Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 30, 2014 | print number 4795a |
Jan 30, 2014 | amend and recommit to education |
Jan 08, 2014 | referred to education |
Apr 30, 2013 | reported and committed to finance |
Apr 24, 2013 | referred to education |
senate Bill S4795
Provides for the establishment of regional secondary schools
Sponsored By
Catharine Young
(R, C, IP) 0 Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Apr 30, 2013 - Education committee Vote
S4795171committee17Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
S4795 - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Add Art 39-A §§1920 - 1924, amd §§1950 & 3602, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016: S3503
2017-2018: S846
2019-2020: S1004
S4795 - Sponsor Memo
BILL NUMBER:S4795 TITLE OF BILL: An act to amend the education law, in relation to regional secondary schools PURPOSE OR GENERAL IDEA OF BILL: Provides for the establishment of regional secondary schools to be operated by either a host school district, a newly formed school board entity or a BOCS, with input from an advisory board made up of participating school district representatives. SUMMARY OF SPECIFIC PROVISIONS: This bill would authorize two or more school districts to enter into a contract to operate a regional secondary school. Pursuant to this bill a regional secondary school could be operated by a hosting school district, a joint board of education or a board of cooperative educational services. To establish the regional secondary school, this bill would require a vote of the board of all participating school districts, the adoption of a regional referendum by the voters, and the establishment of a contract between participating districts, to operate the regional secondary school. Such operating contract would be required to be approved by the commissioner of education. This bill would further provide for a system of increased incentive aid for the regional secondary school, which would be provided for
three years, and then phased out over a ten year period. JUSTIFICATION: This bill has been requested by several school districts across the state that would like the opportunity to improve educational outcomes by sharing resources and opportunities on a regional basis. In many districts in New York-particularly in rural areas, schools have faced declining enrollment while standard operating costs and mandated and contractual expenses continue to rise. This bill would allow schools to consolidate resources, take advantage of regional resources and save taxpayers and school districts money. This bill would authorize school districts in the state, at local option, to enter into a regional high school operating agreement contract with at least one or more schools within their own BOCES supervisory district. This reorganization option is important because it can help schools maintain local identity because they ate so often the focal point of the community. This bill helps them do that while providing aid for them to actually strengthen lower grade levels, which will improve educational outcomes for all the students in the participating school districts. The New York State Rural Schools Association (RSA) has encouraged consideration of this option for several years. They work to help school districts address issues of declining enrollment and loss of tax base. They believe that some schools could benefit greatly from having a regional high school because they can enrich opportunities for secondary students by offering full curricular, co-curricular and interscholastic programs. RSA supports the approach of having a hosting district administer the programs because it keeps regional high schools within existing governance structures and does not create new layers of school governance. The New York State Board of Regents and the State Education Department have recently indicated their support of legislation to authorize regional high schools. Also, the Governor's Education Reform Task Force in their final recommendation report of November 2012, encouraged the Legislature to enact legislation authorizing regional high schools as an option for school reorganizations. Further, many education stakeholder groups also have endorsed the proposal given the fact that it has worked well in other states and would be a way to improve educational outcomes while helping schools deal with the increasingly higher costs of educating students in the state. PRIOR LEGISLATIVE HISTORY: This is a new bill. This proposal was previously advanced in the 2013-14 SFY Senate One-House Budget proposal (S.2607-C, Part A-2). FISCAL IMPLICATIONS: None. Cost savings will be realized by participating school districts. EFFECTIVE DATE: This act shall take effect July 1, 2013, 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, 2013.
S4795 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4795 2013-2014 Regular Sessions I N S E N A T E April 24, 2013 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to 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 most cost-effective and efficient, in order to sustain or enhance the quality of services to maintain or expand the scope of services offered to students. The legislature recognizes that many secondary 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 secondary 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. DEFINITIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10174-01-3
S. 4795 2 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF EDUCATION. 1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. S 1920. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "REGIONAL SECONDARY SCHOOL" SHALL MEAN A SECONDARY SCHOOL ESTABLISHED BY PARTICIPATING DISTRICTS WITHIN A REGION OF NEW YORK STATE. 2. THE TERM "SECONDARY SCHOOL" SHALL MEAN: A. A HIGH SCHOOL CONTAINING GRADES NINE THROUGH TWELVE; B. A JUNIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH EIGHT; C. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH TWELVE; D. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SEVEN THROUGH TWELVE; OR E. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES EIGHT THROUGH TWELVE. 3. THE TERM "REGION" SHALL MEAN THE COMBINED AREA OF ALL THE PARTIC- IPATING DISTRICTS THAT ESTABLISH A REGIONAL SECONDARY SCHOOL. 4. THE TERM "PARTICIPATING DISTRICT" SHALL MEAN AN ELIGIBLE SCHOOL DISTRICT WHOSE BOARD OF EDUCATION HAS ADOPTED A RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL WITH ONE OR MORE OTHER ELIGIBLE SCHOOL DISTRICTS. 5. THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN: A. A CITY SCHOOL DISTRICT, B. A CENTRAL SCHOOL DISTRICT, C. A UNION FREE SCHOOL DISTRICT, AND/OR D. A COMMON SCHOOL DISTRICT, WHICH IS ELIGIBLE TO ESTABLISH A REGIONAL SECONDARY SCHOOL. 6. THE TERM "HOSTING DISTRICT" SHALL MEAN THE PARTICIPATING DISTRICT WHICH HOSTS THE REGIONAL SECONDARY SCHOOL. 7. THE TERM "REGIONAL REFERENDUM" SHALL MEAN A REFERENDUM, PRESENTED SIMULTANEOUSLY ON THE BALLOT OF ALL THE PARTICIPATING DISTRICTS, AND DETERMINED BY A MAJORITY VOTE OF THE PARTICIPATING ELECTORS OF THE REGION COLLECTIVELY. 8. THE TERM "PROPOSED CONTRACT" SHALL MEAN THE CONTRACT ADOPTED BY ALL THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS FOR THE ESTAB- LISHMENT AND OPERATION OF THE REGIONAL SECONDARY SCHOOL. 9. THE TERM "GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL" SHALL MEAN THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL AS DESIGNATED BY THE PROPOSED CONTRACT. S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF EDUCATION. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION. 2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE ELIGIBLE SCHOOL DISTRICTS. 3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET FORTH WITHIN THIS SECTION. 4. A REGIONAL SECONDARY SCHOOL: A. SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, UNLESS: S. 4795 3 (I) UPON APPLICATION OF THE BOARDS OF EDUCATION SEEKING TO ESTABLISH A REGIONAL SECONDARY SCHOOL, THE COMMISSIONER AGREES TO WAIVE THIS REQUIREMENT; OR (II) THE PARTICIPATING SCHOOL DISTRICT IS A CENTRAL HIGH SCHOOL DISTRICT, WHICH SUBJECT TO APPROVAL OF ITS VOTERS, ENTERED INTO AN AGREEMENT WITH SCHOOL DISTRICTS OTHER THAN ITS COMPONENT SCHOOL DISTRICTS, THAT ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. B. SHALL NOT BE A COMPONENT SCHOOL DISTRICT OF A CENTRAL HIGH SCHOOL DISTRICT, OR A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER. 5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS. 6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC- IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL, EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF THIS ARTICLE. 7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL MAY BE OPERATED BY: A. ONE OF THE PARTICIPATING DISTRICTS, CONSTITUTING THE HOSTING DISTRICT, WHICH SHALL ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINISTRATION OF SUCH REGIONAL SECONDARY SCHOOL; OR B. A JOINT BOARD OF EDUCATION ESTABLISHED PURSUANT TO THIS SECTION. 8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC- IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS- ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL. B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI- CATE: (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS; (II) WHETHER THE SCHOOL WOULD BE GOVERNED BY A PROPOSED HOSTING DISTRICT OR A JOINT BOARD OF EDUCATION; (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL SECONDARY SCHOOL; (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL; (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY SCHOOL. C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL 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. 9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS. B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE PROPOSED PARTICIPATION DISTRICTS. C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO VOTES BE HELD IN ANY SCHOOL YEAR. 10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM, PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT- S. 4795 4 ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL. 11. 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 UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT. 12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA- TION OF THE REGIONAL SECONDARY SCHOOL. B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER. C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL 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. 13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS: A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL. B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS. C. THE PROPOSED CONTRACT SHALL ESTABLISH A GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL, THAT WILL OPERATE THE REGIONAL SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS: (I) THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DESIGNATED BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF EDUCATION OF THE HOSTING DISTRICT, OR A JOINT BOARD OF EDUCATION ESTABLISHED BY THE PARTICIPATING DISTRICTS. (II) IN THE EVENT THE PROPOSED CONTRACT DESIGNATES A JOINT BOARD OF EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL: (1) SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH NOT LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC- IPATING SCHOOL DISTRICT, AND WITH ANY REMAINING MEMBERS BEING JOINTLY APPOINTED BY THE BOARDS OF EDUCATION OF THE PARTICIPATING SCHOOL DISTRICTS COLLECTIVELY; (2) THE PROPOSED CONTRACT, CONSISTENT WITH THE PROVISIONS OF THIS SECTION, SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINTMENT OF THE JOINT BOARD MEMBERS; AND (3) THE JOINT 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 PROPOSED CONTRACT. (III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION 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 DESIG- NATED IN THE PROPOSED CONTRACT. S. 4795 5 (IV) THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL OF THE GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES. D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF- ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE REGIONAL SECONDARY SCHOOL HAVE BEEN MET. E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL. F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD- INGS AND/OR INFRASTRUCTURE. G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROPOSED 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 ACCORD- ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. I. THE PROPOSED CONTRACT SHALL SPECIFY: (I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS; (II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER; (III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS; AND (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY SCHOOL. J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS, INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE STUDENT PERFORMANCE. K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE RESOLVED AS FOLLOWS: (I) THAT 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, OR 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 PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT. (II) THAT IN THE EVENT THAT 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, AND TEACHER AIDES ELIGIBLE TO BE CONSID- ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES HAVING THE LEAST SENIORITY IN THE PARTICIPATING SCHOOL S. 4795 6 DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY BE, OF THE POSITION SHALL BE DISCONTINUED. (III) THAT 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 POSITION 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. (IV) THAT 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 CREDITED 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. (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST- ANTS AND TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER. (VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES 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, OR 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 PROPOSED CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACHING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXISTING RELEVANT SECTIONS OF THIS CHAPTER. L. THE PROPOSED 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 AMONGST THE PARTICIPATING DISTRICTS. M. THE PROPOSED 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. N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE REQUIREMENTS OF SECTION TWENTY-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. O. THE PROPOSED 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. P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE REGIONAL SECONDARY SCHOOL. S. 4795 7 Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES. R. THE PROPOSED 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 REPRE- SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT. S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER. 14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS. 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. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION. 2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE ELIGIBLE SCHOOL DISTRICTS. 3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET FORTH WITHIN THIS SECTION. 4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL SECONDARY SCHOOL. 5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS. 6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC- IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL, EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF THIS ARTICLE. 7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL HAVE SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS- TRATION OF SUCH REGIONAL SECONDARY SCHOOL. 8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC- IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS- ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL. B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI- CATE: (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS; (II) THAT THE REGIONAL SECONDARY SCHOOL SHALL BE OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES; (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL SECONDARY SCHOOL; (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL; S. 4795 8 (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY SCHOOL. C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL 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. 9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS. B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE PROPOSED PARTICIPATING DISTRICTS. C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT MAY MORE THAN TWO VOTES BE HELD IN ANY SCHOOL YEAR. 10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM, PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT- ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL. 11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL SECONDARY SCHOOL, AND UPON THE APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN THE REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF OPERATION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT. 12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA- TION OF THE REGIONAL SECONDARY SCHOOL. B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER. C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL SHALL BE AN INTERMUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. 13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS: A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL; B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS; C. THE PROPOSED CONTRACT SHALL ESTABLISH: (I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN- ING BOARD OF THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS; (II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN- ING BOARD OF THE REGIONAL SECONDARY SCHOOL, SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, S. 4795 9 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 PROPOSED CONTRACT; AND (III) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES; D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF- ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE REGIONAL SECONDARY SCHOOL HAVE BEEN MET; E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL; F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD- INGS AND/OR INFRASTRUCTURE; G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROPOSED 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 ACCORD- ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES; I. THE PROPOSED CONTRACT SHALL SPECIFY: (I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS; (II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER; (III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS; AND (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY SCHOOL; J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS, INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE STUDENT PERFORMANCE; K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE RESOLVED AS FOLLOWS: (I) THAT 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, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN THE PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT; (II) THAT IN THE EVENT THAT 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 S. 4795 10 TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES ELIGIBLE TO BE CONSID- ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, 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 DISCONTINUED; (III) THAT 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 POSITION 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; (IV) THAT 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 CREDITED IN SUCH PARTICIPATING SCHOOL DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES; (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST- ANTS, AND TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER; (VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES 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 IN AN EXISTING REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN THE PROPOSED CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH- ING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST- ING RELEVANT SECTIONS OF THIS CHAPTER. L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS; M. THE PROPOSED 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; N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE REQUIREMENTS OF SECTION TWENTY-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; O. THE PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND S. 4795 11 AN ITEMIZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT; P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE REGIONAL SECONDARY SCHOOL; Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES; R. THE PROPOSED 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 REPRE- SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT; AND S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER. 14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH 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 1923. 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- S. 4795 12 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 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 1924. 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 TWO OR MORE SCHOOL DISTRICTS ELIGIBLE TO ENTER INTO SUCH AN AGREEMENT IN ACCORDANCE WITH SECTION NINETEEN HUNDRED TWENTY-TWO 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 S. 4795 13 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 11, 12 and 13 to read as follows: (11) 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. (12) TO DEVELOP CORE CURRICULUM FOR STUDENTS ATTENDING A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE- TEEN HUNDRED TWENTY-TWO OF THIS TITLE. (13) TO ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE 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-TWO OF THIS TITLE, 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-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT SHALL BE AFFORDED AN OPPORTUNITY TO REVIEW AND COMMENT ON THE PROPOSED BUDGET PRIOR TO ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCA- TIONAL 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 G OF THIS SUBDI- VISION, FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO AN AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSU- ANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN 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 TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL OR JUNIOR 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 OR JUNIOR HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR JUNIOR HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN HIGH SCHOOL OR JUNIOR HIGH SCHOOL; (2) IN EACH OF THE FIRST THIRTEEN YEARS IN WHICH A SCHOOL DISTRICT IS PARTY TO SUCH AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPOR- S. 4795 14 TIONMENT EQUAL TO THE PRODUCT OF (I) THIRTY 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 OR SCHOOLS; PROVIDED FURTHER THAT SUCH DISTRICTS SHALL BE ELIGI- BLE TO RECEIVE AN ADDITIONAL APPORTIONMENT 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 OR SCHOOLS UPON MEETING ACADEMIC ACHIEVEMENT GOALS AS ESTABLISHED BY THE COMMISSIONER IN ACCORD- ANCE WITH A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSION- ER. IN NO CASE SHALL THE SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID PER PUPIL BE MORE THAN A TOTAL OF NINE- TY-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. (3) THE APPORTIONMENT THAT A SCHOOL DISTRICT SHALL BE ENTITLED TO RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED, AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE AMOUNT OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE SUCH APPORTIONMENT. S 7. This act shall take effect July 1, 2013, 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, 2013.
S4795A (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Add Art 39-A §§1920 - 1924, amd §§1950 & 3602, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016: S3503
2017-2018: S846
2019-2020: S1004
S4795A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4795A TITLE OF BILL: An act to amend the education law, in relation to regional secondary schools PURPOSE OR GENERAL IDEA OF BILL: Provides for the establishment of regional secondary schools to be operated by a host school district, a newly formed school board entity or a BOCES, with input from an advisory board made up of participating school district representatives. SUMMARY OF SPECIFIC PROVISIONS: Section 1 Provides legislative intent. Specifically, the legislature recognizes that many secondary 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 secondary schools may provide and 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 high school. Section 2 amends the education law by adding a new article 39-A. Section 1920 of the new article 39-A provides definitions. Section 1921 provides requirements for the establishment of a regional high school operated by a board of education. Under this section, a
regional secondary school may be established by two or more eligible school districts. The establishment of a regional secondary school is then subject to the approval of the commissioner. The regional school must be wholly contained within the supervisory district of a BOCES, unless otherwise provided. The school shall not be a component school district of a central high school district, or a special act school district. A regional secondary school shall serve all or some of the students in each of the participating districts in grades of a secondary school as determined by the agreement between the participating districts. Upon the establishment of a regional secondary school, each participat- ing district must cease operation of at least one secondary school. The host district, however, may continue to operate a secondary school as a regional secondary school. The regional secondary school may be operated by one of the participat- ing districts or a joint board of education, which shall assume the responsibility to operate, supervise and maintain the regional secondary school. To establish a regional secondary school, two or more participating school districts must adopt, by a majority vote of the board of educa- tion of each participating school district, a resolution proposing the establishment of a regional high school. The resolution must then 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 two or more school districts adopt such a resolution it must be presented in a regional referendum by means of a regional vote, before the electors of all of the proposed participating districts. Upon the approval of the voters in the regional referendum, the participating school district shall collectively enter into a proposed contract for the establishment of a regional secondary school. The proposed contract must provide the name of the regional secondary school and a term for the contract. It must also establish a governing board, designate the grade of instruction intended to be served, the site of the regional secondary school, and that each participating school district shall be responsible for providing or arranging for transportation to its resident students attending the regional secondary school. The proposed contract must also demonstrate how the regional secondary school will provide increased educational opportunities for students, including courses and programs in science, technology, engineering and math, to prepare students for college and career readiness and improve student performance. The contract must also resolve employment issues of the regional school district and specify whether employees of the regional secondary school shall establish new employee organizations for their representation or whether they shall become members of the applicable employee organiza- tions representing the employees of the hosting district. The proposed contract must also 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 amongst the participating districts. The proposed contract must also specify the costs of the regional secondary school, staffing, current and future capital construction plans and for the delivery of special education programs. It shall also specify the costs of the operation of the regional secondary school for each participating school district and an itemized listening of the cost savings for each participating school district and the fiscal impli- cations of the regional secondary school including expected state aid and expected changes in expenditures and property tax levies. It must also provide the procedures for discipline of students and how extracurricular activities and interscholastic athletics will be provided to students of the regional secondary school. Section 1922 provides for the establishment of a regional secondary school operated by a board of cooperative educational services. A regional secondary school may be established by two or more eligible school districts, and must also be approved by the commissioner. A regional high school established under this section must be wholly contained within the supervisory district of the board of cooperative educational services operating the regional secondary school. Upon the establishment of a regional secondary school, each participating district shall cease operation of at least one secondary school, except the hosting school, who may continue to operate a secondary school as a regional secondary school. Pursuant to this section, the regional high secondary school board of cooperative educational services must assume the responsibility to oper- ate, supervise and maintain the school. To establish a regional secondary school under this section, two or participating school districts must initially adopt, by majority vote of the board of education of each participating district, a resolution proposing the establishment of the regional secondary school. If two or more school districts adopt such a resolution it must then be presented in a regional referendum by means of a regional vote, before the electors of all of the proposed participating districts. Upon receipt of voter approval in the regional referendum, the partic- ipating school districts shall adopt, by a majority vote of the boards of education of each participating school district, a proposed contract fox the operation of the regional secondary school. The proposed contract shall provide the name of the regional school, the term of the proposed contract, that the board of cooperative educational services shall be the governing board of the regional secondary school and that they shall have responsibility for the operation, supervision and maintenance of the regional secondary school. The contract must also designate the grades of instruction intended to be served and the site of the regional secondary school. The contract must also establish that each participating school district is responsible fox providing 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. The proposed contract must demonstrate how the regional secondary school will provide increased educational opportunities for students, including courses and programs in science, technology, engineering and math, to prepare students for college and career readiness and improve student performance. The contract must also resolve employment issues in accordance with 1922(13) (k). The contract must also specify the costs of the regional secondary school, staffing, current and future capital construction plans and for the delivery of special education programs and shall also specify the costs of the operation of the regional secondary school for each partic- ipating school district and an itemized listing of the cost savings for each participating school district. It shall also specify the fiscal implications of the regional secondary school including expected state aid and expected changes in expenditures and property tax levies. It must also specify the procedures for discipline for students and how extracurricular activities and interscholastic athletics will be provided to students of the regional secondary school. The proposed contract must also specify whether the employees of the regional secondary school shall establish new employee organizations for their representation, or, whether they shall become members of the applicable employee organizations representing the employees of the hosting district. Section 1923 establishes that students attending a regional high second- ary school shall be deemed enrolled in their school district of resi- dence and shall be included in the applicable membership, enrollment and attendance counts of their respective school districts. Subsection (2) of section 1923 establishes the requirements for building aid. Subsection (3) concerns capital expenses. Section 1924 establishes a regional secondary school advisory committee and its meeting requirements. Section 3 amends subdivision 4 of section 1950 of the education law my adding a new paragraph oo which would allow BOCES to enter into an agreement to form a regional high school. Paragraph oo establishes that BOCES will have the same powers as the board of education of a union free school district, consistent with the terms of its agreement with the participating school districts. Section 4 amends paragraph h of subdivision 4 of section 1950 of the education law by adding three new subparagraphs 11, 12 and 13. Subparagraph 11 allows the regional high school to enter into contracts as necessary and convenient to operate a regional high school. Subparagraph 12 gives the regional high school power to develop core curriculum for students attending a regional high school. Subparagraph 13 grants the regional high school authority to issue high school diplomas. Section 5 amends paragraph b of subdivision 4 of section 1950 of the education law to provide that BOCES shall prepare and propose a tenta- tive budget of expenditures for program, administrative and capital costs to operate the regional high school. Section 6 amends subdivision 14 of section 3602 of the education law by adding a new paragraph k regarding transition incentive aid. Section 7 provides that this act shall take effect July 1, 2014, 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, 2014. JUSTIFICATION: This bill has been requested by several school districts across the state that would like the opportunity to improve educational outcomes by sharing resources and opportunities on a regional basis. In many districts in New York-particularly in rural areas, schools have faced declining enrollment while standard operating costs and mandated and contractual expenses continue to rise. This bill would allow schools to consolidate resources, take advantage of regional resources and save taxpayers and school districts money. This bill would authorize school districts in the state, at local option, to enter into a regional high school operating agreement contract with at least one or more schools within their own BOCES super- visory district. This reorganization option is important because it can help schools maintain local identity because they are so often the focal point of the community. This bill helps them do that while providing aid for them to actually strengthen lower grade levels, which will improve educational outcomes for all the students in the participating school districts. The New York State Rural Schools Association (RSA) has encouraged consideration of this option for several years. They work to help school districts address issues of declining enrollment and loss of tax base. They believe that some schools could benefit greatly from having a regional high school because they can enrich opportunities for secondary students by offering full curricular, co-curricular and interscholastic programs. RSA supports the approach of having a hosting district admin- ister the programs because it keeps regional high schools within exist- ing governance structures and does not create new layers of school governance. The New York State Board of Regents and the State Education Department have recently indicated their support of legislation to authorize regional high schools. Also, the Governor's Education Reform Task Force in their final recommendation report of November 2012, encouraged the Legislature to enact legislation authorizing regional high schools as an option for school reorganizations. Further, many education stakeholder groups also have endorsed the proposal given the fact that it has worked well in other states and would be a way to improve educational outcomes while helping schools deal with the increasingly higher costs of educat- ing students in the state. PRIOR LEGISLATIVE HISTORY: This is a new bill. This proposal was previ- ously advanced in the 2013-14 SFY Senate One-House Budget proposal (S.2607-C, Part A-2). FISCAL IMPLICATIONS: None. Cost savings will be realized by participat- ing school districts. EFFECTIVE DATE: This act shall take effect July 1, 2014, provided that if this act becomes a law after such date, it shall take effect imme- diately and be deemed to have been in full force and effect on and after July 1, 2014.
S4795A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4795--A 2013-2014 Regular Sessions I N S E N A T E April 24, 2013 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to 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 most cost-effective and efficient, in order to sustain or enhance the quality of services to maintain or expand the scope of services offered to students. The legislature recognizes that many secondary 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 secondary 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10174-02-4
S. 4795--A 2 ARTICLE 39-A REGIONAL SECONDARY SCHOOLS SECTION 1920. DEFINITIONS. 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF EDUCATION. 1922. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. S 1920. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. THE TERM "REGIONAL SECONDARY SCHOOL" SHALL MEAN A SECONDARY SCHOOL ESTABLISHED BY PARTICIPATING DISTRICTS WITHIN A REGION OF NEW YORK STATE. 2. THE TERM "SECONDARY SCHOOL" SHALL MEAN: A. A HIGH SCHOOL CONTAINING GRADES NINE THROUGH TWELVE; B. A JUNIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH EIGHT; C. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH TWELVE; D. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SEVEN THROUGH TWELVE; OR E. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES EIGHT THROUGH TWELVE. 3. THE TERM "REGION" SHALL MEAN THE COMBINED AREA OF ALL THE PARTIC- IPATING DISTRICTS THAT ESTABLISH A REGIONAL SECONDARY SCHOOL. 4. THE TERM "PARTICIPATING DISTRICT" SHALL MEAN AN ELIGIBLE SCHOOL DISTRICT WHOSE BOARD OF EDUCATION HAS ADOPTED A RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL WITH ONE OR MORE OTHER ELIGIBLE SCHOOL DISTRICTS. 5. THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN: A. A CITY SCHOOL DISTRICT, B. A CENTRAL SCHOOL DISTRICT, C. A UNION FREE SCHOOL DISTRICT, AND/OR D. A COMMON SCHOOL DISTRICT, WHICH IS ELIGIBLE TO ESTABLISH A REGIONAL SECONDARY SCHOOL. 6. THE TERM "HOSTING DISTRICT" SHALL MEAN THE PARTICIPATING DISTRICT WHICH HOSTS THE REGIONAL SECONDARY SCHOOL. 7. THE TERM "REGIONAL REFERENDUM" SHALL MEAN A REFERENDUM, PRESENTED SIMULTANEOUSLY ON THE BALLOT OF ALL THE PARTICIPATING DISTRICTS, AND DETERMINED BY A MAJORITY VOTE OF THE PARTICIPATING ELECTORS OF THE REGION COLLECTIVELY. 8. THE TERM "PROPOSED CONTRACT" SHALL MEAN THE CONTRACT ADOPTED BY ALL THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS FOR THE ESTAB- LISHMENT AND OPERATION OF THE REGIONAL SECONDARY SCHOOL. 9. THE TERM "GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL" SHALL MEAN THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL AS DESIGNATED BY THE PROPOSED CONTRACT. S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF EDUCATION. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION. 2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE ELIGIBLE SCHOOL DISTRICTS. 3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET FORTH WITHIN THIS SECTION. 4. A REGIONAL SECONDARY SCHOOL: S. 4795--A 3 A. SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, UNLESS: (I) UPON APPLICATION OF THE BOARDS OF EDUCATION SEEKING TO ESTABLISH A REGIONAL SECONDARY SCHOOL, THE COMMISSIONER AGREES TO WAIVE THIS REQUIREMENT; OR (II) THE PARTICIPATING SCHOOL DISTRICT IS A CENTRAL HIGH SCHOOL DISTRICT, WHICH SUBJECT TO APPROVAL OF ITS VOTERS, ENTERED INTO AN AGREEMENT WITH SCHOOL DISTRICTS OTHER THAN ITS COMPONENT SCHOOL DISTRICTS, THAT ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. B. SHALL NOT BE A COMPONENT SCHOOL DISTRICT OF A CENTRAL HIGH SCHOOL DISTRICT, OR A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER. 5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS. 6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC- IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL, EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF THIS ARTICLE. 7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL MAY BE OPERATED BY: A. ONE OF THE PARTICIPATING DISTRICTS, CONSTITUTING THE HOSTING DISTRICT, WHICH SHALL ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINISTRATION OF SUCH REGIONAL SECONDARY SCHOOL; OR B. A JOINT BOARD OF EDUCATION ESTABLISHED PURSUANT TO THIS SECTION. 8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC- IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS- ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL. B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI- CATE: (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS; (II) WHETHER THE SCHOOL WOULD BE GOVERNED BY A PROPOSED HOSTING DISTRICT OR A JOINT BOARD OF EDUCATION; (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL SECONDARY SCHOOL; (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL; (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY SCHOOL. C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL 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. 9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS. B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE PROPOSED PARTICIPATION DISTRICTS. C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO VOTES BE HELD IN ANY SCHOOL YEAR. S. 4795--A 4 10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM, PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT- ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL. 11. 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 UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT. 12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA- TION OF THE REGIONAL SECONDARY SCHOOL. B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER. C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL 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. 13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS: A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL. B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS. C. THE PROPOSED CONTRACT SHALL ESTABLISH A GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL, THAT WILL OPERATE THE REGIONAL SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS: (I) THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DESIGNATED BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF EDUCATION OF THE HOSTING DISTRICT, OR A JOINT BOARD OF EDUCATION ESTABLISHED BY THE PARTICIPATING DISTRICTS. (II) IN THE EVENT THE PROPOSED CONTRACT DESIGNATES A JOINT BOARD OF EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL: (1) SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH NOT LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC- IPATING SCHOOL DISTRICT, AND WITH ANY REMAINING MEMBERS BEING JOINTLY APPOINTED BY THE BOARDS OF EDUCATION OF THE PARTICIPATING SCHOOL DISTRICTS COLLECTIVELY; (2) THE PROPOSED CONTRACT, CONSISTENT WITH THE PROVISIONS OF THIS SECTION, SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINTMENT OF THE JOINT BOARD MEMBERS; AND (3) THE JOINT 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 PROPOSED CONTRACT. (III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL, INCLUDING THE CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS FOR ALL S. 4795--A 5 STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE DESIG- NATED IN THE PROPOSED CONTRACT. (IV) THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL OF THE GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES. D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF- ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE REGIONAL SECONDARY SCHOOL HAVE BEEN MET. E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL. F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD- INGS AND/OR INFRASTRUCTURE. G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROPOSED 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 ACCORD- ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. I. THE PROPOSED CONTRACT SHALL SPECIFY: (I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS; (II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER; (III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS; AND (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY SCHOOL. J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS, INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE STUDENT PERFORMANCE. K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE RESOLVED AS FOLLOWS: (I) THAT 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, OR 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 PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT. (II) THAT IN THE EVENT THAT 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, AND TEACHER AIDES ELIGIBLE TO BE CONSID- ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL S. 4795--A 6 SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, 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 DISCONTINUED. (III) THAT 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 POSITION 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. (IV) THAT 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 CREDITED 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. (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST- ANTS AND TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER. (VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES 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, OR 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 PROPOSED CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACHING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXISTING RELEVANT SECTIONS OF THIS CHAPTER. L. THE PROPOSED 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 AMONGST THE PARTICIPATING DISTRICTS. M. THE PROPOSED 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. N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE REQUIREMENTS OF SECTION TWENTY-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. O. THE PROPOSED 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. S. 4795--A 7 P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE REGIONAL SECONDARY SCHOOL. Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES. R. THE PROPOSED 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 REPRE- SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT. S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER. 14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF EDUCATION OF THE PARTICIPATING DISTRICTS. 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. ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION. 2. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED BY TWO OR MORE ELIGIBLE SCHOOL DISTRICTS. 3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET FORTH WITHIN THIS SECTION. 4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL SECONDARY SCHOOL. 5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS. 6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC- IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL, EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE TO OPERATE A SECONDARY SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF THIS ARTICLE. 7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL HAVE SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES ASSUME THE RESPONSIBILITY TO OPERATE, SUPERVISE AND MAINTAIN THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS- TRATION OF SUCH REGIONAL SECONDARY SCHOOL. 8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO OR MORE PARTIC- IPATING SCHOOL DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION PROPOS- ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL. B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI- CATE: (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS; (II) THAT THE REGIONAL SECONDARY SCHOOL SHALL BE OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES; S. 4795--A 8 (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL SECONDARY SCHOOL; (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL; (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY SCHOOL. C. THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL 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. 9. A. IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS. B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE OF THE PARTICIPATING ELECTORS IN THE REGION ENCOMPASSING ALL OF THE PROPOSED PARTICIPATING DISTRICTS. C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT MAY MORE THAN TWO VOTES BE HELD IN ANY SCHOOL YEAR. 10. UPON THE APPROVAL OF THE VOTERS IN THE REGIONAL REFERENDUM, PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT- ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL. 11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL SECONDARY SCHOOL, AND UPON THE APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN THE REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF OPERATION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT. 12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA- TION OF THE REGIONAL SECONDARY SCHOOL. B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER. C. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL SHALL BE AN INTERMUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. 13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY SCHOOL, AND THE REGIONAL SECONDARY SCHOOL THAT WOULD BE ESTABLISHED THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS: A. THE PROPOSED CONTRACT SHALL PROVIDE THE NAME OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL; B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS; C. THE PROPOSED CONTRACT SHALL ESTABLISH: (I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN- ING BOARD OF THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS; S. 4795--A 9 (II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN- ING BOARD OF THE REGIONAL SECONDARY SCHOOL, SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION 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 PROPOSED CONTRACT; AND (III) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED A SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES; D. THE PROPOSED CONTRACT MAY PROVIDE THAT THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE MAY ISSUE THE STUDENT'S DIPLOMA, UPON CERTIF- ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE REGIONAL SECONDARY SCHOOL HAVE BEEN MET; E. THE PROPOSED CONTRACT SHALL DESIGNATE THE GRADES OF INSTRUCTION INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL; F. THE PROPOSED CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD- INGS AND/OR INFRASTRUCTURE; G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROPOSED 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 ACCORD- ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM MILEAGE LIMITATION. H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT LIMITED TO A CONTRACT WITH ONE OR MORE PARTICIPATING DISTRICTS OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES; I. THE PROPOSED CONTRACT SHALL SPECIFY: (I) THAT THE STUDENTS OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN ENROLLED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS; (II) THAT THE STUDENTS SHALL BE TREATED AND COUNTED AS STUDENTS OF THEIR RESPECTIVE PARTICIPATING SCHOOL DISTRICTS FOR PURPOSES OF ALL STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER; (III) THE CURRENT ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS; AND (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY SCHOOL; J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY SCHOOL WILL PROVIDE INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS, INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE STUDENT PERFORMANCE; K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE RESOLVED AS FOLLOWS: (I) THAT 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, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN S. 4795--A 10 THE PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT; (II) THAT IN THE EVENT THAT 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 AND TEACHER AIDES ELIGIBLE TO BE CONSID- ERED EMPLOYEES OF THE DESIGNATED GOVERNING BOARD OF SUCH REGIONAL SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, 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 DISCONTINUED; (III) THAT 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 POSITION 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; (IV) THAT 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 CREDITED IN SUCH PARTICIPATING SCHOOL DISTRICT PRIOR TO ITS PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL SHALL BE CREDITED AS EMPLOYMENT TIME WITH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES; (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST- ANTS, AND TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS IN THE PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROGRAM BY SUCH SCHOOL DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER; (VI) THAT ALL SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES 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 IN AN EXISTING REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN THE PROPOSED CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH- ING ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST- ING RELEVANT SECTIONS OF THIS CHAPTER. L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS; M. THE PROPOSED 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; N. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE OF STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL, INCLUDING THE APPLICABLE CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS TO THE BOARD OF S. 4795--A 11 EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP- TER; O. THE PROPOSED 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; P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES AND INTERSCHOLASTIC ATHLETICS WILL BE PROVIDED TO STUDENTS OF THE REGIONAL SECONDARY SCHOOL; Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE REGIONAL SECONDARY SCHOOL INCLUDING EXPECTED STATE AID AND EXPECTED CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES; R. THE PROPOSED 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 REPRE- SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT; AND S. THE PROPOSED CONTRACT SHALL SET FORTH ANY OTHER INFORMATION OR ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER. 14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH 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 1923. 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 S. 4795--A 12 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-ONE OR NINETEEN HUNDRED TWENTY-TWO OF THIS ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID PURSUANT 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 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 1924. 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 TWO OR MORE SCHOOL DISTRICTS ELIGIBLE TO ENTER INTO SUCH AN AGREEMENT IN ACCORDANCE WITH SECTION NINETEEN HUNDRED TWENTY-TWO 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 S. 4795--A 13 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 12, 13 and 14 to read as follows: (12) 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. (13) TO DEVELOP CORE CURRICULUM FOR STUDENTS ATTENDING A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE- TEEN HUNDRED TWENTY-TWO OF THIS TITLE. (14) TO ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE 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-TWO OF THIS TITLE, 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-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT SHALL BE AFFORDED AN OPPORTUNITY TO REVIEW AND COMMENT ON THE PROPOSED BUDGET PRIOR TO ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCA- TIONAL 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 G OF THIS SUBDI- VISION, FOR AID PAYABLE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO AN AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSU- ANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER JULY FIRST, TWO THOUSAND FOURTEEN 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 TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL OR JUNIOR 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 OR JUNIOR HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR JUNIOR HIGH SCHOOL FOLLOWING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL S. 4795--A 14 DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN HIGH SCHOOL OR JUNIOR HIGH SCHOOL; (2) IN EACH OF THE FIRST THIRTEEN 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) THIRTY 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 OR SCHOOLS; PROVIDED FURTHER THAT SUCH DISTRICTS SHALL BE ELIGI- BLE TO RECEIVE AN ADDITIONAL APPORTIONMENT 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 OR SCHOOLS UPON MEETING ACADEMIC ACHIEVEMENT GOALS AS ESTABLISHED BY THE COMMISSIONER IN ACCORD- ANCE WITH A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSION- ER. IN NO CASE SHALL THE SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID PER PUPIL BE MORE THAN A TOTAL OF NINE- TY-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. (3) THE APPORTIONMENT THAT A SCHOOL DISTRICT SHALL BE ENTITLED TO RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED, AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE AMOUNT OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE SUCH APPORTIONMENT. S 7. This act shall take effect July 1, 2014, 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, 2014.
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