NY State Senate Bill 2019-S953

Senate Bill S953

2019-2020 Legislative Session

Authorizes two or more school districts in certain supervisory districts to enter into a contract to establish and operate a regional high school

download bill text pdf

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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Jan 09, 2019	referred to education

2019-S953 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 39-A §1920, amd §3602, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5184
2013-2014: S3778
2015-2016: S3416
2017-2018: S3938

2019-S953 (ACTIVE) - Summary

Authorizes two or more school districts in certain supervisory districts to enter into a contract to establish and operate a regional high school.

2019-S953 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S953

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the education law, in relation to authorizing the estab-
lishment of regional high schools in certain supervisory districts

 
PURPOSE OR GENERAL IDEA OF BILL:

Would authorize two or more school districts in certain counties to
enter into a contract to establish and operate a regional high school.

 
SUMMARY OF SPECIFIC PROVISIONS:

The Education Law is amended by adding a new article 39-A with Sections
1920 and 1921.

Section 1920: authorizes two or more school districts that are wholly
contained within the same BOCES district in Allegany County, Cattaraugus
County or Chautauqua County in the Cattaraugus-Allegany-Erie-Wyoming

BOCES, Erie 2 Chautauqua-Cattaraugus BOCES or the Greater Southern Tier
BOCES to enter into a contract to allow a hosting school district to
operate a regional high school, subject to approval by the Commissioner.

The bill provides that in order for school districts to form a regional
high school, school boards must first vote to give the school authority
to formally pursue the formation of a regional high school by proposing
a contract for its operation. Then, there must be a public meeting not
less than thirty days in advance of a public vote to be held on the
proposed resolution to form a regional high school contract. The public
must then approve the resolution by an aggregate majority vote of all
voters from all school districts considering the question of whether or
not to form a regional high school.

Next, the participating school districts must finalize and submit the
contract to the Commissioner of Education for approval. The final step
to form the regional high school is for the Commissioner to certify that
the regional high school will expand and improve the educational
services to students and can result in administrative efficiencies. Once
the Commissioner has approved the contract, the new regional high school
is formed as a legal entity.

The contract shall be for a minimum of five years and with the approval
of the Commissioner may be renewed by mutual agreement of the respective
boards of education. In the case of unforeseen circumstances, the
contract may be modified with the consent of the majority of each of the
school boards and the approval of the commissioner.

The contract shall also stipulate the manner of transportation of the
students and that the cost shall be charged to the student's district of
residence. The regional high school shall also operate its own extracur-
ricular activities and athletics, except in the case of modified athlet-
ic teams, mixed grade music and band programs and joint grade extracur-
ricular programs.

Students of the regional high school shall be deemed to be enrolled in
the regional high school except for purposes of state aid, in which case

their attendance and enrollment shall be treated and counted as part of
their participating district.

The contract shall also include information on the regional high
school's fiscal plans, staffing plans, special education plans, student
disciplinary procedure plans, building plans, transportation plans,
curriculum plans and projections on cost-savings, student enrollment,
state aid changes, expenditures and local tax effort.

The contract shall provide that school principals, assistant principals,
other supervisory personnel, teachers and other staff members of the
participating school districts, except the superintendent whose services
in the participating school districts are no longer needed, shall be
granted employment rights in the host school district in the same manner
as is provided in sections 3014-a and 3014-b of the education law.

The contract shall provide that all teachers and other staff members of
the participating school districts, except the superintendent of schools
whose services are no longer needed because of the creation of a
regional high school, or the transference of students to an existing
regional high school, shall be granted employments rights in the host
school district. Teachers and all other employees previously employed by
participating districts would assume the host district contract until
such time as a new employee contract has been negotiated. Teacher and
employee transfer and seniority rights shall be recognized in accordance
with current state education and civil service law.

The contract shall state what the governance plan for participating
district school administrations shall be after the regional high school
is formed. The contract shall also specify that the regional high school
shall be solely responsible for the implementation and completion of all
academic achievement standards for the students of participating school
districts. The regional high school shall be responsible for the evalu-
ation, grading and academic performance of students and diplomas shall
be awarded by the Regional High School.

Section two of the bill adds a new paragraph to Subdivision 14 of
Section 3602 of the education law regarding regional high school incen-
tive aid. This section provides that each school district would get
regional high school incentive aid in addition to their normal founda-
tion aid for each student they are sending to the regional high school.
The incentive aid piece in the bill provides for 40% of the normal reor-
ganization incentive aid as already laid out in state education law.
There is a stipulation to the regional high school incentive aid, that
of the regional high school incentive aid each participating school
would be required to use 50% percent of that to improve pre-K-8
programs.

The effective date is provided in section three of the bill.

 
JUSTIFICATION:

This bill has been requested by several school districts that would like
the opportunity to share resources and improve educational outcomes.

In many districts in upstate 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.

The New York State Rural Schools Association has encouraged consider-
ation 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 regional high schools can enrich opportunities for
secondary students by offering full curricular, co-curricular and inter-
scholastic programs. They support 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.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.3938-A Amend and Recommit to Education
2017: S.3938 Referred to Education
2016: S.3416A Referred to Education
2015: S.3416 Referred to Education
2014: S.3778A/A.6165A Amend and Recommit to Education
2013: S.3778A/A.6165 Passed the Senate
2011,2012: S.5184C/A.80028 Passed the Senate

 
FISCAL IMPLICATIONS:

None. Cost savings will be realized by participating school districts.

 
EFFECTIVE DATE:
The bill takes effect immediately.

2019-S953 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    953
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 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 authorizing the estab-
   lishment of regional high schools in certain supervisory districts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new article 39-A
 to read as follows:
                               ARTICLE 39-A
                           REGIONAL HIGH SCHOOLS
 SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
   § 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. THE  ESTABLISHMENT  OF  A
 REGIONAL  HIGH  SCHOOL  SHALL BE COMMENCED UPON THE ADOPTION OF A RESOL-
 UTION PROPOSING THE ESTABLISHMENT OF SUCH A  HIGH  SCHOOL,  BY  MAJORITY
 VOTE,  OF  EACH  OF  THE  BOARDS  OF  EDUCATION  OF  TWO  OR MORE SCHOOL
 DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
 OF LESS THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  CENTRAL
 SCHOOL  DISTRICTS,  UNION  FREE  SCHOOL  DISTRICTS  AND/OR COMMON SCHOOL
 DISTRICTS, PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY  CONTAINED
 WITHIN THE CATTARAUGUS-ALLEGANY-ERIE-WYOMING BOARD OF COOPERATIVE EDUCA-
 TIONAL  SERVICES SUPERVISORY DISTRICT, THE ERIE 2 CHAUTAUQUA-CATTARAUGUS
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT,  OR  THE
 GREATER SOUTHERN TIER BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVI-
 SORY  DISTRICT. THEREAFTER, IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A
 RESOLUTION, THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PROPOSING  TO
 ESTABLISH  THE  REGIONAL  HIGH  SCHOOL  SHALL, NOT LESS THAN THIRTY DAYS
 PRIOR TO ANY VOTE OF ITS ELECTORS UPON THE RESOLUTION, CONDUCT A MEETING
 OPEN TO THE PUBLIC UPON THE TERMS AND CONDITIONS OF SUCH RESOLUTION. THE
 ADOPTION OF THE RESOLUTION FOR THE  ESTABLISHMENT  OF  A  REGIONAL  HIGH
 SCHOOL  SHALL  BE  SUBJECT TO APPROVAL THEREOF, BY MAJORITY VOTE, OF ALL
 ELECTORS OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A REGIONAL  HIGH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04142-01-9

 S. 953                              2
 
 SCHOOL,  SUCH  ELECTION  BEING CONDUCTED WITHIN EACH SCHOOL DISTRICT AND
 THE VOTES THEREIN BEING COMPILED AT A CENTRAL LOCATION  BY  A  BOARD  OF
 CANVASS ESTABLISHED BY THE BOARDS OF EDUCATION OF SUCH SCHOOL DISTRICTS.
 UPON  APPROVAL  BY  THE  ELECTORS  OF THE SCHOOL DISTRICTS THE BOARDS OF
 EDUCATION OF SUCH SCHOOL DISTRICTS SHALL JOINTLY  ESTABLISH  A  PROPOSED
 CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL. UPON ESTABLISHMENT
 OF A PROPOSED CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL, SUCH
 CONTRACT SHALL BE SUBMITTED TO THE COMMISSIONER. EVERY PROPOSED CONTRACT
 FOR  A  REGIONAL HIGH SCHOOL SHALL BE SUBJECT TO APPROVAL BY THE COMMIS-
 SIONER WHO SHALL, AS A CONDITION OF  SUCH  APPROVAL,  CERTIFY  THAT  THE
 CREATION  OF  A  REGIONAL HIGH SCHOOL WILL EXPAND AND IMPROVE THE EDUCA-
 TIONAL SERVICES AVAILABLE TO ALL STUDENTS OF SUCH HIGH SCHOOL  AND  THAT
 IT  CAN  RESULT  IN  ADMINISTRATIVE  EFFICIENCIES  FOR ALL PARTICIPATING
 DISTRICTS. IF THE  COMMISSIONER  APPROVES  THE  PROPOSED  CONTRACT,  THE
 REGIONAL  HIGH  SCHOOL  SHALL BE DEEMED TO HAVE BEEN ESTABLISHED, EXCEPT
 THAT NOTHING IN THIS SECTION SHALL PREVENT THE HIGH SCHOOL  WHICH  WOULD
 SERVE AS THE HOST OF THE REGIONAL HIGH SCHOOL SO ESTABLISHED TO CONTINUE
 TO OPERATE AS A LEGAL ENTITY UNTIL THE END OF THE SCHOOL YEAR. EXCEPT AS
 OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS OF THIS CHAPTER AS TO
 THE  COURSES  OF  STUDY,  THE QUALIFICATIONS AND EMPLOYMENT OF TEACHERS,
 NON-INSTRUCTIONAL  EMPLOYEES  AND  OTHER  STAFF,  AND  THE  MAINTENANCE,
 CONDUCT  AND  SUPERVISION  OF PUBLIC SCHOOLS IN CENTRAL SCHOOL DISTRICTS
 SHALL APPLY TO A REGIONAL HIGH SCHOOL. EVERY REGIONAL  HIGH  SCHOOL  AND
 THE CONTRACT THEREFOR SHALL MEET THE FOLLOWING REQUIREMENTS:
   1.  THE  CONTRACT  SHALL  BE FOR A PERIOD OF NOT LESS THAN FIVE SCHOOL
 YEARS AND, WITH THE APPROVAL OF THE  COMMISSIONER,  MAY  BE  RENEWED  BY
 MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
   2.  THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF
 JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
 SCHOOL YEAR;
   3. THE CONTRACT SHALL STATE THAT THE  REGIONAL  HIGH  SCHOOL  WILL  BE
 OPERATED  BY  ONE  OF  THE  PARTICIPATING  SCHOOL DISTRICTS, HEREINAFTER
 REFERRED TO IN THIS ARTICLE AS THE "HOSTING SCHOOL DISTRICT";
   4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
 PARTICIPATING SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL  HIGH
 SCHOOL,  AND  THE  COST OF SUCH TRANSPORTATION SHALL BE A CHARGE AGAINST
 EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
 AS TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED  THIR-
 TY-FIVE OF THIS CHAPTER;
   5.  IF  THE  REGIONAL  HIGH  SCHOOL  IS  OPERATED  BY A HOSTING SCHOOL
 DISTRICT, THE REGIONAL HIGH SCHOOL  AND  THE  CONTRACT  SHALL  MEET  THE
 FOLLOWING REQUIREMENTS:
   A.  THE CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL HIGH SCHOOL,
 WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING  SCHOOL
 DISTRICTS.  THE  HOSTING  SCHOOL  DISTRICT AND THE BOARD OF EDUCATION OF
 SUCH SCHOOL DISTRICT SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPER-
 VISION AND MAINTENANCE OF THE REGIONAL HIGH SCHOOL, AS SHALL  BE  DESIG-
 NATED IN THE CONTRACT,
   B.  THE CONTRACT SHALL SPECIFY THAT THE STUDENTS RECEIVING INSTRUCTION
 FROM THE REGIONAL HIGH SCHOOL SHALL BE DEEMED  TO  BE  ENROLLED  IN  THE
 REGIONAL  HIGH  SCHOOL,  EXCEPT  TO THE EXTENT THAT THEIR ENROLLMENT AND
 ATTENDANCE SHALL BE INCLUDED IN THE ENROLLMENT AND ATTENDANCE COUNTS  OF
 THE  PARTICIPATING  DISTRICTS  FOR  THE  PURPOSES OF STATE AID, AND THEY
 SHALL BE TREATED AND COUNTED AS SUCH  FOR  PURPOSES  OF  ALL  STATE  AID
 CALCULATIONS PURSUANT TO THIS CHAPTER,

 S. 953                              3
 
   C.  THE  REGIONAL  HIGH  SCHOOL  SHALL OPERATE ITS OWN EXTRACURRICULAR
 ACTIVITIES AND INTERSCHOLASTIC ATHLETICS AND THE STUDENTS ATTENDING SUCH
 REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES
 AND ATHLETICS AND SHALL NOT BE ELIGIBLE TO PARTICIPATE  IN  SUCH  ACTIV-
 ITIES  AND  ATHLETICS  OF THEIR PARTICIPATING SCHOOL DISTRICT, EXCEPT TO
 THE EXTENT THAT IF THE ACTIVITIES OR ATHLETICS  OF  THEIR  PARTICIPATING
 DISTRICT  ARE  DESIGNED  OR  INTENDED TO ACCOMMODATE JOINT PARTICIPATION
 BETWEEN STUDENTS FROM  THE  JUNIOR  HIGH  SCHOOL  OF  THE  PARTICIPATING
 DISTRICT  AND  THE  REGIONAL  HIGH SCHOOL INCLUDING, BUT NOT LIMITED TO,
 MODIFIED ATHLETIC TEAMS, MIXED GRADE MUSIC AND BAND PROGRAMS, AND  JOINT
 GRADE  EXTRA-CURRICULAR  PROGRAMS,  THEN  THE STUDENTS FROM THE REGIONAL
 HIGH SCHOOL MAY JOINTLY PARTICIPATE IN SUCH ACTIVITIES OR  ATHLETICS  IN
 THEIR PARTICIPATING SCHOOL DISTRICT,
   D.  THE  REGIONAL  HIGH SCHOOL SHALL BE RESPONSIBLE FOR THE EVALUATION
 AND GRADING OF THE ACADEMIC PERFORMANCE OF ALL  STUDENTS  ATTENDING  THE
 REGIONAL HIGH SCHOOL, AND SHALL AWARD STUDENTS THEIR DIPLOMAS UPON GRAD-
 UATION,
   E.  THE  CONTRACT  SHALL PROVIDE THAT ALL SCHOOL PRINCIPALS, ASSISTANT
 PRINCIPALS, OTHER  SUPERVISORY  EMPLOYEES,  TEACHERS,  NON-INSTRUCTIONAL
 EMPLOYEES AND OTHER STAFF MEMBERS OF THE PARTICIPATING SCHOOL DISTRICTS,
 EXCEPT  THE SUPERINTENDENT OF SCHOOLS, WHOSE SERVICES IN THE PARTICIPAT-
 ING SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE CREATION  OF  A
 REGIONAL  HIGH  SCHOOL  OR  THE  TRANSFERENCE OF STUDENTS TO AN EXISTING
 REGIONAL HIGH SCHOOL, SHALL BE GRANTED EMPLOYMENT  RIGHTS  IN  THE  HOST
 SCHOOL  DISTRICT  IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
 AND IN THE SAME MANNER AS IS PROVIDED IN SECTIONS THREE  THOUSAND  FOUR-
 TEEN-A AND THREE THOUSAND FOURTEEN-B OF THIS CHAPTER,
   F. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
 TO  A  REGIONAL  HIGH SCHOOL OPERATED BY A HOSTING SCHOOL DISTRICT, EACH
 SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL,  SUPERVISORY  EMPLOYEE,  TEACHER,
 NON-INSTRUCTIONAL  EMPLOYEE  AND ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED
 IN THE EDUCATION OF SUCH STUDENTS BY SUCH PARTICIPATING SCHOOL  DISTRICT
 PRIOR TO THE TIME THAT SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO
 THE  REGIONAL HIGH SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZA-
 TIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME  OF
 CREATION  OF  THE  REGIONAL  HIGH  SCHOOL UNTIL SUCH TIME AS A SUCCESSOR
 AGREEMENT HAS BEEN NEGOTIATED, AND SHALL PROVIDE THAT THE  DETERMINATION
 OF  BARGAINING UNIT STATUS AND REPRESENTATION RIGHTS SHALL BE IN ACCORD-
 ANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW  AND  THE  RULES  OF
 PROCEDURE  OF THE PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF
 THE REGIONAL HIGH SCHOOL THE SCHOOL  PRINCIPALS,  ASSISTANT  PRINCIPALS,
 SUPERVISORY  EMPLOYEES,  TEACHERS,  NON-INSTRUCTIONAL  EMPLOYEES AND ALL
 OTHER EMPLOYEES SHALL REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT
 THE SENDING SCHOOL DISTRICT TO WHICH THEY ARE SENT. FOR PURPOSES OF THIS
 SECTION, WHEN A PARTICIPATING SCHOOL DISTRICT TAKES BACK  STUDENTS  THAT
 IT  SENT  TO ANOTHER DISTRICT ON A TUITION BASIS AND SENDS SUCH STUDENTS
 TO A REGIONAL HIGH SCHOOL OPERATED PURSUANT TO THIS ARTICLE, THE HOSTING
 SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL SHALL BE DEEMED  TO  BE  THE
 SENDING  DISTRICT FOR PURPOSES OF THE RIGHTS AND PROTECTIONS PROVIDED IN
 SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER AND/OR ARTICLE FIVE OF
 THE CIVIL SERVICE LAW,
   G. IF THE NUMBER OF SUPERVISORY, TEACHING, NON-INSTRUCTIONAL AND OTHER
 POSITIONS NEEDED TO PROVIDE  THE  EDUCATIONAL  SERVICES  REQUIRED  BY  A
 REGIONAL  HIGH  SCHOOL  IS  LESS  THAN  THE NUMBER OF SCHOOL PRINCIPALS,
 ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
 EMPLOYEES AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF THE

 S. 953                              4
 
 HOSTING SCHOOL DISTRICT OF SUCH REGIONAL  HIGH  SCHOOL  AS  PROVIDED  BY
 PARAGRAPH  F OF THIS SUBDIVISION, THE SERVICES OF THE SCHOOL PRINCIPALS,
 ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
 EMPLOYEES  AND OTHER EMPLOYEES HAVING THE LEAST SENIORITY IN THE PARTIC-
 IPATING SCHOOL DISTRICTS WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS,
 AS THE CASE MAY BE, OF THE POSITION SHALL BE DISCONTINUED.  SUCH  SCHOOL
 PRINCIPALS,  ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-
 INSTRUCTIONAL EMPLOYEES  AND  OTHER  EMPLOYEES  SHALL  BE  PLACED  ON  A
 PREFERRED  ELIGIBLE LIST OF CANDIDATES FOR APPOINTMENT TO A VACANCY THAT
 MAY THEREAFTER OCCUR IN AN OFFICE OR POSITION UNDER THE JURISDICTION  OF
 THE  PARTICIPATING  SCHOOL DISTRICT, THE "RECEIVING DISTRICT" AS DEFINED
 IN SECTION THREE THOUSAND FOURTEEN-C  OF  THIS  CHAPTER,  FROM  WHICH  A
 PARTICIPATING  SCHOOL  DISTRICT HAS TAKEN BACK STUDENTS, AND THE HOSTING
 SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL  SIMILAR  TO  THE  ONE  SUCH
 SCHOOL  PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER OR
 OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT.   THE  SCHOOL  PRINCI-
 PALS,  ASSISTANT  PRINCIPALS,  SUPERVISORY  EMPLOYEES, TEACHERS, NON-IN-
 STRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES ON SUCH PREFERRED LISTS  SHALL
 BE  REINSTATED  OR  APPOINTED TO SUCH VACANCIES IN SUCH CORRESPONDING OR
 SIMILAR POSITIONS UNDER THE JURISDICTION  OF  THE  PARTICIPATING  SCHOOL
 DISTRICT  OR  THE HOSTING SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL IN
 THE ORDER OF THEIR  LENGTH  OF  SERVICE  IN  SUCH  PARTICIPATING  SCHOOL
 DISTRICT,  WITHIN  SEVEN  YEARS  FROM  THE  DATE OF THE PLACEMENT OF THE
 EMPLOYEE ON SAID LIST, AND
   H. FOR ANY SUCH SCHOOL  PRINCIPAL,  ASSISTANT  PRINCIPAL,  SUPERVISORY
 EMPLOYEE,  TEACHER,  NON-INSTRUCTIONAL  EMPLOYEE  OR  OTHER  EMPLOYEE AS
 DESCRIBED IN PARAGRAPHS E AND F OF THIS SUBDIVISION,  FOR  SALARY,  SICK
 LEAVE  AND  ANY  OTHER  PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH
 PARTICIPATING SCHOOL DISTRICT SHALL BE CREDITED AS EMPLOYMENT TIME  WITH
 THE  HOSTING  SCHOOL DISTRICT IF SUCH EMPLOYEES HAVE BECOME EMPLOYEES OF
 THE HOSTING SCHOOL DISTRICT PURSUANT  TO  SUBDIVISION  FIFTEEN  OF  THIS
 SECTION;
   6.  THE  CONTRACT  SHALL  SPECIFY  THE  COST  OF  THE OPERATION OF THE
 REGIONAL HIGH SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND AN ITEM-
 IZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT;
   7. THE CONTRACT SHALL SPECIFY THE CURRENT AND PROPOSED FUTURE SUPERVI-
 SORY, TEACHING, NON-INSTRUCTIONAL AND ALL OTHER EMPLOYEE STAFFING LEVELS
 AND PLANS OF THE REGIONAL HIGH SCHOOL;
   8. THE CONTRACT SHALL  SPECIFY  THE  CURRICULA  AND  CURRICULUM  PLANS
 OFFERED  AND PROVIDED BY THE REGIONAL HIGH SCHOOL, AND SHALL REQUIRE THE
 REGIONAL HIGH SCHOOL TO DOCUMENT AND DEMONSTRATE  THE  PROVISION  OF  AN
 IMPROVED  SCOPE OF EDUCATIONAL SERVICES TO STUDENTS IN COMPARISON TO THE
 SENDING SCHOOL DISTRICTS;
   9. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE ENROLLMENT LEVELS
 AND PLANS OF THE REGIONAL HIGH SCHOOL;
   10. THE CONTRACT SHALL SPECIFY THE CURRENT  AND  FUTURE  BUILDING  AND
 CAPITAL CONSTRUCTION PLANS FOR THE REGIONAL HIGH SCHOOL;
   11. THE CONTRACT SHALL SPECIFY PLANS FOR DELIVERY OF SPECIAL EDUCATION
 PROGRAMS  AND  SERVICES  TO  STUDENTS  WITH  DISABILITIES  ATTENDING THE
 REGIONAL HIGH SCHOOL, INCLUDING THE ROLES AND  RESPONSIBILITIES  OF  THE
 COMMITTEES  ON  SPECIAL EDUCATION OF THE HOSTING SCHOOL DISTRICT AND THE
 STUDENT'S SCHOOL DISTRICT OF RESIDENCE WHERE THAT IS DIFFERENT FROM  THE
 HOSTING SCHOOL DISTRICT;
   12.  THE  CONTRACT  SHALL  SPECIFY  THE  PROCEDURES  FOR DISCIPLINE OF
 STUDENTS ATTENDING THE REGIONAL HIGH SCHOOL,  INCLUDING  THE  APPLICABLE
 CODE OF CONDUCT AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS

 S. 953                              5
 
 TO  THE  BOARD OF EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOUR-
 TEEN OF THIS CHAPTER;
   13.  THE  CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE ESTAB-
 LISHMENT AND OPERATION  OF  THE  REGIONAL  HIGH  SCHOOL,  INCLUDING  THE
 CURRENT  AND  EXPECTED  STATE AID CHANGES, EXPENDITURES AND PROPERTY TAX
 LEVIES;
   14. THE CONTRACT SHALL SPECIFY THE PLAN AND PROCEDURES FOR PARTICIPAT-
 ING DISTRICTS WITH REGARD TO THE ADMINISTRATIVE STRUCTURE  AND  STAFFING
 PLANS OF EACH SUCH PARTICIPATING DISTRICT, TOGETHER WITH THE ADMINISTRA-
 TIVE  STRUCTURE  AND STAFFING PLANS OF THE REGIONAL SCHOOL DISTRICT, AND
 SUCH CONTRACT SHALL FURTHER CONTAIN PROVISIONS WHEREBY THE BOARDS OF THE
 PARTICIPATING SCHOOL DISTRICTS, UPON A JOINT  RESOLUTION  ADOPTED  BY  A
 MAJORITY  VOTE OF EACH OF THE BOARDS OF THE PARTICIPATING DISTRICTS, AND
 UPON THE APPROVAL OF THE  COMMISSIONER,  SHALL  BE  AUTHORIZED  TO  MAKE
 AMENDMENTS TO THE CONTRACT, IN ORDER THAT THE REGIONAL HIGH SCHOOL SHALL
 BE OPERATED EFFECTIVELY IN ACCORDANCE WITH THE INTENT OF THIS ARTICLE;
   15.  THE  CONTRACT SHALL SPECIFY THAT EACH SCHOOL PRINCIPAL, ASSISTANT
 PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER, NON-INSTRUCTIONAL EMPLOYEE AND
 ALL OTHER  EMPLOYEES  PREVIOUSLY  EMPLOYED  IN  THE  EDUCATION  OF  SUCH
 STUDENTS  BY  SUCH  PARTICIPATING SCHOOL DISTRICT PRIOR TO THE TIME THAT
 SUCH PARTICIPATING DISTRICT SENDS ITS  STUDENTS  TO  THE  REGIONAL  HIGH
 SCHOOL  SHALL  BECOME MEMBERS OF THE EMPLOYEE ORGANIZATIONS REPRESENTING
 THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME  OF  CREATION  OF  THE
 REGIONAL  HIGH  SCHOOL UNTIL SUCH TIME AS A SUCCESSOR AGREEMENT HAS BEEN
 NEGOTIATED, AND SHALL PROVIDE THAT THE DETERMINATION OF BARGAINING  UNIT
 STATUS  AND  REPRESENTATION  RIGHTS  SHALL BE IN ACCORDANCE WITH ARTICLE
 FOURTEEN OF THE CIVIL SERVICE LAW AND THE  RULES  OF  PROCEDURE  OF  THE
 PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF THE REGIONAL HIGH
 SCHOOL  THE SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
 EES, TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL OTHER EMPLOYEES SHALL
 REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT  THE  SENDING  SCHOOL
 DISTRICT TO WHICH THEY ARE SENT;
   16.  THE CONTRACT SHALL SPECIFY THAT THE REGIONAL HIGH SCHOOL SHALL BE
 SOLELY RESPONSIBLE FOR THE IMPLEMENTATION AND COMPLETION OF ALL ACADEMIC
 ACHIEVEMENT  STANDARDS  FOR  THE  STUDENTS   OF   PARTICIPATING   SCHOOL
 DISTRICTS; AND
   17.  THIS  SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE RIGHTS OF
 ANY OF SUCH SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
 EES, TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS  SECTION  GRANTED  BY
 ANY OTHER PROVISION OF LAW.
   18. FOR PURPOSES OF THIS ARTICLE THE "HOSTING DISTRICT" SHALL MEAN THE
 SCHOOL  DISTRICT  WHICH  OPERATES  THE  REGIONAL HIGH SCHOOL, A "SENDING
 DISTRICT" SHALL MEAN A DISTRICT WHICH PARTICIPATES IN THE REGIONAL  HIGH
 SCHOOL  BUT  THAT  DOES  NOT  OPERATE  THE  REGIONAL  HIGH SCHOOL, AND A
 "PARTICIPATING DISTRICT" SHALL MEAN A  HOSTING  DISTRICT  OR  A  SENDING
 DISTRICT.
   § 2. Subdivision 14 of section 3602 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. INCENTIVE OPERATING AID FOR REGIONAL HIGH SCHOOLS.  NOTWITHSTANDING
 THE  PROVISIONS  OF PARAGRAPHS A THROUGH J OF THIS SUBDIVISION, WHENEVER
 TWO OR MORE SCHOOL DISTRICTS ARE PARTIES TO AN AGREEMENT  TO  OPERATE  A
 REGIONAL  HIGH SCHOOL PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER,
 AND WHENEVER AFTER JULY FIRST, TWO THOUSAND NINETEEN,  ALL  SUCH  SCHOOL
 DISTRICTS  SO SCHEDULED DO ENTER INTO AN AGREEMENT TO OPERATE A REGIONAL
 HIGH SCHOOL PURSUANT TO SUCH ARTICLE THIRTY-NINE-A, AND

 S. 953                              6

   (1) WHENEVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES  AT
 LEAST  TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN
 HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN  HIGH  SCHOOL  FOLLOWING  THE
 ESTABLISHMENT OF THE REGIONAL HIGH SCHOOL, OR
   (2)  WHEREVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
 LEAST ONE SCHOOL DISTRICT  WHICH  PREVIOUSLY  MAINTAINED  ITS  OWN  HIGH
 SCHOOL,  AND  DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE ESTAB-
 LISHMENT OF THE REGIONAL HIGH SCHOOL, AND IN ADDITION THERETO,  INCLUDES
 AT  LEAST  ONE ADDITIONAL SCHOOL DISTRICT EMPLOYING EIGHT OR MORE TEACH-
 ERS:  IN EACH YEAR IN WHICH A SCHOOL DISTRICT IS PARTY  TO  SUCH  AGREE-
 MENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO FORTY
 PERCENT  OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS
 OF PARAGRAPH D-1 OF THIS SUBDIVISION; BUT IN NO CASE SHALL  THE  SUM  OF
 SUCH  APPORTIONMENT UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID
 PER PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER  CENTUM  OF  THE  YEAR
 PRIOR  TO  THE  BASE  YEAR  APPROVED OPERATING EXPENSE. SCHOOL DISTRICTS
 WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT BE  ELIGI-
 BLE FOR AN APPORTIONMENT UNDER PARAGRAPH C, F OR J OF THIS SUBDIVISION.
   (3)  NOT  LESS  THAN  FIFTY  PERCENT  OF THE AID RECEIVED BY A SENDING
 SCHOOL DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE USED TO IMPROVE  ITS
 GRADES PRE-KINDERGARTEN THROUGH EIGHT EDUCATIONAL PROGRAMS.
   § 3. This act shall take effect immediately.

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