NY State Senate Bill 2013-S4795

Archive: Last Bill Status - In Senate Committee Education Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 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

Votes

- Apr 30, 2013 - Education Committee Vote
  S4795
  
  17
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Apr 30, 2013
      
      aye (17)
      
      Addabbo Jr.
      
      Breslin
      
      Farley
      
      Flanagan
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Stavisky
      
      Tkaczyk
      
      Valesky
      
      nay (1)
      
      Avella

Bill Amendments

Original

A (Active)

2013-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

2013-S4795 - Summary

Provides for the establishment of regional secondary schools.

2013-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.

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.

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

2013-S4795A (ACTIVE) - Summary

Provides for the establishment of regional secondary schools.

2013-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.

2013-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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Senate Bill S4795

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Apr 30, 2013 - Education Committee Vote

Education Committee Vote: Apr 30, 2013

Bill Amendments

2013-S4795 - Details

2013-S4795 - Summary

2013-S4795 - Sponsor Memo

2013-S4795 - Bill Text download pdf

2013-S4795A (ACTIVE) - Details

2013-S4795A (ACTIVE) - Summary

2013-S4795A (ACTIVE) - Sponsor Memo

2013-S4795A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4795

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2013-S4795 - Details

2013-S4795 - Summary

2013-S4795 - Sponsor Memo

2013-S4795 - Bill Text download pdf

2013-S4795A (ACTIVE) - Details

2013-S4795A (ACTIVE) - Summary

2013-S4795A (ACTIVE) - Sponsor Memo

2013-S4795A (ACTIVE) - Bill Text download pdf

Comments