Bill Text: NY A05566 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes two or more school districts in certain supervisory districts to enter into a contract to establish and operate a regional high school.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-07 - print number 5566a [A05566 Detail]
Download: New_York-2013-A05566-Introduced.html
Bill Title: Authorizes two or more school districts in certain supervisory districts to enter into a contract to establish and operate a regional high school.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-07 - print number 5566a [A05566 Detail]
Download: New_York-2013-A05566-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5566
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to authorizing the estab-
lishment of regional high schools in certain supervisory districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new article 39-A
2 to read as follows:
3 ARTICLE 39-A
4 REGIONAL HIGH SCHOOLS
5 SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
6 S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. THE ESTABLISHMENT OF A
7 REGIONAL HIGH SCHOOL SHALL BE COMMENCED UPON THE ADOPTION OF A RESOL-
8 UTION PROPOSING THE ESTABLISHMENT OF SUCH A HIGH SCHOOL, BY MAJORITY
9 VOTE, OF EACH OF THE BOARDS OF EDUCATION OF TWO OR MORE SCHOOL
10 DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
11 OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, CENTRAL
12 SCHOOL DISTRICTS, UNION FREE SCHOOL DISTRICTS AND/OR COMMON SCHOOL
13 DISTRICTS, PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY CONTAINED
14 WITHIN THE SAME BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY
15 DISTRICT. THEREAFTER, IF TWO OR MORE SCHOOL DISTRICTS ADOPT SUCH A
16 RESOLUTION, THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PROPOSING TO
17 ESTABLISH THE REGIONAL HIGH SCHOOL SHALL, NOT LESS THAN THIRTY DAYS
18 PRIOR TO ANY VOTE OF ITS ELECTORS UPON THE RESOLUTION, CONDUCT A MEETING
19 OPEN TO THE PUBLIC UPON THE TERMS AND CONDITIONS OF SUCH RESOLUTION. THE
20 ADOPTION OF THE RESOLUTION FOR THE ESTABLISHMENT OF A REGIONAL HIGH
21 SCHOOL SHALL BE SUBJECT TO APPROVAL THEREOF, BY MAJORITY VOTE, OF ALL
22 ELECTORS OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A REGIONAL HIGH
23 SCHOOL, SUCH ELECTION BEING CONDUCTED WITHIN EACH SCHOOL DISTRICT AND
24 THE VOTES THEREIN BEING COMPILED AT A CENTRAL LOCATION BY A BOARD OF
25 CANVASS ESTABLISHED BY THE BOARDS OF EDUCATION OF SUCH SCHOOL DISTRICTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09291-01-3
A. 5566 2
1 UPON APPROVAL BY THE ELECTORS OF THE SCHOOL DISTRICTS THE BOARDS OF
2 EDUCATION OF SUCH SCHOOL DISTRICTS SHALL JOINTLY ESTABLISH A PROPOSED
3 CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL. UPON ESTABLISHMENT
4 OF A PROPOSED CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL, SUCH
5 CONTRACT SHALL BE SUBMITTED TO THE COMMISSIONER. EVERY PROPOSED CONTRACT
6 FOR A REGIONAL HIGH SCHOOL SHALL BE SUBJECT TO APPROVAL BY THE COMMIS-
7 SIONER WHO SHALL, AS A CONDITION OF SUCH APPROVAL, CERTIFY THAT THE
8 CREATION OF A REGIONAL HIGH SCHOOL WILL EXPAND AND IMPROVE THE EDUCA-
9 TIONAL SERVICES AVAILABLE TO ALL STUDENTS OF SUCH HIGH SCHOOL AND THAT
10 IT CAN RESULT IN ADMINISTRATIVE EFFICIENCIES FOR ALL PARTICIPATING
11 DISTRICTS. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE
12 REGIONAL HIGH SCHOOL SHALL BE DEEMED TO HAVE BEEN ESTABLISHED, EXCEPT
13 THAT NOTHING IN THIS SECTION SHALL PREVENT THE HIGH SCHOOL WHICH WOULD
14 SERVE AS THE HOST OF THE REGIONAL HIGH SCHOOL SO ESTABLISHED TO CONTINUE
15 TO OPERATE AS A LEGAL ENTITY UNTIL THE END OF THE SCHOOL YEAR. EXCEPT AS
16 OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS OF THIS CHAPTER AS TO
17 THE COURSES OF STUDY, THE QUALIFICATIONS AND EMPLOYMENT OF TEACHERS,
18 NON-INSTRUCTIONAL EMPLOYEES AND OTHER STAFF, AND THE MAINTENANCE,
19 CONDUCT AND SUPERVISION OF PUBLIC SCHOOLS IN CENTRAL SCHOOL DISTRICTS
20 SHALL APPLY TO A REGIONAL HIGH SCHOOL. EVERY REGIONAL HIGH SCHOOL AND
21 THE CONTRACT THEREFOR SHALL MEET THE FOLLOWING REQUIREMENTS:
22 1. THE CONTRACT SHALL BE FOR A PERIOD OF NOT LESS THAN FIVE SCHOOL
23 YEARS AND, WITH THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED BY
24 MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
25 2. THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF
26 JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
27 SCHOOL YEAR;
28 3. THE CONTRACT SHALL STATE THAT THE REGIONAL HIGH SCHOOL WILL BE
29 OPERATED BY ONE OF THE PARTICIPATING SCHOOL DISTRICTS, HEREINAFTER
30 REFERRED TO IN THIS ARTICLE AS THE "HOSTING SCHOOL DISTRICT";
31 4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
32 PARTICIPATING SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL HIGH
33 SCHOOL, AND THE COST OF SUCH TRANSPORTATION SHALL BE A CHARGE AGAINST
34 EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
35 AS TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED THIR-
36 TY-FIVE OF THIS CHAPTER;
37 5. IF THE REGIONAL HIGH SCHOOL IS OPERATED BY A HOSTING SCHOOL
38 DISTRICT, THE REGIONAL HIGH SCHOOL AND THE CONTRACT SHALL MEET THE
39 FOLLOWING REQUIREMENTS:
40 A. THE CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL HIGH SCHOOL,
41 WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING SCHOOL
42 DISTRICTS. THE HOSTING SCHOOL DISTRICT AND THE BOARD OF EDUCATION OF
43 SUCH SCHOOL DISTRICT SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPER-
44 VISION AND MAINTENANCE OF THE REGIONAL HIGH SCHOOL, AS SHALL BE DESIG-
45 NATED IN THE CONTRACT,
46 B. THE CONTRACT SHALL SPECIFY THAT THE STUDENTS RECEIVING INSTRUCTION
47 FROM THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO BE ENROLLED IN THE
48 REGIONAL HIGH SCHOOL, EXCEPT TO THE EXTENT THAT THEIR ENROLLMENT AND
49 ATTENDANCE SHALL BE INCLUDED IN THE ENROLLMENT AND ATTENDANCE COUNTS OF
50 THE PARTICIPATING DISTRICTS FOR THE PURPOSES OF STATE AID, AND THEY
51 SHALL BE TREATED AND COUNTED AS SUCH FOR PURPOSES OF ALL STATE AID
52 CALCULATIONS PURSUANT TO THIS CHAPTER,
53 C. THE REGIONAL HIGH SCHOOL SHALL OPERATE ITS OWN EXTRACURRICULAR
54 ACTIVITIES AND INTERSCHOLASTIC ATHLETICS AND THE STUDENTS ATTENDING SUCH
55 REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES
56 AND ATHLETICS AND SHALL NOT BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIV-
A. 5566 3
1 ITIES AND ATHLETICS OF THEIR PARTICIPATING SCHOOL DISTRICT, EXCEPT TO
2 THE EXTENT THAT IF THE ACTIVITIES OR ATHLETICS OF THEIR PARTICIPATING
3 DISTRICT ARE DESIGNED OR INTENDED TO ACCOMMODATE JOINT PARTICIPATION
4 BETWEEN STUDENTS FROM THE JUNIOR HIGH SCHOOL OF THE PARTICIPATING
5 DISTRICT AND THE REGIONAL HIGH SCHOOL INCLUDING, BUT NOT LIMITED TO,
6 MODIFIED ATHLETIC TEAMS, MIXED GRADE MUSIC AND BAND PROGRAMS, AND JOINT
7 GRADE EXTRA-CURRICULAR PROGRAMS, THEN THE STUDENTS FROM THE REGIONAL
8 HIGH SCHOOL MAY JOINTLY PARTICIPATE IN SUCH ACTIVITIES OR ATHLETICS IN
9 THEIR PARTICIPATING SCHOOL DISTRICT,
10 D. THE REGIONAL HIGH SCHOOL SHALL BE RESPONSIBLE FOR THE EVALUATION
11 AND GRADING OF THE ACADEMIC PERFORMANCE OF ALL STUDENTS ATTENDING THE
12 REGIONAL HIGH SCHOOL, AND SHALL AWARD STUDENTS THEIR DIPLOMAS UPON GRAD-
13 UATION,
14 E. THE CONTRACT SHALL PROVIDE THAT ALL SCHOOL PRINCIPALS, ASSISTANT
15 PRINCIPALS, OTHER SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
16 EMPLOYEES AND OTHER STAFF MEMBERS OF THE PARTICIPATING SCHOOL DISTRICTS,
17 EXCEPT THE SUPERINTENDENT OF SCHOOLS, WHOSE SERVICES IN THE PARTICIPAT-
18 ING SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE CREATION OF A
19 REGIONAL HIGH SCHOOL OR THE TRANSFERENCE OF STUDENTS TO AN EXISTING
20 REGIONAL HIGH SCHOOL, SHALL BE GRANTED EMPLOYMENT RIGHTS IN THE HOST
21 SCHOOL DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
22 AND IN THE SAME MANNER AS IS PROVIDED IN SECTIONS THREE THOUSAND FOUR-
23 TEEN-A AND THREE THOUSAND FOURTEEN-B OF THIS CHAPTER,
24 F. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
25 TO A REGIONAL HIGH SCHOOL OPERATED BY A HOSTING SCHOOL DISTRICT, EACH
26 SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER,
27 NON-INSTRUCTIONAL EMPLOYEE AND ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED
28 IN THE EDUCATION OF SUCH STUDENTS BY SUCH PARTICIPATING SCHOOL DISTRICT
29 PRIOR TO THE TIME THAT SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO
30 THE REGIONAL HIGH SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZA-
31 TIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME OF
32 CREATION OF THE REGIONAL HIGH SCHOOL UNTIL SUCH TIME AS A SUCCESSOR
33 AGREEMENT HAS BEEN NEGOTIATED, AND SHALL PROVIDE THAT THE DETERMINATION
34 OF BARGAINING UNIT STATUS AND REPRESENTATION RIGHTS SHALL BE IN ACCORD-
35 ANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THE RULES OF
36 PROCEDURE OF THE PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF
37 THE REGIONAL HIGH SCHOOL THE SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS,
38 SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL
39 OTHER EMPLOYEES SHALL REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT
40 THE SENDING SCHOOL DISTRICT TO WHICH THEY ARE SENT. FOR PURPOSES OF THIS
41 SECTION, WHEN A PARTICIPATING SCHOOL DISTRICT TAKES BACK STUDENTS THAT
42 IT SENT TO ANOTHER DISTRICT ON A TUITION BASIS AND SENDS SUCH STUDENTS
43 TO A REGIONAL HIGH SCHOOL OPERATED PURSUANT TO THIS ARTICLE, THE HOSTING
44 SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL SHALL BE DEEMED TO BE THE
45 SENDING DISTRICT FOR PURPOSES OF THE RIGHTS AND PROTECTIONS PROVIDED IN
46 SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER AND/OR ARTICLE FIVE OF
47 THE CIVIL SERVICE LAW,
48 G. IF THE NUMBER OF SUPERVISORY, TEACHING, NON-INSTRUCTIONAL AND OTHER
49 POSITIONS NEEDED TO PROVIDE THE EDUCATIONAL SERVICES REQUIRED BY A
50 REGIONAL HIGH SCHOOL IS LESS THAN THE NUMBER OF SCHOOL PRINCIPALS,
51 ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
52 EMPLOYEES AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF THE
53 HOSTING SCHOOL DISTRICT OF SUCH REGIONAL HIGH SCHOOL AS PROVIDED BY
54 PARAGRAPH F OF THIS SUBDIVISION, THE SERVICES OF THE SCHOOL PRINCIPALS,
55 ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
56 EMPLOYEES AND OTHER EMPLOYEES HAVING THE LEAST SENIORITY IN THE PARTIC-
A. 5566 4
1 IPATING SCHOOL DISTRICTS WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS,
2 AS THE CASE MAY BE, OF THE POSITION SHALL BE DISCONTINUED. SUCH SCHOOL
3 PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-
4 INSTRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES SHALL BE PLACED ON A
5 PREFERRED ELIGIBLE LIST OF CANDIDATES FOR APPOINTMENT TO A VACANCY THAT
6 MAY THEREAFTER OCCUR IN AN OFFICE OR POSITION UNDER THE JURISDICTION OF
7 THE PARTICIPATING SCHOOL DISTRICT, THE "RECEIVING DISTRICT" AS DEFINED
8 IN SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER, FROM WHICH A
9 PARTICIPATING SCHOOL DISTRICT HAS TAKEN BACK STUDENTS, AND THE HOSTING
10 SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL SIMILAR TO THE ONE SUCH
11 SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER OR
12 OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT. THE SCHOOL PRINCI-
13 PALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-IN-
14 STRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES ON SUCH PREFERRED LISTS SHALL
15 BE REINSTATED OR APPOINTED TO SUCH VACANCIES IN SUCH CORRESPONDING OR
16 SIMILAR POSITIONS UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL
17 DISTRICT OR THE HOSTING SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL IN
18 THE ORDER OF THEIR LENGTH OF SERVICE IN SUCH PARTICIPATING SCHOOL
19 DISTRICT, WITHIN SEVEN YEARS FROM THE DATE OF THE PLACEMENT OF THE
20 EMPLOYEE ON SAID LIST, AND
21 H. FOR ANY SUCH SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY
22 EMPLOYEE, TEACHER, NON-INSTRUCTIONAL EMPLOYEE OR OTHER EMPLOYEE AS
23 DESCRIBED IN PARAGRAPHS E AND F OF THIS SUBDIVISION, FOR SALARY, SICK
24 LEAVE AND ANY OTHER PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH
25 PARTICIPATING SCHOOL DISTRICT SHALL BE CREDITED AS EMPLOYMENT TIME WITH
26 THE HOSTING SCHOOL DISTRICT IF SUCH EMPLOYEES HAVE BECOME EMPLOYEES OF
27 THE HOSTING SCHOOL DISTRICT PURSUANT TO SUBDIVISION FIFTEEN OF THIS
28 SECTION;
29 6. THE CONTRACT SHALL SPECIFY THE COST OF THE OPERATION OF THE
30 REGIONAL HIGH SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND AN ITEM-
31 IZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT;
32 7. THE CONTRACT SHALL SPECIFY THE CURRENT AND PROPOSED FUTURE SUPERVI-
33 SORY, TEACHING, NON-INSTRUCTIONAL AND ALL OTHER EMPLOYEE STAFFING LEVELS
34 AND PLANS OF THE REGIONAL HIGH SCHOOL;
35 8. THE CONTRACT SHALL SPECIFY THE CURRICULA AND CURRICULUM PLANS
36 OFFERED AND PROVIDED BY THE REGIONAL HIGH SCHOOL, AND SHALL REQUIRE THE
37 REGIONAL HIGH SCHOOL TO DOCUMENT AND DEMONSTRATE THE PROVISION OF AN
38 IMPROVED SCOPE OF EDUCATIONAL SERVICES TO STUDENTS IN COMPARISON TO THE
39 SENDING SCHOOL DISTRICTS;
40 9. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE ENROLLMENT LEVELS
41 AND PLANS OF THE REGIONAL HIGH SCHOOL;
42 10. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE BUILDING AND
43 CAPITAL CONSTRUCTION PLANS FOR THE REGIONAL HIGH SCHOOL;
44 11. THE CONTRACT SHALL SPECIFY PLANS FOR DELIVERY OF SPECIAL EDUCATION
45 PROGRAMS AND SERVICES TO STUDENTS WITH DISABILITIES ATTENDING THE
46 REGIONAL HIGH SCHOOL, INCLUDING THE ROLES AND RESPONSIBILITIES OF THE
47 COMMITTEES ON SPECIAL EDUCATION OF THE HOSTING SCHOOL DISTRICT AND THE
48 STUDENT'S SCHOOL DISTRICT OF RESIDENCE WHERE THAT IS DIFFERENT FROM THE
49 HOSTING SCHOOL DISTRICT;
50 12. THE CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE OF
51 STUDENTS ATTENDING THE REGIONAL HIGH SCHOOL, INCLUDING THE APPLICABLE
52 CODE OF CONDUCT AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS
53 TO THE BOARD OF EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOUR-
54 TEEN OF THIS CHAPTER;
55 13. THE CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE ESTAB-
56 LISHMENT AND OPERATION OF THE REGIONAL HIGH SCHOOL, INCLUDING THE
A. 5566 5
1 CURRENT AND EXPECTED STATE AID CHANGES, EXPENDITURES AND PROPERTY TAX
2 LEVIES;
3 14. THE CONTRACT SHALL SPECIFY THE PLAN AND PROCEDURES FOR PARTICIPAT-
4 ING DISTRICTS WITH REGARD TO THE ADMINISTRATIVE STRUCTURE AND STAFFING
5 PLANS OF EACH SUCH PARTICIPATING DISTRICT, TOGETHER WITH THE ADMINISTRA-
6 TIVE STRUCTURE AND STAFFING PLANS OF THE REGIONAL SCHOOL DISTRICT, AND
7 SUCH CONTRACT SHALL FURTHER CONTAIN PROVISIONS WHEREBY THE BOARDS OF THE
8 PARTICIPATING SCHOOL DISTRICTS, UPON A JOINT RESOLUTION ADOPTED BY A
9 MAJORITY VOTE OF EACH OF THE BOARDS OF THE PARTICIPATING DISTRICTS, AND
10 UPON THE APPROVAL OF THE COMMISSIONER, SHALL BE AUTHORIZED TO MAKE
11 AMENDMENTS TO THE CONTRACT, IN ORDER THAT THE REGIONAL HIGH SCHOOL SHALL
12 BE OPERATED EFFECTIVELY IN ACCORDANCE WITH THE INTENT OF THIS ARTICLE;
13 15. THE CONTRACT SHALL SPECIFY THAT EACH SCHOOL PRINCIPAL, ASSISTANT
14 PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER, NON-INSTRUCTIONAL EMPLOYEE AND
15 ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED IN THE EDUCATION OF SUCH
16 STUDENTS BY SUCH PARTICIPATING SCHOOL DISTRICT PRIOR TO THE TIME THAT
17 SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO THE REGIONAL HIGH
18 SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZATIONS REPRESENTING
19 THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME OF CREATION OF THE
20 REGIONAL HIGH SCHOOL UNTIL SUCH TIME AS A SUCCESSOR AGREEMENT HAS BEEN
21 NEGOTIATED, AND SHALL PROVIDE THAT THE DETERMINATION OF BARGAINING UNIT
22 STATUS AND REPRESENTATION RIGHTS SHALL BE IN ACCORDANCE WITH ARTICLE
23 FOURTEEN OF THE CIVIL SERVICE LAW AND THE RULES OF PROCEDURE OF THE
24 PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF THE REGIONAL HIGH
25 SCHOOL THE SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
26 EES, TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL OTHER EMPLOYEES SHALL
27 REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT THE SENDING SCHOOL
28 DISTRICT TO WHICH THEY ARE SENT;
29 16. THE CONTRACT SHALL SPECIFY THAT THE REGIONAL HIGH SCHOOL SHALL BE
30 SOLELY RESPONSIBLE FOR THE IMPLEMENTATION AND COMPLETION OF ALL ACADEMIC
31 ACHIEVEMENT STANDARDS FOR THE STUDENTS OF PARTICIPATING SCHOOL
32 DISTRICTS; AND
33 17. THIS SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE RIGHTS OF
34 ANY OF SUCH SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
35 EES, TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS SECTION GRANTED BY
36 ANY OTHER PROVISION OF LAW.
37 18. FOR PURPOSES OF THIS ARTICLE THE "HOSTING DISTRICT" SHALL MEAN THE
38 SCHOOL DISTRICT WHICH OPERATES THE REGIONAL HIGH SCHOOL, A "SENDING
39 DISTRICT" SHALL MEAN A DISTRICT WHICH PARTICIPATES IN THE REGIONAL HIGH
40 SCHOOL BUT THAT DOES NOT OPERATE THE REGIONAL HIGH SCHOOL, AND A
41 "PARTICIPATING DISTRICT" SHALL MEAN A HOSTING DISTRICT OR A SENDING
42 DISTRICT.
43 S 2. Subdivision 14 of section 3602 of the education law is amended by
44 adding a new paragraph k to read as follows:
45 K. INCENTIVE OPERATING AID FOR REGIONAL HIGH SCHOOLS. NOTWITHSTANDING
46 THE PROVISIONS OF PARAGRAPHS A THROUGH J OF THIS SUBDIVISION, WHENEVER
47 TWO OR MORE SCHOOL DISTRICTS ARE PARTIES TO AN AGREEMENT TO OPERATE A
48 REGIONAL HIGH SCHOOL PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER,
49 AND WHENEVER AFTER JULY FIRST, TWO THOUSAND THIRTEEN, ALL SUCH SCHOOL
50 DISTRICTS SO SCHEDULED DO ENTER INTO AN AGREEMENT TO OPERATE A REGIONAL
51 HIGH SCHOOL PURSUANT TO SUCH ARTICLE THIRTY-NINE-A, AND
52 (1) WHENEVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
53 LEAST TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN
54 HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE
55 ESTABLISHMENT OF THE REGIONAL HIGH SCHOOL, OR
A. 5566 6
1 (2) WHEREVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
2 LEAST ONE SCHOOL DISTRICT WHICH PREVIOUSLY MAINTAINED ITS OWN HIGH
3 SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE ESTAB-
4 LISHMENT OF THE REGIONAL HIGH SCHOOL, AND IN ADDITION THERETO, INCLUDES
5 AT LEAST ONE ADDITIONAL SCHOOL DISTRICT EMPLOYING EIGHT OR MORE TEACH-
6 ERS: IN EACH YEAR IN WHICH A SCHOOL DISTRICT IS PARTY TO SUCH AGREE-
7 MENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO FORTY
8 PERCENT OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS
9 OF PARAGRAPH D-1 OF THIS SUBDIVISION; BUT IN NO CASE SHALL THE SUM OF
10 SUCH APPORTIONMENT UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID
11 PER PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER CENTUM OF THE YEAR
12 PRIOR TO THE BASE YEAR APPROVED OPERATING EXPENSE. SCHOOL DISTRICTS
13 WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT BE ELIGI-
14 BLE FOR AN APPORTIONMENT UNDER PARAGRAPH C, F OR J OF THIS SUBDIVISION.
15 (3) NOT LESS THAN FIFTY PERCENT OF THE AID RECEIVED BY A SENDING
16 SCHOOL DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE USED TO IMPROVE ITS
17 GRADES PRE-KINDERGARTEN THROUGH EIGHT EDUCATIONAL PROGRAMS.
18 S 3. This act shall take effect immediately.
