TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR  AFTER  JULY
FIRST,  TWO  THOUSAND TWELVE AND PARTICIPATED IN SUCH REGIONAL SECONDARY
SCHOOL IN THE BASE YEAR SHALL BE ELIGIBLE FOR TRANSITION  INCENTIVE  AID
PURSUANT  TO  THIS  PARAGRAPH PROVIDED THAT THE FOLLOWING CONDITIONS ARE
MET:
  (I) THE REGIONAL SECONDARY SCHOOL AGREEMENT INCLUDES  AT  LEAST  THREE
SCHOOL  DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY
SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE  HIGH  SCHOOL
FOLLOWING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL, OR
  (II)  THE  REGIONAL  SECONDARY  SCHOOL AGREEMENT INCLUDES AT LEAST ONE
SCHOOL DISTRICT WHICH PREVIOUSLY MAINTAINED ITS  OWN  HIGH  SCHOOL,  AND
DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE
REGIONAL  SECONDARY  SCHOOL,  AND IN ADDITION THERETO, INCLUDES AT LEAST
TWO ADDITIONAL SCHOOL DISTRICTS EMPLOYING EIGHT OR MORE TEACHERS THAT DO
NOT MAINTAIN THEIR OWN HIGH SCHOOLS.
  (2) IN EACH OF THE FIRST FIVE YEARS IN  WHICH  A  SCHOOL  DISTRICT  IS
PARTY  TO  SUCH  AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPOR-
TIONMENT EQUAL TO THE PRODUCT OF (I) TEN PERCENT  OF  THE  APPORTIONMENT
COMPUTED  IN  ACCORDANCE  WITH  THE  PROVISIONS OF PARAGRAPH D-1 OF THIS
SUBDIVISION, MULTIPLIED BY (II) THE QUOTIENT OF  THE  NUMBER  OF  PUPILS
WITHIN  SUCH  SCHOOL DISTRICT ATTENDING THE REGIONAL SECONDARY SCHOOL IN
THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL DISTRICT  ENROLLMENT
OF  SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW REGIONAL SECONDARY
SCHOOL(S); PROVIDED FURTHER THAT SUCH DISTRICTS  SHALL  BE  ELIGIBLE  TO
RECEIVE  AN  ADDITIONAL  APPORTIONMENT  EQUAL TO THE PRODUCT OF (I) FIVE
PERCENT OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE  PROVISIONS
OF  PARAGRAPH D-1 OF THIS SUBDIVISION MULTIPLIED BY (II) THE QUOTIENT OF
THE NUMBER OF PUPILS WITHIN SUCH SCHOOL DISTRICT ATTENDING THE  REGIONAL
SECONDARY  SCHOOL IN THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL
DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW
REGIONAL SECONDARY SCHOOL(S) UPON MEETING ACADEMIC ACHIEVEMENT GOALS  AS
ESTABLISHED  BY  THE  COMMISSIONER  IN  ACCORDANCE  WITH  A  METHODOLOGY
PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. IN NO CASE SHALL  THE
SUM  OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH PLUS THE SELECTED OPER-

S. 7486                            12

ATING 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  ELIGIBLE  FOR  AN  APPORTIONMENT  UNDER  PARAGRAPH C, F OR J OF THIS
SUBDIVISION.
  S 7. This act shall take effect July 1, 2012, provided  that  if  this
act  becomes a law after such date, it shall take effect immediately and
be deemed to have been in full force and effect on  and  after  July  1,
2012.

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