S T A T E O F N E W Y O R K
________________________________________________________________________
6165--A
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
___________
Introduced by M. of A. NOLAN -- Multi-Sponsored by -- M. of A. McDONALD
-- read once and referred to the Committee on Education -- recommitted
to the Committee on Education in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to authorizing the estab-
lishment of regional high schools in certain supervisory districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 39-A
to read as follows:
ARTICLE 39-A
REGIONAL HIGH SCHOOLS
SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. THE ESTABLISHMENT OF A
REGIONAL HIGH SCHOOL SHALL BE COMMENCED UPON THE ADOPTION OF A RESOL-
UTION PROPOSING THE ESTABLISHMENT OF SUCH A HIGH SCHOOL, BY MAJORITY
VOTE, OF EACH OF THE BOARDS OF EDUCATION OF TWO OR MORE SCHOOL
DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, CENTRAL
SCHOOL DISTRICTS, UNION FREE SCHOOL DISTRICTS AND/OR COMMON SCHOOL
DISTRICTS, PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY CONTAINED
WITHIN THE CATTARAUGUS-ALLEGANY-ERIE-WYOMING BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SUPERVISORY DISTRICT, THE ERIE 2 CHAUTAUQUA-CATTARAUGUS
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT, OR THE
GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
SORY DISTRICT. THEREAFTER, IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A
RESOLUTION, THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PROPOSING TO
ESTABLISH THE REGIONAL HIGH SCHOOL SHALL, NOT LESS THAN THIRTY DAYS
PRIOR TO ANY VOTE OF ITS ELECTORS UPON THE RESOLUTION, CONDUCT A MEETING
OPEN TO THE PUBLIC UPON THE TERMS AND CONDITIONS OF SUCH RESOLUTION. THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07076-05-4
A. 6165--A 2
ADOPTION OF THE RESOLUTION FOR THE ESTABLISHMENT OF A REGIONAL HIGH
SCHOOL SHALL BE SUBJECT TO APPROVAL THEREOF, BY MAJORITY VOTE, OF ALL
ELECTORS OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A REGIONAL HIGH
SCHOOL, SUCH ELECTION BEING CONDUCTED WITHIN EACH SCHOOL DISTRICT AND
THE VOTES THEREIN BEING COMPILED AT A CENTRAL LOCATION BY A BOARD OF
CANVASS ESTABLISHED BY THE BOARDS OF EDUCATION OF SUCH SCHOOL DISTRICTS.
UPON APPROVAL BY THE ELECTORS OF THE SCHOOL DISTRICTS THE BOARDS OF
EDUCATION OF SUCH SCHOOL DISTRICTS SHALL JOINTLY ESTABLISH A PROPOSED
CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL. UPON ESTABLISHMENT
OF A PROPOSED CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL, SUCH
CONTRACT SHALL BE SUBMITTED TO THE COMMISSIONER. EVERY PROPOSED CONTRACT
FOR A REGIONAL HIGH SCHOOL SHALL BE SUBJECT TO APPROVAL BY THE COMMIS-
SIONER WHO SHALL, AS A CONDITION OF SUCH APPROVAL, CERTIFY THAT THE
CREATION OF A REGIONAL HIGH SCHOOL WILL EXPAND AND IMPROVE THE EDUCA-
TIONAL SERVICES AVAILABLE TO ALL STUDENTS OF SUCH HIGH SCHOOL AND THAT
IT CAN RESULT IN ADMINISTRATIVE EFFICIENCIES FOR ALL PARTICIPATING
DISTRICTS. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE
REGIONAL HIGH SCHOOL SHALL BE DEEMED TO HAVE BEEN ESTABLISHED, EXCEPT
THAT NOTHING IN THIS SECTION SHALL PREVENT THE HIGH SCHOOL WHICH WOULD
SERVE AS THE HOST OF THE REGIONAL HIGH SCHOOL SO ESTABLISHED TO CONTINUE
TO OPERATE AS A LEGAL ENTITY UNTIL THE END OF THE SCHOOL YEAR. EXCEPT AS
OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS OF THIS CHAPTER AS TO
THE COURSES OF STUDY, THE QUALIFICATIONS AND EMPLOYMENT OF TEACHERS,
NON-INSTRUCTIONAL EMPLOYEES AND OTHER STAFF, AND THE MAINTENANCE,
CONDUCT AND SUPERVISION OF PUBLIC SCHOOLS IN CENTRAL SCHOOL DISTRICTS
SHALL APPLY TO A REGIONAL HIGH SCHOOL. EVERY REGIONAL HIGH SCHOOL AND
THE CONTRACT THEREFOR SHALL MEET THE FOLLOWING REQUIREMENTS:
1. THE CONTRACT SHALL BE FOR A PERIOD OF NOT LESS THAN FIVE SCHOOL
YEARS AND, WITH THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED BY
MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
2. THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF
JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
SCHOOL YEAR;
3. THE CONTRACT SHALL STATE THAT THE REGIONAL HIGH SCHOOL WILL BE
OPERATED BY ONE OF THE PARTICIPATING SCHOOL DISTRICTS, HEREINAFTER
REFERRED TO IN THIS ARTICLE AS THE "HOSTING SCHOOL DISTRICT";
4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
PARTICIPATING SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL HIGH
SCHOOL, AND THE COST OF SUCH TRANSPORTATION SHALL BE A CHARGE AGAINST
EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
AS TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED THIR-
TY-FIVE OF THIS CHAPTER;
5. IF THE REGIONAL HIGH SCHOOL IS OPERATED BY A HOSTING SCHOOL
DISTRICT, THE REGIONAL HIGH SCHOOL AND THE CONTRACT SHALL MEET THE
FOLLOWING REQUIREMENTS:
A. THE CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL HIGH SCHOOL,
WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING SCHOOL
DISTRICTS. THE HOSTING SCHOOL DISTRICT AND THE BOARD OF EDUCATION OF
SUCH SCHOOL DISTRICT SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPER-
VISION AND MAINTENANCE OF THE REGIONAL HIGH SCHOOL, AS SHALL BE DESIG-
NATED IN THE CONTRACT,
B. THE CONTRACT SHALL SPECIFY THAT THE STUDENTS RECEIVING INSTRUCTION
FROM THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO BE ENROLLED IN THE
REGIONAL HIGH SCHOOL, EXCEPT TO THE EXTENT THAT THEIR ENROLLMENT AND
ATTENDANCE SHALL BE INCLUDED IN THE ENROLLMENT AND ATTENDANCE COUNTS OF
THE PARTICIPATING DISTRICTS FOR THE PURPOSES OF STATE AID, AND THEY
A. 6165--A 3
SHALL BE TREATED AND COUNTED AS SUCH FOR PURPOSES OF ALL STATE AID
CALCULATIONS PURSUANT TO THIS CHAPTER,
C. THE REGIONAL HIGH SCHOOL SHALL OPERATE ITS OWN EXTRACURRICULAR
ACTIVITIES AND INTERSCHOLASTIC ATHLETICS AND THE STUDENTS ATTENDING SUCH
REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES
AND ATHLETICS AND SHALL NOT BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIV-
ITIES AND ATHLETICS OF THEIR PARTICIPATING SCHOOL DISTRICT, EXCEPT TO
THE EXTENT THAT IF THE ACTIVITIES OR ATHLETICS OF THEIR PARTICIPATING
DISTRICT ARE DESIGNED OR INTENDED TO ACCOMMODATE JOINT PARTICIPATION
BETWEEN STUDENTS FROM THE JUNIOR HIGH SCHOOL OF THE PARTICIPATING
DISTRICT AND THE REGIONAL HIGH SCHOOL INCLUDING, BUT NOT LIMITED TO,
MODIFIED ATHLETIC TEAMS, MIXED GRADE MUSIC AND BAND PROGRAMS, AND JOINT
GRADE EXTRA-CURRICULAR PROGRAMS, THEN THE STUDENTS FROM THE REGIONAL
HIGH SCHOOL MAY JOINTLY PARTICIPATE IN SUCH ACTIVITIES OR ATHLETICS IN
THEIR PARTICIPATING SCHOOL DISTRICT,
D. THE REGIONAL HIGH SCHOOL SHALL BE RESPONSIBLE FOR THE EVALUATION
AND GRADING OF THE ACADEMIC PERFORMANCE OF ALL STUDENTS ATTENDING THE
REGIONAL HIGH SCHOOL, AND SHALL AWARD STUDENTS THEIR DIPLOMAS UPON GRAD-
UATION,
E. THE CONTRACT SHALL PROVIDE THAT ALL SCHOOL PRINCIPALS, ASSISTANT
PRINCIPALS, OTHER SUPERVISORY EMPLOYEES, 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,
AND IN THE SAME MANNER AS IS PROVIDED IN SECTIONS THREE THOUSAND FOUR-
TEEN-A AND THREE THOUSAND FOURTEEN-B OF THIS CHAPTER,
F. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
TO A REGIONAL HIGH SCHOOL OPERATED BY A HOSTING SCHOOL DISTRICT, EACH
SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER,
NON-INSTRUCTIONAL EMPLOYEE AND ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED
IN THE EDUCATION OF SUCH STUDENTS BY SUCH PARTICIPATING SCHOOL DISTRICT
PRIOR TO THE TIME THAT SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO
THE REGIONAL HIGH SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZA-
TIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME OF
CREATION OF THE REGIONAL HIGH SCHOOL UNTIL SUCH TIME AS A SUCCESSOR
AGREEMENT HAS BEEN NEGOTIATED, AND SHALL PROVIDE THAT THE DETERMINATION
OF BARGAINING UNIT STATUS AND REPRESENTATION RIGHTS SHALL BE IN ACCORD-
ANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THE RULES OF
PROCEDURE OF THE PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF
THE REGIONAL HIGH SCHOOL THE SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS,
SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL
OTHER EMPLOYEES SHALL REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT
THE SENDING SCHOOL DISTRICT TO WHICH THEY ARE SENT. FOR PURPOSES OF THIS
SECTION, WHEN A PARTICIPATING SCHOOL DISTRICT TAKES BACK STUDENTS THAT
IT SENT TO ANOTHER DISTRICT ON A TUITION BASIS AND SENDS SUCH STUDENTS
TO A REGIONAL HIGH SCHOOL OPERATED PURSUANT TO THIS ARTICLE, THE HOSTING
SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO BE THE
SENDING DISTRICT FOR PURPOSES OF THE RIGHTS AND PROTECTIONS PROVIDED IN
SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER AND/OR ARTICLE FIVE OF
THE CIVIL SERVICE LAW,
G. IF THE NUMBER OF SUPERVISORY, TEACHING, NON-INSTRUCTIONAL AND OTHER
POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES REQUIRED BY A
REGIONAL HIGH SCHOOL IS LESS THAN THE NUMBER OF SCHOOL PRINCIPALS,
A. 6165--A 4
ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, 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 F OF THIS SUBDIVISION, THE SERVICES OF THE SCHOOL PRINCIPALS,
ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, 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 SCHOOL
PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, 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 JURISDICTION 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
SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER OR
OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT. THE SCHOOL PRINCI-
PALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-IN-
STRUCTIONAL EMPLOYEES 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
H. FOR ANY SUCH SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY
EMPLOYEE, TEACHER, NON-INSTRUCTIONAL EMPLOYEE OR OTHER EMPLOYEE AS
DESCRIBED IN PARAGRAPHS E AND F OF THIS SUBDIVISION, FOR SALARY, SICK
LEAVE AND ANY OTHER PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH
PARTICIPATING SCHOOL DISTRICT SHALL BE CREDITED AS EMPLOYMENT TIME WITH
THE HOSTING SCHOOL DISTRICT IF SUCH EMPLOYEES HAVE BECOME EMPLOYEES OF
THE HOSTING SCHOOL DISTRICT PURSUANT TO SUBDIVISION FIFTEEN OF THIS
SECTION;
6. THE CONTRACT SHALL SPECIFY THE COST OF THE OPERATION OF THE
REGIONAL HIGH SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND AN ITEM-
IZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT;
7. THE CONTRACT SHALL SPECIFY THE CURRENT AND PROPOSED FUTURE SUPERVI-
SORY, TEACHING, NON-INSTRUCTIONAL AND ALL OTHER EMPLOYEE STAFFING LEVELS
AND PLANS OF THE REGIONAL HIGH SCHOOL;
8. THE CONTRACT SHALL SPECIFY THE CURRICULA AND CURRICULUM PLANS
OFFERED AND PROVIDED BY THE REGIONAL HIGH SCHOOL, AND SHALL REQUIRE THE
REGIONAL HIGH SCHOOL TO DOCUMENT AND DEMONSTRATE THE PROVISION OF AN
IMPROVED SCOPE OF EDUCATIONAL SERVICES TO STUDENTS IN COMPARISON TO THE
SENDING SCHOOL DISTRICTS;
9. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE ENROLLMENT LEVELS
AND PLANS OF THE REGIONAL HIGH SCHOOL;
10. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE BUILDING AND
CAPITAL CONSTRUCTION PLANS FOR THE REGIONAL HIGH SCHOOL;
11. THE CONTRACT SHALL SPECIFY PLANS FOR DELIVERY OF SPECIAL EDUCATION
PROGRAMS AND SERVICES TO STUDENTS WITH DISABILITIES ATTENDING THE
REGIONAL HIGH SCHOOL, INCLUDING THE ROLES AND RESPONSIBILITIES OF THE
COMMITTEES ON SPECIAL EDUCATION OF THE HOSTING SCHOOL DISTRICT AND THE
STUDENT'S SCHOOL DISTRICT OF RESIDENCE WHERE THAT IS DIFFERENT FROM THE
HOSTING SCHOOL DISTRICT;
A. 6165--A 5
12. THE CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE OF
STUDENTS ATTENDING THE REGIONAL HIGH SCHOOL, INCLUDING THE APPLICABLE
CODE OF CONDUCT AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS
TO THE BOARD OF EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOUR-
TEEN OF THIS CHAPTER;
13. THE CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE ESTAB-
LISHMENT AND OPERATION OF THE REGIONAL HIGH SCHOOL, INCLUDING THE
CURRENT AND EXPECTED STATE AID CHANGES, EXPENDITURES AND PROPERTY TAX
LEVIES;
14. THE CONTRACT SHALL SPECIFY THE PLAN AND PROCEDURES FOR PARTICIPAT-
ING DISTRICTS WITH REGARD TO THE ADMINISTRATIVE STRUCTURE AND STAFFING
PLANS OF EACH SUCH PARTICIPATING DISTRICT, TOGETHER WITH THE ADMINISTRA-
TIVE STRUCTURE AND STAFFING PLANS OF THE REGIONAL SCHOOL DISTRICT, AND
SUCH CONTRACT SHALL FURTHER CONTAIN PROVISIONS WHEREBY THE BOARDS OF THE
PARTICIPATING SCHOOL DISTRICTS, UPON A JOINT RESOLUTION ADOPTED BY A
MAJORITY VOTE OF EACH OF THE BOARDS OF THE PARTICIPATING DISTRICTS, AND
UPON THE APPROVAL OF THE COMMISSIONER, SHALL BE AUTHORIZED TO MAKE
AMENDMENTS TO THE CONTRACT, IN ORDER THAT THE REGIONAL HIGH SCHOOL SHALL
BE OPERATED EFFECTIVELY IN ACCORDANCE WITH THE INTENT OF THIS ARTICLE;
15. THE CONTRACT SHALL SPECIFY THAT EACH SCHOOL PRINCIPAL, ASSISTANT
PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER, NON-INSTRUCTIONAL EMPLOYEE AND
ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED IN THE EDUCATION OF SUCH
STUDENTS BY SUCH PARTICIPATING SCHOOL DISTRICT PRIOR TO THE TIME THAT
SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO THE REGIONAL HIGH
SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZATIONS REPRESENTING
THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME OF CREATION OF THE
REGIONAL HIGH SCHOOL UNTIL SUCH TIME AS A SUCCESSOR AGREEMENT HAS BEEN
NEGOTIATED, AND SHALL PROVIDE THAT THE DETERMINATION OF BARGAINING UNIT
STATUS AND REPRESENTATION RIGHTS SHALL BE IN ACCORDANCE WITH ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW AND THE RULES OF PROCEDURE OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF THE REGIONAL HIGH
SCHOOL THE SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
EES, TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL OTHER EMPLOYEES SHALL
REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT THE SENDING SCHOOL
DISTRICT TO WHICH THEY ARE SENT;
16. THE CONTRACT SHALL SPECIFY THAT THE REGIONAL HIGH SCHOOL SHALL BE
SOLELY RESPONSIBLE FOR THE IMPLEMENTATION AND COMPLETION OF ALL ACADEMIC
ACHIEVEMENT STANDARDS FOR THE STUDENTS OF PARTICIPATING SCHOOL
DISTRICTS; AND
17. THIS SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE RIGHTS OF
ANY OF SUCH SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
EES, TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS SECTION GRANTED BY
ANY OTHER PROVISION OF LAW.
18. FOR PURPOSES OF THIS ARTICLE THE "HOSTING DISTRICT" SHALL MEAN THE
SCHOOL DISTRICT WHICH OPERATES THE REGIONAL HIGH SCHOOL, A "SENDING
DISTRICT" SHALL MEAN A DISTRICT WHICH PARTICIPATES IN THE REGIONAL HIGH
SCHOOL BUT THAT DOES NOT OPERATE THE REGIONAL HIGH SCHOOL, AND A
"PARTICIPATING DISTRICT" SHALL MEAN A HOSTING DISTRICT OR A SENDING
DISTRICT.
S 2. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. INCENTIVE OPERATING AID FOR REGIONAL HIGH SCHOOLS. NOTWITHSTANDING
THE PROVISIONS OF PARAGRAPHS A THROUGH J OF THIS SUBDIVISION, WHENEVER
TWO OR MORE SCHOOL DISTRICTS ARE PARTIES TO AN AGREEMENT TO OPERATE A
REGIONAL HIGH SCHOOL PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER,
AND WHENEVER AFTER JULY FIRST, TWO THOUSAND FOURTEEN, ALL SUCH SCHOOL
A. 6165--A 6
DISTRICTS SO SCHEDULED DO ENTER INTO AN AGREEMENT TO OPERATE A REGIONAL
HIGH SCHOOL PURSUANT TO SUCH ARTICLE THIRTY-NINE-A, AND
(1) WHENEVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
LEAST TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN
HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE
ESTABLISHMENT OF THE REGIONAL HIGH SCHOOL, OR
(2) WHEREVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
LEAST ONE SCHOOL DISTRICT WHICH PREVIOUSLY MAINTAINED ITS OWN HIGH
SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE ESTAB-
LISHMENT OF THE REGIONAL HIGH SCHOOL, AND IN ADDITION THERETO, INCLUDES
AT LEAST ONE ADDITIONAL SCHOOL DISTRICT EMPLOYING EIGHT OR MORE TEACH-
ERS: IN EACH YEAR IN WHICH A SCHOOL DISTRICT IS PARTY TO SUCH AGREE-
MENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO FORTY
PERCENT OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS
OF PARAGRAPH D-1 OF THIS SUBDIVISION; BUT IN NO CASE SHALL THE SUM OF
SUCH APPORTIONMENT UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID
PER PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER CENTUM OF THE YEAR
PRIOR TO THE BASE YEAR APPROVED OPERATING EXPENSE. SCHOOL DISTRICTS
WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT BE ELIGI-
BLE FOR AN APPORTIONMENT UNDER PARAGRAPH C, F OR J OF THIS SUBDIVISION.
(3) NOT LESS THAN FIFTY PERCENT OF THE AID RECEIVED BY A SENDING
SCHOOL DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE USED TO IMPROVE ITS
GRADES PRE-KINDERGARTEN THROUGH EIGHT EDUCATIONAL PROGRAMS.
S 3. This act shall take effect immediately.