Assembly Bill A8002B

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

                                  8002

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to authorizing the estab-
  lishment of regional high  school  districts  in  certain  supervisory
  districts

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

  Section 1. The education law is amended by adding a new  article  39-A
to read as follows:
                              ARTICLE 39-A
                          REGIONAL HIGH SCHOOLS
SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
        1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
        1922. ADDITIONAL STATE AID.
  S  1920.  REGIONAL HIGH SCHOOL; ESTABLISHMENT.  A REGIONAL HIGH SCHOOL
MAY BE FORMED  BY  A  CONTRACT  ENTERED  INTO  BY  TWO  OR  MORE  SCHOOL
DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
OF  LESS  THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND INHABITANTS, CENTRAL
SCHOOL DISTRICTS, UNION  FREE  SCHOOL  DISTRICTS  AND/OR  COMMON  SCHOOL
DISTRICTS,  PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY CONTAINED
WITHIN THE CATTARAUGUS-ALLEGANY-ERIE-WYOMING BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SUPERVISORY DISTRICT, THE ERIE 2  CHAUTAUQUA-CATTARAUGUS
BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT, OR THE
GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
SORY DISTRICT.  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS  ARTICLE,  THE
PROVISIONS  OF  THIS  CHAPTER AS TO THE COURSES OF STUDY, THE QUALIFICA-
TIONS AND EMPLOYMENT OF TEACHERS AND OTHER STAFF, AND  THE  MAINTENANCE,
CONDUCT  AND  SUPERVISION  OF PUBLIC SCHOOLS IN CENTRAL SCHOOL DISTRICTS
SHALL APPLY TO A REGIONAL HIGH SCHOOL. ANY CONTRACT FOR A REGIONAL  HIGH
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-09-1
              

A. 8002                             2

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
DISTRICT,  WITH  THE SAME TENURE STATUS HELD IN SUCH COMPONENT DISTRICT.
FOR PURPOSES OF THIS SECTION, WHEN A PARTICIPATING SCHOOL DISTRICT TAKES

A. 8002                             3

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
HIGH SCHOOL AND ANY AND ALL RESPONSIBILITY FOR COMPLIANCE WITH  ACADEMIC
ACHIEVEMENT  STANDARDS, AND ANY EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR

A. 8002                             4

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
OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN RESPONSIBLE  FOR  THE
PERFORMANCE  OF ITS STUDENTS IN THE REGIONAL HIGH SCHOOL UNDER THE STATE

A. 8002                             5

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.

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

                                 8002--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the education law, in relation to authorizing the estab-
  lishment  of  regional  high  school  districts in certain supervisory
  districts

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

  Section  1.  The education law is amended by adding a new article 39-A
to read as follows:
                              ARTICLE 39-A
                          REGIONAL HIGH SCHOOLS
SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
        1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
        1922. ADDITIONAL STATE AID.
        1923. REGIONAL HIGH SCHOOL ADVISORY COMMITTEE.
  S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. THE  ESTABLISHMENT  OF  A
REGIONAL  HIGH  SCHOOL  SHALL BE COMMENCED UPON THE ADOPTION OF A RESOL-
UTION PROPOSING THE ESTABLISHMENT OF SUCH A  HIGH  SCHOOL,  BY  MAJORITY
VOTE,  OF  EACH  OF  THE  BOARDS  OF  EDUCATION  OF  TWO  OR MORE SCHOOL
DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
OF LESS THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  CENTRAL
SCHOOL  DISTRICTS,  UNION  FREE  SCHOOL  DISTRICTS  AND/OR COMMON SCHOOL
DISTRICTS, PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY  CONTAINED
WITHIN THE CATTARAUGUS-ALLEGANY-ERIE-WYOMING BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES SUPERVISORY DISTRICT, THE ERIE 2 CHAUTAUQUA-CATTARAUGUS
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT,  OR  THE
GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
SORY DISTRICT.  THEREAFTER, IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A
RESOLUTION,  THE  BOARDS  OF  EDUCATION  OF  SUCH SCHOOL DISTRICTS SHALL
JOINTLY ESTABLISH A PROPOSED CONTRACT FOR THE OPERATION  OF  A  REGIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10142-15-1
              

A. 8002--A                          2

HIGH SCHOOL. UPON ESTABLISHMENT OF A PROPOSED CONTRACT FOR THE OPERATION
OF  A  REGIONAL  HIGH  SCHOOL,  SUCH  CONTRACT SHALL BE SUBMITTED TO THE
COMMISSIONER. EVERY PROPOSED CONTRACT FOR A REGIONAL HIGH  SCHOOL  SHALL
BE  SUBJECT  TO  APPROVAL  BY  THE  COMMISSIONER.    IF THE COMMISSIONER
APPROVES THE PROPOSED CONTRACT, THE REGIONAL HIGH SCHOOL SHALL BE ESTAB-
LISHED UPON THE APPROVAL OF SUCH CONTRACT, BY MAJORITY VOTE, OF EACH  OF
THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A
REGIONAL  HIGH SCHOOL. UPON THE APPROVAL OF TWO OR MORE BOARDS OF EDUCA-
TION, THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO HAVE BEEN ESTABLISHED.
EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE,  THE  PROVISIONS  OF  THIS
CHAPTER AS TO THE COURSES OF STUDY, THE QUALIFICATIONS AND EMPLOYMENT OF
TEACHERS,  NON-INSTRUCTIONAL  EMPLOYEES AND OTHER STAFF, AND THE MAINTE-
NANCE, CONDUCT AND SUPERVISION  OF  PUBLIC  SCHOOLS  IN  CENTRAL  SCHOOL
DISTRICTS  SHALL  APPLY  TO  A REGIONAL HIGH SCHOOL. EVERY REGIONAL HIGH
SCHOOL AND THE CONTRACT THEREFOR SHALL MEET THE FOLLOWING REQUIREMENTS:
  1. THE CONTRACT SHALL BE FOR A PERIOD OF  NOT  LESS  THAN  TWO  SCHOOL
YEARS  AND,  WITH  THE  APPROVAL  OF THE COMMISSIONER, MAY BE RENEWED BY
MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
  2. THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST  OF
JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
SCHOOL YEAR;
  3.  THE  CONTRACT SHALL STATE WHETHER THE REGIONAL HIGH SCHOOL WILL BE
OPERATED BY ONE  OF  THE  PARTICIPATING  SCHOOL  DISTRICTS,  HEREINAFTER
REFERRED  TO IN THIS ARTICLE AS THE "HOSTING SCHOOL DISTRICT," OR BY THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO A CONTRACT AUTHOR-
IZED BY SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS ARTICLE;
  4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
PARTICIPATING SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL  HIGH
SCHOOL,  AND  THE  COST OF SUCH TRANSPORTATION SHALL BE A CHARGE AGAINST
EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
AS TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED  THIR-
TY-FIVE OF THIS CHAPTER;
  5.  IF  THE  REGIONAL  HIGH  SCHOOL  IS  OPERATED  BY A HOSTING SCHOOL
DISTRICT, THE REGIONAL HIGH SCHOOL  AND  THE  CONTRACT  SHALL  MEET  THE
FOLLOWING REQUIREMENTS:
  A.  THE CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL HIGH SCHOOL,
WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING  SCHOOL
DISTRICTS. THE HOSTING SCHOOL DISTRICT SHALL HAVE RESPONSIBILITY FOR THE
OPERATION,  SUPERVISION  AND MAINTENANCE OF THE REGIONAL HIGH SCHOOL, AS
SHALL BE DESIGNATED IN THE CONTRACT,
  B. THE CONTRACT SHALL SPECIFY THAT THE STUDENTS OF EACH  PARTICIPATING
SCHOOL DISTRICT SHALL REMAIN AS STUDENTS OF THEIR RESPECTIVE PARTICIPAT-
ING  SCHOOL DISTRICTS, AND THEY SHALL BE TREATED AND COUNTED AS SUCH FOR
PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER,
  C.  THE REGIONAL HIGH SCHOOL SHALL OPERATE  ITS  OWN  EXTRA-CURRICULAR
ACTIVITIES AND INTERSCHOLASTIC ATHLETICS AND THE STUDENTS ATTENDING SUCH
REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES
AND  ATHLETICS  AND  SHALL NOT BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIV-
ITIES AND ATHLETICS OF THEIR PARTICIPATING SCHOOL DISTRICT,
  D. THE CONTRACT SHALL PROVIDE  THAT  ALL  TEACHERS,  NON-INSTRUCTIONAL
EMPLOYEES AND OTHER STAFF MEMBERS OF THE PARTICIPATING SCHOOL DISTRICTS,
EXCEPT  THE SUPERINTENDENT OF SCHOOLS, WHOSE SERVICES IN THE PARTICIPAT-
ING SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE CREATION  OF  A
REGIONAL  HIGH  SCHOOL  OR  THE  TRANSFERENCE OF STUDENTS TO AN EXISTING
REGIONAL HIGH SCHOOL, SHALL BE GRANTED EMPLOYMENT  RIGHTS  IN  THE  HOST
SCHOOL DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,

A. 8002--A                          3

  E. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
TO  A  REGIONAL  HIGH SCHOOL OPERATED BY A HOSTING SCHOOL DISTRICT, EACH
TEACHER, NON-INSTRUCTIONAL EMPLOYEE AND ALL OTHER  EMPLOYEES  PREVIOUSLY
EMPLOYED  IN THE EDUCATION OF SUCH STUDENTS BY SUCH PARTICIPATING SCHOOL
DISTRICT  PRIOR  TO  THE  TIME  THAT  SUCH  COMPONENT DISTRICT SENDS ITS
STUDENTS TO THE REGIONAL HIGH SCHOOL SHALL BE  CONSIDERED  EMPLOYEES  OF
THE  HOSTING  SCHOOL DISTRICT, WITH THE SAME TENURE AND/OR CIVIL SERVICE
STATUS HELD IN SUCH COMPONENT DISTRICT. FOR PURPOSES  OF  THIS  SECTION,
WHEN A PARTICIPATING SCHOOL DISTRICT TAKES BACK STUDENTS THAT IT SENT TO
ANOTHER  DISTRICT  ON  A  TUITION  BASIS  AND  SENDS  SUCH STUDENTS TO A
REGIONAL HIGH SCHOOL OPERATED PURSUANT  TO  THIS  ARTICLE,  THE  HOSTING
SCHOOL  DISTRICT  OF  THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO BE THE
SENDING DISTRICT FOR PURPOSES OF THE RIGHTS AND PROTECTIONS PROVIDED  IN
SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER AND/OR ARTICLE FIVE OF
THE CIVIL SERVICE LAW,
  F.  IF  THE  NUMBER OF TEACHING, NON-INSTRUCTIONAL AND OTHER POSITIONS
NEEDED TO PROVIDE THE EDUCATIONAL SERVICES REQUIRED BY A  REGIONAL  HIGH
SCHOOL  IS LESS THAN THE NUMBER OF TEACHERS, NON-INSTRUCTIONAL EMPLOYEES
AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF  THE  HOSTING
SCHOOL  DISTRICT OF SUCH REGIONAL HIGH SCHOOL AS PROVIDED BY PARAGRAPH E
OF THIS SUBDIVISION, THE SERVICES  OF  THE  TEACHERS,  NON-INSTRUCTIONAL
EMPLOYEES  AND OTHER EMPLOYEES HAVING THE LEAST SENIORITY IN THE PARTIC-
IPATING SCHOOL DISTRICTS WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS,
AS THE CASE MAY BE, OF THE POSITION SHALL BE DISCONTINUED.  SUCH  TEACH-
ERS,  NON-INSTRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES SHALL BE PLACED ON
A PREFERRED ELIGIBLE LIST OF CANDIDATES FOR  APPOINTMENT  TO  A  VACANCY
THAT  MAY  THEREAFTER OCCUR IN AN OFFICE OR POSITION UNDER THE JURISDIC-
TION OF THE PARTICIPATING SCHOOL DISTRICT, THE "RECEIVING  DISTRICT"  AS
DEFINED IN SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER, FROM WHICH
A PARTICIPATING SCHOOL DISTRICT HAS TAKEN BACK STUDENTS, AND THE HOSTING
SCHOOL  DISTRICT  OF  THE  REGIONAL  HIGH SCHOOL SIMILAR TO THE ONE SUCH
TEACHER OR OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT. THE  TEACH-
ERS,  NON-INSTRUCTIONAL  EMPLOYEES AND OTHER EMPLOYEES ON SUCH PREFERRED
LISTS SHALL BE REINSTATED OR APPOINTED TO SUCH VACANCIES IN SUCH  CORRE-
SPONDING  OR SIMILAR POSITIONS UNDER THE JURISDICTION OF THE PARTICIPAT-
ING SCHOOL DISTRICT OR THE HOSTING SCHOOL DISTRICT OF THE REGIONAL  HIGH
SCHOOL  IN  THE  ORDER  OF THEIR LENGTH OF SERVICE IN SUCH PARTICIPATING
SCHOOL DISTRICT, WITHIN SEVEN YEARS FROM THE DATE OF  THE  PLACEMENT  OF
THE EMPLOYEE ON SAID LIST, AND
  G.  FOR ANY SUCH TEACHER, NON-INSTRUCTIONAL EMPLOYEE OR OTHER EMPLOYEE
AS DESCRIBED IN PARAGRAPHS D AND E OF THIS SUBDIVISION, FOR SALARY, SICK
LEAVE AND ANY OTHER PURPOSES, THE LENGTH OF  SERVICE  CREDITED  IN  SUCH
PARTICIPATING  SCHOOL DISTRICT SHALL BE CREDITED AS EMPLOYMENT TIME WITH
THE HOSTING SCHOOL DISTRICT;
  6. THE CONTRACT SHALL  SPECIFY  THE  COST  OF  THE  OPERATION  OF  THE
REGIONAL HIGH SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND AN ITEM-
IZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT;
  7.  THE  CONTRACT SHALL SPECIFY THE CURRENT AND PROPOSED FUTURE TEACH-
ING, NON-INSTRUCTIONAL AND ALL OTHER EMPLOYEE STAFFING LEVELS AND  PLANS
OF THE REGIONAL HIGH SCHOOL;
  8.  THE  CONTRACT  SHALL  SPECIFY  THE  CURRICULA AND CURRICULUM PLANS
OFFERED AND PROVIDED BY THE REGIONAL HIGH SCHOOL;
  9. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE ENROLLMENT LEVELS
AND PLANS OF THE REGIONAL HIGH SCHOOL;
  10. THE CONTRACT SHALL SPECIFY THE CURRENT  AND  FUTURE  BUILDING  AND
CAPITAL CONSTRUCTION PLANS FOR THE REGIONAL HIGH SCHOOL;

A. 8002--A                          4

  11. THE CONTRACT SHALL SPECIFY THE SPECIAL EDUCATION SERVICE PLANS AND
PLANS FOR STUDENTS WITH HANDICAPPING CONDITIONS;
  12.  THE  CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE ESTAB-
LISHMENT AND OPERATION  OF  THE  REGIONAL  HIGH  SCHOOL,  INCLUDING  THE
CURRENT  AND  EXPECTED  STATE AID CHANGES, EXPENDITURES AND PROPERTY TAX
LEVIES;
  13. THE CONTRACT SHALL SPECIFY THE PLAN  AND  PROCEDURES  FOR  SENDING
DISTRICTS  WITH  REGARD  TO THE ADMINISTRATION OF EACH SUCH DISTRICT AND
THE ADMINISTRATION OF THE REGIONAL SCHOOL DISTRICT;
  14. THE CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF  THE  REGIONAL
HIGH  SCHOOL  SHALL  ESTABLISH  NEW  EMPLOYEE ORGANIZATIONS, PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRESENTATION,  OR
WHETHER  THEY SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZATIONS REPRES-
ENTING THE EMPLOYEES OF THE HOSTING DISTRICT OR THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, AS THE CASE MAY BE;
  15. THE CONTRACT SHALL SPECIFY THAT THE REGIONAL HIGH SCHOOL SHALL  BE
SOLELY RESPONSIBLE FOR THE IMPLEMENTATION AND COMPLETION OF ALL ACADEMIC
ACHIEVEMENT   STANDARDS   FOR   THE  STUDENTS  OF  PARTICIPATING  SCHOOL
DISTRICTS; AND
  16. THIS SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE  RIGHTS  OF
ANY OF SUCH TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS SECTION GRANT-
ED BY ANY OTHER PROVISION OF LAW.
  S  1921.  OPERATION  BY  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE  BOARDS
OF  EDUCATION  WHICH  ARE  PARTIES TO AN AGREEMENT TO OPERATE A REGIONAL
HIGH SCHOOL, WITH THE APPROVAL OF THE COMMISSIONER,  MAY  CONTRACT  WITH
THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  OF  THE  SUPERVISORY
DISTRICT IN WHICH THEY ARE LOCATED FOR THE MANAGEMENT AND  OPERATION  OF
THE  REGIONAL  HIGH  SCHOOL.  SUCH CONTRACT SHALL BE FOR A PERIOD OF NOT
LESS THAN TWO SCHOOL YEARS AND, WITH THE APPROVAL OF  THE  COMMISSIONER,
MAY  BE  RENEWED  BY MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION AND THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.   EVERY SUCH  CONTRACT  SHALL
PROVIDE  FOR  THE COMMENCEMENT OF OPERATIONS OF THE REGIONAL HIGH SCHOOL
ON THE FIRST OF JULY, AND SHALL ONLY CEASE OPERATIONS ON  THE  THIRTIETH
OF JUNE OF ANY SCHOOL YEAR.
  1. UPON ENTRY INTO SUCH CONTRACT, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL TAKE OVER ALL OF THE EDUCATIONAL PROGRAMS OF THE REGIONAL
HIGH  SCHOOL AND ANY AND ALL RESPONSIBILITY FOR COMPLIANCE WITH ACADEMIC
ACHIEVEMENT STANDARDS, AND ANY EMPLOYEES OF THE REGIONAL HIGH SCHOOL  OR
OF  THE PARTICIPATING SCHOOL DISTRICTS, AS THE CASE MAY BE, SHALL BECOME
EMPLOYEES OF THE BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND  THE
PROVISIONS  OF  SECTION  THREE  THOUSAND  FOURTEEN-A OF THIS CHAPTER AND
ARTICLE FIVE OF THE CIVIL SERVICE LAW SHALL APPLY. SUCH EMPLOYEES  SHALL
BE  EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SHALL
NOT BE DEEMED EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR THE PARTICIPATING
SCHOOL DISTRICTS FOR ANY PURPOSE. UPON TERMINATION OF THE CONTRACT,  THE
REGIONAL  HIGH SCHOOL OR THE PARTICIPATING SCHOOL DISTRICTS, AS THE CASE
MAY BE, SHALL TAKE OVER THE EDUCATIONAL PROGRAMS AND THE EMPLOYEES SHALL
BECOME EMPLOYEES OF THE HOSTING SCHOOL DISTRICT  OF  THE  REGIONAL  HIGH
SCHOOL,  AND THE PROVISIONS OF SECTION THREE THOUSAND FOURTEEN-B OF THIS
CHAPTER AND ARTICLE FIVE OF THE CIVIL SERVICE LAW SHALL APPLY.
  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

A. 8002--A                          5

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 1923. REGIONAL HIGH SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL HIGH
SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL ESTABLISH
AN ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL BE COMPOSED  OF  THE
PRESIDENT  OF  THE  BOARD  OF  EDUCATION  OF  EACH  PARTICIPATING SCHOOL
DISTRICT, THE SUPERINTENDENT OF EACH PARTICIPATING SCHOOL DISTRICT,  AND

A. 8002--A                          6

THE  SUPERINTENDENT  OF  THE  SUPERVISORY DISTRICT IN WHICH THE REGIONAL
HIGH SCHOOL IS LOCATED. THE SUPERINTENDENT OF THE  SUPERVISORY  DISTRICT
SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE.
  2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT
LESS  THAN  FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL
HIGH SCHOOL OPERATES. DURING EACH SUCH MEETING, THE  ADVISORY  COMMITTEE
SHALL  REVIEW  THE OPERATION OF THE REGIONAL HIGH SCHOOL AND MAKE RECOM-
MENDATIONS TO THE HOSTING SCHOOL DISTRICT OR THE  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES, AS THE CASE MAY BE, ON THE CONTINUED OPERATION OF
SUCH HIGH SCHOOL.
  S 2. Subparagraph 6 of paragraph d of subdivision 14 of  section  3602
of  the education law, as added by section 17-a of part B of the laws of
2007, is amended to read as follows:
  (6) where such reorganization includes at least two  school  districts
employing  eight or more teachers forming a central high school district
pursuant to section nineteen hundred thirteen of this chapter OR FORMING
A REGIONAL  HIGH  SCHOOL  PURSUANT  TO  ARTICLE  THIRTY-NINE-A  OF  THIS
CHAPTER, such reorganized district shall be entitled to an apportionment
equal  to an additional percent of the apportionment computed in accord-
ance with the provisions of paragraph d-1 of this subdivision; but in no
case shall the sum of such apportionment under this paragraph  plus  the
selected operating aid per pupil be more than a total of ninety-five per
centum  of  the  year prior to the base year approved operating expense;
for a period of five years beginning with the first school year of oper-
ation as a reorganized district such additional percent shall  be  forty
percent;  and  thereafter such additional forty percent apportionment to
such district shall be reduced by  four  percentage  points  each  year,
beginning  with  the  sixth  school  year  of operation as a reorganized
district, and continuing until such additional forty percent  apportion-
ment  is  eliminated; provided, however, that the total apportionment to
such reorganized district, beginning with the first school year of oper-
ation as a reorganized district, and for a period of fifteen years ther-
eafter, shall be not less than the sum of all apportionments computed in
accordance with the provisions of this paragraph plus the  apportionment
computed  in  accordance  with  the  provisions of paragraph d-1 of this
subdivision that each component school district was entitled to  receive
and did receive during the last school year preceding such first year of
operation.  In  the  event  a  school district is eligible for incentive
operating aid and again reorganizes pursuant to a new plan  or  reorgan-
ization  established by the commissioner, and where such new reorganiza-
tion is again eligible for incentive operating aid,  the  newly  created
school  district  shall  be  entitled to receive incentive operating aid
pursuant to the provisions  of  this  paragraph,  based  on  all  school
districts  included  in any such reorganization, provided, however, that
incentive operating aid payments due because of any such former reorgan-
ization shall cease.
  S 3. This act shall take effect immediately.