Bill Text: NY A06467 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the establishment of regional secondary schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-07 - referred to education [A06467 Detail]

Download: New_York-2019-A06467-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6467
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee 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:
     1    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
     2  declares  that  given  the  current  fiscal  climate in this state, many
     3  school districts, particularly small, rural districts, are threatened by
     4  a decline in educational opportunities and programs for their students.
     5    School districts are seeking new  models  of  delivering  services  to
     6  students that are most cost-effective and efficient, in order to sustain
     7  or  enhance  the  quality of services to maintain or expand the scope of
     8  services offered to students.
     9    The legislature recognizes that many secondary schools  in  the  state
    10  are  experiencing financial limitations that may impair their ability to
    11  offer students the same range or quality of courses that other secondary
    12  schools may provide. In order to ensure that these districts continue to
    13  offer their students advanced course work, districts should be  afforded
    14  the opportunity to establish a regional secondary school.
    15    Under this new model of delivering services, districts will be able to
    16  streamline  programs and services, increase resources and increase their
    17  purchasing power through shared services. These resultant  cost  savings
    18  will  allow  money  to  flow  into educational programs and services for
    19  students which will, in turn, help to improve  student  performance  and
    20  meet college and career readiness.
    21    § 2. The education law is amended by adding a new article 39-A to read
    22  as follows:
    23                                ARTICLE 39-A
    24                         REGIONAL SECONDARY SCHOOLS
    25  Section 1920.  Definitions.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03851-01-9

        A. 6467                             2
     1          1921.   Establishment of a regional secondary school operated by
     2                  a board of education.
     3          1922.   Establishment of a regional secondary school operated by
     4                  a board of cooperative educational services.
     5          1923.  State aid for regional secondary schools.
     6          1924.  Regional secondary school advisory committee.
     7    § 1920. Definitions. For purposes of this article, the following terms
     8  shall have the following meanings:
     9    1. The term "regional secondary school" shall mean a secondary  school
    10  established  by  participating  districts  within  a  region of New York
    11  state.
    12    2. The term "secondary school" shall mean:
    13    a. A high school containing grades nine through twelve;
    14    b. A junior high school containing grades six through eight;
    15    c. A combined junior/senior high school containing grades six  through
    16  twelve;
    17    d.  A  combined  junior/senior  high  school  containing  grades seven
    18  through twelve; or
    19    e. A  combined  junior/senior  high  school  containing  grades  eight
    20  through twelve.
    21    3.  The  term "region" shall mean the combined area of all the partic-
    22  ipating districts that establish a regional secondary school.
    23    4. The term "participating district" shall  mean  an  eligible  school
    24  district  whose board of education has adopted a resolution to establish
    25  a regional secondary school with  one  or  more  other  eligible  school
    26  districts.
    27    5. The term "eligible school district" shall mean:
    28    a. A city school district,
    29    b. A central school district,
    30    c. A union free school district, and/or
    31    d. A common school district, which is eligible to establish a regional
    32  secondary school.
    33    6.  The  term "hosting district" shall mean the participating district
    34  which hosts the regional secondary school.
    35    7. The term "regional referendum" shall mean a  referendum,  presented
    36  simultaneously  on  the  ballot  of all the participating districts, and
    37  determined by a majority vote  of  the  participating  electors  of  the
    38  region collectively.
    39    8. The term "proposed contract" shall mean the contract adopted by all
    40  the  boards  of  education of the participating districts for the estab-
    41  lishment and operation of the regional secondary school.
    42    9. The term "governing board of the regional secondary  school"  shall
    43  mean  the governing board of the regional secondary school as designated
    44  by the proposed contract.
    45    § 1921. Establishment of a regional secondary  school  operated  by  a
    46  board  of  education.  1. A regional secondary school may be established
    47  pursuant to this section.
    48    2. A regional secondary school may  be  established  by  two  or  more
    49  eligible school districts.
    50    3.  The  establishment of a regional secondary school shall be subject
    51  to the approval of the commissioner, in a manner and time frame, as  set
    52  forth within this section.
    53    4. A regional secondary school:
    54    a.  Shall  be  wholly  contained  within the supervisory district of a
    55  board of cooperative educational services, unless:

        A. 6467                             3
     1    (i) Upon application of the boards of education seeking to establish a
     2  regional  secondary  school,  the  commissioner  agrees  to  waive  this
     3  requirement; or
     4    (ii)  The  participating  school  district  is  a  central high school
     5  district, which subject to approval  of  its  voters,  entered  into  an
     6  agreement   with  school  districts  other  than  its  component  school
     7  districts, that are wholly contained within the supervisory district  of
     8  a board of cooperative educational services.
     9    b.  Shall  not be a component school district of a central high school
    10  district, or a special act school district, as defined in  section  four
    11  thousand one of this chapter.
    12    5. A regional secondary school shall serve all or some of the students
    13  in  each  of the participating districts in grades of a secondary school
    14  as determined by the agreement between the participating districts.
    15    6. Upon the establishment of a regional secondary school, each partic-
    16  ipating district shall cease operation of at least one secondary school,
    17  except that the hosting district may continue  to  operate  a  secondary
    18  school  as  a  regional  secondary school, pursuant to the conditions of
    19  this article.
    20    7. Pursuant to this section, the  regional  secondary  school  may  be
    21  operated by:
    22    a.  One  of  the  participating  districts,  constituting  the hosting
    23  district, which shall assume the responsibility  to  operate,  supervise
    24  and  maintain  the  regional  secondary school and the administration of
    25  such regional secondary school; or
    26    b. A joint board of education established pursuant to this section.
    27    8. a. To establish a regional secondary school, two  or  more  partic-
    28  ipating  school  districts must initially adopt, by majority vote of the
    29  board of education of each participating district, a resolution  propos-
    30  ing the establishment of the regional secondary school.
    31    b. The resolution to establish a regional secondary school shall indi-
    32  cate:
    33    (i) The proposed participating school districts;
    34    (ii)  Whether  the  school  would  be  governed  by a proposed hosting
    35  district or a joint board of education;
    36    (iii) A listing of the grades that would be included in  the  regional
    37  secondary school;
    38    (iv) The proposed location of the regional secondary school;
    39    (v) The proposed term of the contract governing the regional secondary
    40  school.
    41    c. The resolution to  establish the regional secondary school shall be
    42  voted  on by each board at a meeting held no later than October first of
    43  the school year prior to the school year in which the regional secondary
    44  school is proposed to commence operation.
    45    9. a. If two or more school  districts  adopt  such  a  resolution  as
    46  provided  in  subdivision eight of this section, the resolution shall be
    47  presented in a regional referendum by means of a regional  vote,  before
    48  the electors of all of the proposed participating districts.
    49    b.  Approval  of the regional referendum shall be upon a majority vote
    50  of the participating electors in the  region  encompassing  all  of  the
    51  proposed participation districts.
    52    c.  In the event the voters do not approve the regional referendum, it
    53  may be presented for a re-vote, but in no event any more than two  votes
    54  be held in any school year.
    55    10.  Upon  the  approval  of  the  voters  in the regional referendum,
    56  presented pursuant to subdivision nine of this section, the  participat-

        A. 6467                             4
     1  ing  school  districts shall collectively enter into a proposed contract
     2  for the establishment of a regional secondary school.
     3    11.  With the consent of each of the participating boards of education
     4  and approval of the commissioner, additional school districts, otherwise
     5  eligible to establish  the  regional  secondary  school,  may  join  the
     6  regional  secondary  school in the second or a subsequent year of opera-
     7  tion, by adopting a board resolution and obtaining voter approval upon a
     8  majority vote of the electors of such additional district.
     9    12. a. Upon receipt of voter approval in the regional referendum  held
    10  pursuant  to  subdivision nine of this section, the participating school
    11  districts shall adopt, by a majority vote of the boards of education  of
    12  each  participating  school district, a proposed contract for the opera-
    13  tion of the  regional secondary school.
    14    b. The proposed contract for the operation of the  regional  secondary
    15  school shall include the plan of formation and operation of the regional
    16  secondary  school  and shall be submitted to the commissioner for his or
    17  her approval, in a time and manner prescribed by the commissioner.
    18    c.  The proposed contract for the operation of the regional  secondary
    19  school shall be an inter-municipal sharing agreement pursuant to article
    20  five-G  of the general municipal law that complies with the requirements
    21  of this section.
    22    13. The proposed contract for the operation of the regional  secondary
    23  school,  and  the  regional  secondary  school that would be established
    24  thereunder, shall meet the following requirements:
    25    a. The proposed contract  shall  provide  the  name  of  the  regional
    26  secondary school, which shall be subject to the commissioner's approval.
    27    b.  The  term of the proposed contract shall be specified therein, and
    28  shall be for a term not less than five nor more than seven school years.
    29    c. The proposed contract shall establish  a  governing  board  of  the
    30  regional  secondary  school,  that  will  operate the regional secondary
    31  school on behalf of all participating districts, as follows:
    32    (i) The governing board of the  regional  secondary  school  shall  be
    33  designated  by the proposed contract to be either the board of education
    34  of the hosting district, or a joint board of  education  established  by
    35  the participating districts.
    36    (ii)  In  the  event the proposed contract designates a joint board of
    37  education as the governing board of the regional secondary school:
    38    (1) Such joint board shall consist of at least five members, with  not
    39  less than one member appointed by the board of education of each partic-
    40  ipating  school  district,  and with any remaining members being jointly
    41  appointed by  the  boards  of  education  of  the  participating  school
    42  districts collectively;
    43    (2)  The  proposed  contract,  consistent  with the provisions of this
    44  section, shall specify the number, term, and procedures for  appointment
    45  of the joint board members; and
    46    (3) The joint board shall have the same powers and duties with respect
    47  to the regional secondary school as a board of education of a union free
    48  school  district  has  with  respect  to its schools under this chapter,
    49  except as modified by the terms of the proposed contract.
    50    (iii) The governing board shall have responsibility for the operation,
    51  supervision and maintenance of the regional secondary school  and  shall
    52  be  responsible  for  the  administration  of  the school, including the
    53  curriculum, grading, staffing and  the  issuance  of  diplomas  for  all
    54  students  that  attend the regional secondary school, as shall be desig-
    55  nated in the proposed contract.

        A. 6467                             5
     1    (iv) The regional secondary school shall be deemed  a  school  of  the
     2  governing board for accountability purposes.
     3    d.  The  proposed  contract  may  provide  that  the  student's school
     4  district of residence may issue  the  student's  diploma,  upon  certif-
     5  ication  by  the governing board that all graduation requirements of the
     6  regional secondary school have been met.
     7    e. The proposed contract shall designate  the  grades  of  instruction
     8  intended to be served by the regional secondary school.
     9    f.  The  proposed  contract  shall  designate the site of the regional
    10  secondary school, which shall be within the boundaries  of  one  of  the
    11  participating  districts, and where possible, should use existing build-
    12  ings and/or infrastructure.
    13    g. Notwithstanding any other provision of law  to  the  contrary,  the
    14  proposed  contract shall provide that each participating school district
    15  shall be responsible for providing or arranging  for  transportation  to
    16  its resident students attending the regional secondary school in accord-
    17  ance  with its school district policy, but without regard to any maximum
    18  mileage limitation.
    19    h. The proposed contract may provide that student  transportation  may
    20  be  provided  by contract for transportation services, including but not
    21  limited to a contract with one or  more  participating  districts  or  a
    22  board of cooperative educational services.
    23    i. The proposed contract shall specify:
    24    (i)  That  the  students  of  each participating school district shall
    25  remain enrolled as students of  their  respective  participating  school
    26  districts;
    27    (ii)  That  the  students  shall be treated and counted as students of
    28  their respective participating school  districts  for  purposes  of  all
    29  state aid calculations pursuant to this chapter;
    30    (iii)  The  current  enrollment of all participating school districts;
    31  and
    32    (iv) The projected total enrollment numbers of the regional  secondary
    33  school;
    34    j.  The  proposed contract must demonstrate how the regional secondary
    35  school will provide increased educational  opportunities  for  students,
    36  including  courses  and programs in science, technology, engineering and
    37  math, to prepare students for college and career readiness  and  improve
    38  student performance.
    39    k.  That  employment  issues of the regional secondary school shall be
    40  resolved as follows:
    41    (i) That all teachers, teaching assistants and teacher  aides  of  the
    42  participating  school  districts,  whose  services  in the participating
    43  school districts are no longer needed because of the establishment of  a
    44  regional  secondary  school,  or the transfer of students to an existing
    45  regional secondary school, or as a result of a new participating  school
    46  district joining the regional secondary school, shall immediately become
    47  employees  of  the  governing board designated in the proposed contract,
    48  and shall retain their tenure and/or employment status and the seniority
    49  gained in the participating district.
    50    (ii) That in the event that the number of teaching, teaching assistant
    51  or teacher aide positions needed to  provide  the  educational  services
    52  required  by  a  regional  secondary  school  is less than the number of
    53  teachers, teaching assistants, and teacher aides eligible to be  consid-
    54  ered  employees  of  the  designated  governing  board  of such regional
    55  secondary school, the services of the teachers, teaching assistants  and
    56  teacher  aides  having  the  least seniority in the participating school

        A. 6467                             6
     1  district within the tenure area or civil service status, as the case may
     2  be, of the position shall be discontinued.
     3    (iii) That any such employees who are teachers, teaching assistants or
     4  teacher aides shall be placed on a preferred eligible list of candidates
     5  for  appointment  to a vacancy that may thereafter occur in an office or
     6  position under the jurisdiction of the participating school district  in
     7  accordance  with  the  provisions  of section twenty-five hundred ten or
     8  three thousand thirteen of this chapter.
     9    (iv) That for any such teacher, teaching assistant or teacher aide who
    10  is retained by the governing board, for salary, sick leave and any other
    11  purposes, the length of service credited in  such  participating  school
    12  district  prior  to  its  participation in the regional secondary school
    13  shall be credited as  employment  time  with  the  designated  governing
    14  board.
    15    (v)  That  upon  termination of the proposed contract pursuant to this
    16  section and the return of students from the regional secondary school to
    17  the former participating school district, the teachers, teaching assist-
    18  ants and teacher aides employed by the governing board to serve  in  the
    19  regional  secondary  school shall have the same employment rights in the
    20  participating school districts as teachers would have upon takeover of a
    21  board  of  cooperative  educational  services  program  by  such  school
    22  districts pursuant to section three thousand fourteen-b of this chapter.
    23    (vi)  That  all  school  principals, assistant principals, supervisory
    24  employees, and non-instructional employees of the  participating  school
    25  districts,  whose  services in the participating school districts are no
    26  longer needed because of  the  establishment  of  a  regional  secondary
    27  school,  or  the  transfer of students to an existing regional secondary
    28  school, or as a result of a new participating  school  district  joining
    29  the regional secondary school, shall immediately become employees of the
    30  governing  board  designated  in  the  proposed contract, and shall have
    31  employment rights identical to teachers, teaching assistants or  teacher
    32  aides  provided  in  this  section and the existing relevant sections of
    33  this chapter.
    34    l. The proposed contract shall specify the process for development  of
    35  the budget for the regional secondary school by the designated governing
    36  board  and how operating and administrative costs and the local share of
    37  capital expenses attributable to the regional secondary school  will  be
    38  allocated amongst the participating districts.
    39    m.    The  proposed  contract  shall specify the costs of the regional
    40  secondary school, staffing,  current  and  future  capital  construction
    41  plans and for the delivery of special education programs.
    42    n.  The  proposed contract shall specify the procedures for discipline
    43  of students attending  the  regional  secondary  school,  including  the
    44  applicable  code of conduct provided that such code of conduct meets the
    45  requirements of section twenty-eight hundred one  of  this  chapter  and
    46  procedures  for  superintendents'  hearings  and appeals to the board of
    47  education pursuant to section thirty-two hundred fourteen of this  chap-
    48  ter.
    49    o.  The  proposed contract shall specify the costs of the operation of
    50  the regional secondary school for each participating school district and
    51  an itemized listing of the cost savings for  each  participating  school
    52  district.
    53    p. The proposed contract shall specify how extra-curricular activities
    54  and  interscholastic  athletics  will  be  provided  to  students of the
    55  regional secondary school.

        A. 6467                             7
     1    q. The proposed contract shall specify the fiscal implications of  the
     2  regional  secondary  school  including  expected  state aid and expected
     3  changes in expenditures and property tax levies.
     4    r.  The  proposed  contract shall specify whether the employees of the
     5  regional secondary school shall establish  new  employee  organizations,
     6  pursuant  to article fourteen of the civil service law, for their repre-
     7  sentation, or, where applicable, whether they shall  become  members  of
     8  the  applicable employee organizations representing the employees of the
     9  hosting district.
    10    s. The proposed contract shall set  forth  any  other  information  or
    11  analysis as may be required by the regulations of the commissioner.
    12    14.  If  the commissioner approves the proposed contract, the regional
    13  secondary school shall be established. The contract, so approved,  shall
    14  be  for  a  period of at least five and not more than seven school years
    15  and, upon the approval of the commissioner, may be renewed  pursuant  to
    16  mutual  agreement  by  means of a majority vote of each of the boards of
    17  education of the participating districts. The regional secondary  school
    18  shall  commence  operations  on  the  first of July, and shall not cease
    19  operations before the thirtieth of June in any school year.
    20    § 1922. Establishment of a regional secondary  school  operated  by  a
    21  board  of  cooperative  educational  services.  1.  A regional secondary
    22  school may be established pursuant to this section.
    23    2. A regional secondary school may  be  established  by  two  or  more
    24  eligible school districts.
    25    3.  The  establishment of a regional secondary school shall be subject
    26  to the approval of the commissioner, in a manner and time frame, as  set
    27  forth within this section.
    28    4.  A  regional  secondary school shall be wholly contained within the
    29  supervisory district of the board of  cooperative  educational  services
    30  operating the regional secondary school.
    31    5. A regional secondary school shall serve all or some of the students
    32  in  each  of the participating districts in grades of a secondary school
    33  as determined by the agreement between the participating districts.
    34    6. Upon the establishment of a regional secondary school, each partic-
    35  ipating district shall cease operation of at least one secondary school,
    36  except that the hosting district may continue  to  operate  a  secondary
    37  school  as  a  regional  secondary school, pursuant to the conditions of
    38  this article.
    39    7. Pursuant to this section, the regional secondary school operated by
    40  a board of cooperative educational services, shall have  such  board  of
    41  cooperative  educational  services assume the responsibility to operate,
    42  supervise and maintain the regional secondary school  and  the  adminis-
    43  tration of such regional secondary school.
    44    8.  a.  To  establish a regional secondary school, two or more partic-
    45  ipating school districts must initially adopt, by majority vote  of  the
    46  board  of education of each participating district, a resolution propos-
    47  ing the establishment of the regional secondary school.
    48    b. The resolution to establish a regional secondary school shall indi-
    49  cate:
    50    (i) The proposed participating school districts;
    51    (ii) That the regional secondary school shall be operated by  a  board
    52  of cooperative educational services;
    53    (iii)  A  listing of the grades that would be included in the regional
    54  secondary school;
    55    (iv) The proposed location of the regional secondary school;

        A. 6467                             8
     1    (v) The proposed term of the contract governing the regional secondary
     2  school.
     3    c.  The resolution to establish the regional secondary school shall be
     4  voted on by each board at a meeting held no later than October first  of
     5  the school year prior to the school year in which the regional secondary
     6  school is proposed to commence operation.
     7    9.  a.  If  two  or  more  school districts adopt such a resolution as
     8  provided in subdivision eight of this section, the resolution  shall  be
     9  presented  in  a regional referendum by means of a regional vote, before
    10  the electors of all of the proposed participating districts.
    11    b. Approval of the regional referendum shall be upon a  majority  vote
    12  of  the  participating  electors  in  the region encompassing all of the
    13  proposed participating districts.
    14    c. In the event the voters do not approve the regional referendum,  it
    15  may  be presented for a re-vote, but in no event may more than two votes
    16  be held in any school year.
    17    10. Upon the approval  of  the  voters  in  the  regional  referendum,
    18  presented  pursuant to subdivision nine of this section, the participat-
    19  ing school districts shall collectively enter into a  proposed  contract
    20  for the establishment of a regional secondary school.
    21    11. With the consent of each of the participating boards of education,
    22  and the board of cooperative educational services operating the regional
    23  secondary  school, and upon the approval of the commissioner, additional
    24  school districts, otherwise eligible to establish the regional secondary
    25  school operated by a board of cooperative educational services, may join
    26  the regional secondary school in the second  or  a  subsequent  year  of
    27  operation,  by  adopting a board resolution and obtaining voter approval
    28  upon a majority vote of the electors of such additional district.
    29    12. a. Upon receipt of voter approval in the regional referendum  held
    30  pursuant  to  subdivision nine of this section, the participating school
    31  districts shall adopt, by a majority vote of the boards of education  of
    32  each  participating  school district, a proposed contract for the opera-
    33  tion of the regional secondary school.
    34    b. The proposed contract for the operation of the  regional  secondary
    35  school shall include the plan of formation and operation of the regional
    36  secondary  school  and shall be submitted to the commissioner for his or
    37  her approval, in a time and manner prescribed by the commissioner.
    38    c. The proposed contract for the operation of the  regional  secondary
    39  school shall be an inter-municipal sharing agreement pursuant to article
    40  five-G  of the general municipal law that complies with the requirements
    41  of this section.
    42    13. The proposed contract for the operation of the regional  secondary
    43  school,  and  the  regional  secondary  school that would be established
    44  thereunder, shall meet the following requirements:
    45    a. The proposed contract  shall  provide  the  name  of  the  regional
    46  secondary school, which shall be subject to the commissioner's approval;
    47    b.  The  term of the proposed contract shall be specified therein, and
    48  shall be for a term not less than five nor more than seven school years;
    49    c. The proposed contract shall establish:
    50    (i) That the board of cooperative educational services as the  govern-
    51  ing  board  of  the regional secondary school, will operate the regional
    52  secondary school on behalf of all participating districts;
    53    (ii) That the board of cooperative educational services as the govern-
    54  ing board of the regional secondary school,  shall  have  responsibility
    55  for the operation, supervision and maintenance of the regional secondary
    56  school  and  shall  be responsible for the administration of the school,

        A. 6467                             9
     1  including the curriculum, grading, staffing and the issuance of diplomas
     2  for all students that attend the regional secondary school, as shall  be
     3  designated in the proposed contract; and
     4    (iii)  That  the  board  of  cooperative  educational  services as the
     5  governing board of the regional  secondary  school  shall  be  deemed  a
     6  school district for accountability purposes.
     7    d.  The  proposed  contract  may  provide  that  the  student's school
     8  district of residence may issue  the  student's  diploma,  upon  certif-
     9  ication  by  the governing board that all graduation requirements of the
    10  regional secondary school have been met;
    11    e. The proposed contract shall designate  the  grades  of  instruction
    12  intended to be served by the regional secondary school;
    13    f.  The  proposed  contract  shall  designate the site of the regional
    14  secondary school, which shall be within the boundaries  of  one  of  the
    15  participating  districts, and where possible, should use existing build-
    16  ings and/or infrastructure;
    17    g. Notwithstanding any other provision of law  to  the  contrary,  the
    18  proposed  contract shall provide that each participating school district
    19  shall be responsible for providing or arranging  for  transportation  to
    20  its resident students attending the regional secondary school in accord-
    21  ance  with its school district policy, but without regard to any maximum
    22  mileage limitation;
    23    h. The proposed contract may provide that student  transportation  may
    24  be  provided  by contract for transportation services, including but not
    25  limited to a contract with one or  more  participating  districts  or  a
    26  board of cooperative educational services;
    27    i. The proposed contract shall specify:
    28    (i)  That  the  students  of  each participating school district shall
    29  remain enrolled as students of  their  respective  participating  school
    30  districts;
    31    (ii)  That  the  students  shall be treated and counted as students of
    32  their respective participating school  districts  for  purposes  of  all
    33  state aid calculations pursuant to this chapter;
    34    (iii)  The  current  enrollment of all participating school districts;
    35  and
    36    (iv) The projected total enrollment numbers of the regional  secondary
    37  school;
    38    j.  The  proposed contract must demonstrate how the regional secondary
    39  school will provide increased educational  opportunities  for  students,
    40  including  courses  and programs in science, technology, engineering and
    41  math, to prepare students for college and career readiness  and  improve
    42  student performance;
    43    k.  That  employment  issues of the regional secondary school shall be
    44  resolved as follows:
    45    (i) That all teachers, teaching assistants and teacher  aides  of  the
    46  participating  school  districts,  whose  services  in the participating
    47  school districts are no longer needed because of the establishment of  a
    48  regional  secondary  school,  or the transfer of students to an existing
    49  regional secondary school, or as a result of a new participating  school
    50  district joining the regional secondary school, shall immediately become
    51  employees of the board of cooperative educational services designated in
    52  the  proposed  contract, and shall retain their tenure and/or employment
    53  status and the seniority gained in the participating district;
    54    (ii) That in the event that the number of teaching, teaching assistant
    55  or teacher aide positions needed to  provide  the  educational  services
    56  required  by  a  regional  secondary  school  is less than the number of

        A. 6467                            10
     1  teachers, teaching assistants and teacher aides eligible to  be  consid-
     2  ered  employees  of  the  designated  governing  board  of such regional
     3  secondary school, the services of the teachers, teaching assistants  and
     4  teacher  aides  having  the  least seniority in the participating school
     5  district within the tenure area or civil service status, as the case may
     6  be, of the position shall be discontinued;
     7    (iii) That any such employees who are teachers, teaching assistants or
     8  teacher aides shall be placed on a preferred eligible list of candidates
     9  for appointment to a vacancy that may thereafter occur in an  office  or
    10  position  under the jurisdiction of the participating school district in
    11  accordance with the provisions of section  twenty-five  hundred  ten  or
    12  three thousand thirteen of this chapter;
    13    (iv) That for any such teacher, teaching assistant or teacher aide who
    14  is retained by the governing board, for salary, sick leave and any other
    15  purposes,  the  length  of service credited in such participating school
    16  district prior to its participation in  the  regional  secondary  school
    17  shall  be  credited  as  employment  time  with the board of cooperative
    18  educational services;
    19    (v) That upon termination of the proposed contract  pursuant  to  this
    20  section and the return of students from the regional secondary school to
    21  the former participating school district, the teachers, teaching assist-
    22  ants, and teacher aides employed by the board of cooperative educational
    23  services  to  serve in the regional secondary school shall have the same
    24  employment rights in the  participating  school  districts  as  teachers
    25  would  have upon takeover of a board of cooperative educational services
    26  program by such school districts  pursuant  to  section  three  thousand
    27  fourteen-b of this chapter; and
    28    (vi)  That  all  school  principals, assistant principals, supervisory
    29  employees, and non-instructional employees of the  participating  school
    30  districts,  whose  services in the participating school districts are no
    31  longer needed because of  the  establishment  of  a  regional  secondary
    32  school,  or  the  transfer of students in an existing regional secondary
    33  school, or as a result of a new participating  school  district  joining
    34  the regional secondary school, shall immediately become employees of the
    35  board  of  cooperative  educational  services designated in the proposed
    36  contract, and shall have employment rights identical to teachers, teach-
    37  ing assistants or teacher aides provided in this section and the  exist-
    38  ing relevant sections of this chapter.
    39    l.  The proposed contract shall specify the process for development of
    40  the budget for the regional secondary school by the board of cooperative
    41  educational services and how operating and administrative costs and  the
    42  local  share  of capital expenses attributable to the regional secondary
    43  school will be allocated amongst the participating districts;
    44    m. The proposed contract shall  specify  the  costs  of  the  regional
    45  secondary  school,  staffing,  current  and  future capital construction
    46  plans and for the delivery of special education programs;
    47    n. The proposed contract shall specify the procedures  for  discipline
    48  of  students  attending  the  regional  secondary  school, including the
    49  applicable code of conduct provided that such code of conduct meets  the
    50  requirements  of  section  twenty-eight  hundred one of this chapter and
    51  procedures for superintendents' hearings and appeals  to  the  board  of
    52  education  pursuant to section thirty-two hundred fourteen of this chap-
    53  ter;
    54    o. The proposed contract shall specify the costs of the  operation  of
    55  the regional secondary school for each participating school district and

        A. 6467                            11
     1  an  itemized  listing  of the cost savings for each participating school
     2  district;
     3    p.  The proposed contract shall specify how extracurricular activities
     4  and interscholastic athletics  will  be  provided  to  students  of  the
     5  regional secondary school;
     6    q.  The proposed contract shall specify the fiscal implications of the
     7  regional secondary school including  expected  state  aid  and  expected
     8  changes in expenditures and property tax levies;
     9    r.  The  proposed  contract shall specify whether the employees of the
    10  regional secondary school shall establish  new  employee  organizations,
    11  pursuant  to article fourteen of the civil service law, for their repre-
    12  sentation, or, where applicable, whether they shall  become  members  of
    13  the  applicable employee organizations representing the employees of the
    14  hosting district; and
    15    s. The proposed contract shall set  forth  any  other  information  or
    16  analysis as may be required by the regulations of the commissioner.
    17    14.  If  the commissioner approves the proposed contract, the regional
    18  secondary school shall be established. The contract, so approved,  shall
    19  be  for  a  period of at least five and not more than seven school years
    20  and, upon the approval of the commissioner, may be renewed  pursuant  to
    21  mutual  agreement  by  means of a majority vote of each of the boards of
    22  education of the participating districts and the supervisory district of
    23  the board of cooperative educational services.  The  regional  secondary
    24  school  shall  commence  operations  on the first of July, and shall not
    25  cease operations before the thirtieth of June in any school year.
    26    § 1923. State aid for regional secondary schools. 1. Students  attend-
    27  ing a regional secondary school shall be deemed enrolled in their school
    28  district  of  residence  and shall be included in the applicable member-
    29  ship, enrollment  and  attendance  counts  of  their  respective  school
    30  districts  of residence for purposes of computation of state aid to such
    31  school districts. The costs of educating  each  such  student  shall  be
    32  included  in  the  approved  operating  expense  of the student's school
    33  district of residence and except as otherwise provided in this  section,
    34  the state aid attributable to such student shall be computed in the same
    35  manner as aid attributable to other resident students and shall be paya-
    36  ble to the school district of residence.
    37    2.  Notwithstanding  any  other  provision of law to the contrary, the
    38  school district that owns  the  facility  used  to  house  the  regional
    39  secondary school shall be the only school district eligible for building
    40  aid  pursuant  to  the  applicable provisions of subdivision six, six-a,
    41  six-c, six-e or six-f of section thirty-six hundred two of this  chapter
    42  for  projects  involving the regional secondary school that are approved
    43  by the qualified voters of such  district  after  establishment  of  the
    44  regional  secondary  school,  provided  that  such aid shall be computed
    45  using the building aid  ratio  applicable  to  projects  of  the  school
    46  district  that  owns  the  regional  secondary school facility under the
    47  provisions of paragraphs b and c of subdivision six of  section  thirty-
    48  six  hundred  two of this chapter. Such aid shall be paid to such school
    49  district or to the board of cooperative educational services  on  behalf
    50  of  such  school  district  where  the  board of cooperative educational
    51  services operates the regional secondary school. The school district  or
    52  board of cooperative educational services shall allocate the local share
    53  of  the  costs of such projects to the participating school districts in
    54  accordance with its contract entered into pursuant to  section  nineteen
    55  hundred  twenty-one  or nineteen hundred twenty-two of this article. The
    56  costs of such projects shall not be eligible for aid pursuant to  subdi-

        A. 6467                            12
     1  vision  six-b  or paragraph c of subdivision fourteen of section thirty-
     2  six hundred two of this chapter.
     3    3.  Notwithstanding any provision of section nineteen hundred fifty or
     4  nineteen hundred fifty-one of this title to the contrary, in the case of
     5  a regional secondary school operated by a board  of  cooperative  educa-
     6  tional  services  that  is housed in a facility owned by a participating
     7  school district, the capital expenses for  building  projects  involving
     8  the  regional  secondary school shall be a charge upon the participating
     9  school districts only, and such costs shall not be  allocated  to  other
    10  component  school districts. Such capital expenses shall not be eligible
    11  for aid pursuant to subdivision five of section nineteen  hundred  fifty
    12  of  this title. Provided, however, that costs of aidable shared services
    13  provided by the board of cooperative educational services to  supplement
    14  the  programs of the regional secondary school shall be eligible for aid
    15  pursuant to such subdivision five of section nineteen hundred fifty, the
    16  administrative expenses attributable to the  regional  secondary  school
    17  and  the  capital  expenses  attributable to a regional secondary school
    18  housed in a facility owned  by  the  board  of  cooperative  educational
    19  services  shall be allocated to component school districts in accordance
    20  with section nineteen hundred fifty or  nineteen  hundred  fifty-one  of
    21  this  title  and  shall be eligible for aid pursuant to such subdivision
    22  five of section nineteen hundred fifty.
    23    4. The board of education of each school district participating  in  a
    24  regional secondary school pursuant to this article shall be eligible for
    25  additional state aid in accordance with paragraph k of subdivision four-
    26  teen of section thirty-six hundred two of this chapter.
    27    § 1924. Regional secondary school advisory committee. 1. Each regional
    28  secondary school established and operated pursuant to this article shall
    29  establish  an  advisory  committee.  The  advisory  committee  shall  be
    30  composed of the president of the board of education of each  participat-
    31  ing  school  district,  the  president of the board of education of each
    32  supervisory board of cooperative educational services, where applicable,
    33  and the superintendent of each participating  school  district  and  the
    34  superintendent of the supervisory district in which the regional second-
    35  ary  school  is  located. The superintendent of the supervisory district
    36  shall be the chair of the advisory committee.
    37    2. The advisory committee shall convene, at the call of the chair, not
    38  less than four times during each school year during which  the  regional
    39  secondary  school operates. During such meetings, the advisory committee
    40  shall review the operation of the regional  secondary  school  and  make
    41  recommendations  to  the  hosting  district  or the supervisory board of
    42  cooperative educational services, as the case may be, on  the  continued
    43  operation of such secondary school.
    44    §  3. Subdivision 4 of section 1950 of the education law is amended by
    45  adding a new paragraph pp to read as follows:
    46    pp. Pursuant to article thirty-nine-A of this title, a board of  coop-
    47  erative  educational  services  may  enter into an agreement with two or
    48  more school districts eligible  to  enter  into  such  an  agreement  in
    49  accordance with section nineteen hundred twenty-two of this title, which
    50  may  include  city  school  districts, central school districts, central
    51  high school districts, union free school districts, and/or common school
    52  districts which are wholly contained within the supervisory district  of
    53  the  board  of  cooperative  educational  services,  to  form a regional
    54  secondary school to be operated by the board of cooperative  educational
    55  services.  The  board of cooperative educational services shall have the
    56  same powers and duties with respect to such regional secondary school as

        A. 6467                            13
     1  the board of education of a union free school district has with  respect
     2  to  its  schools,  consistent  with  the terms of its agreement with the
     3  participating school districts.
     4    § 4. Paragraph h of subdivision 4 of section 1950 of the education law
     5  is  amended  by  adding three new subparagraphs 12, 13 and 14 to read as
     6  follows:
     7    (12) To enter into contracts as necessary or convenient to  operate  a
     8  regional  secondary  school as established pursuant to the provisions of
     9  section nineteen hundred twenty-one of this title.
    10    (13) To develop core curriculum  for  students  attending  a  regional
    11  secondary school established pursuant to the provisions of section nine-
    12  teen hundred twenty-two of this title.
    13    (14)  To  issue regents and other high school diplomas to students who
    14  graduate from a regional secondary school established  pursuant  to  the
    15  provisions  of  section nineteen hundred twenty-one of this title, under
    16  the same conditions as a school district.
    17    § 5. Paragraph b of subdivision 4 of section 1950 of the education law
    18  is amended by adding a new subparagraph 8 to read as follows:
    19    (8) For regional secondary schools  established  pursuant  to  section
    20  nineteen  hundred  twenty-two  of  this  title, the board of cooperative
    21  educational services shall prepare and propose  a  tentative  budget  of
    22  expenditures  for  program,  administrative and capital costs to operate
    23  the regional secondary school in the ensuing school year. Such  proposed
    24  budget shall be provided to the board of education of each participating
    25  school  district  of the regional secondary school, by the date provided
    26  in the agreement entered into pursuant to such section nineteen  hundred
    27  twenty-two. The board of education of each participating school district
    28  shall  be  afforded an opportunity to review and comment on the proposed
    29  budget prior to its final adoption by the board  of  cooperative  educa-
    30  tional services.
    31    § 6. Subdivision 14 of section 3602 of the education law is amended by
    32  adding a new paragraph k to read as follows:
    33    k.  Transition  incentive  aid  for  regional  secondary  schools. (1)
    34  Notwithstanding the provisions of paragraphs a through g of this  subdi-
    35  vision,  for  aid payable in the two thousand twenty--two thousand twen-
    36  ty-one school year or thereafter, school districts that are  parties  to
    37  an agreement to establish and operate a regional secondary school pursu-
    38  ant  to  article  thirty-nine-A of this chapter entered into on or after
    39  July first, two thousand nineteen  and  participated  in  such  regional
    40  secondary  school  in  the  base  year  shall be eligible for transition
    41  incentive aid pursuant to this paragraph  provided  that  the  following
    42  conditions are met:
    43    (i)  the  regional  secondary  school  agreement includes at least two
    44  school districts, each of which previously maintained its own  secondary
    45  schools,  and  has ceased district operation of at least one high school
    46  or junior high  school  following  the  establishment  of  the  regional
    47  secondary school, or
    48    (ii)  the  regional  secondary  school agreement includes at least one
    49  school district which previously  maintained  its  own  high  school  or
    50  junior  high school, and does not maintain its own high school or junior
    51  high school  following  the  establishment  of  the  regional  secondary
    52  school, and in addition thereto, includes at least one additional school
    53  district employing eight or more teachers that do not maintain their own
    54  high school or junior high school;
    55    (2)  In each of the first thirteen years in which a school district is
    56  party to such agreement, such district shall be entitled  to  an  appor-

        A. 6467                            14
     1  tionment equal to the product of (i) thirty percent of the apportionment
     2  computed  in  accordance  with  the  provisions of paragraph d-1 of this
     3  subdivision, multiplied by (ii) the quotient of  the  number  of  pupils
     4  within  such  school district attending the regional secondary school in
     5  the base year divided by the resident public school district  enrollment
     6  of  such school district within the grades of the new regional secondary
     7  school or schools; provided further that such districts shall be  eligi-
     8  ble  to  receive an additional apportionment equal to the product of (i)
     9  ten percent  of  the  apportionment  computed  in  accordance  with  the
    10  provisions  of  paragraph d-1 of this subdivision multiplied by (ii) the
    11  quotient of the number of pupils within such school  district  attending
    12  the  regional  secondary school in the base year divided by the resident
    13  public school district enrollment of such  school  district  within  the
    14  grades  of  the  new  regional  secondary school or schools upon meeting
    15  academic achievement goals as established by the commissioner in accord-
    16  ance with a methodology prescribed in the regulations of the commission-
    17  er. In no case shall the sum of such apportionments under this paragraph
    18  plus the selected operating aid per pupil be more than a total of  nine-
    19  ty-five per centum of the year prior to the base year approved operating
    20  expense.  School  districts  which  receive  an apportionment under this
    21  paragraph shall not be eligible for an apportionment under paragraph  c,
    22  f or j of this subdivision.
    23    (3)  The  apportionment  that  a  school district shall be entitled to
    24  receive pursuant to subparagraph two of this paragraph shall be reduced,
    25  after the third year it has received such apportionments, by the  amount
    26  of ten percent for each year such school district is entitled to receive
    27  such apportionment.
    28    §  7.  This  act shall take effect July 1, 2019, provided that if this
    29  act becomes a law after such date, it shall take effect immediately  and
    30  be  deemed  to  have  been in full force and effect on and after July 1,
    31  2019.
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