Bill S3893A-2013

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

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

Details

Actions

  • Jan 30, 2014: PRINT NUMBER 3893A
  • Jan 30, 2014: AMEND AND RECOMMIT TO EDUCATION
  • Jan 8, 2014: REFERRED TO EDUCATION
  • Feb 26, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S3893A

TITLE OF BILL: An act to amend the education law, in relation to authorizing the establishment 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 new Section 1920, and by adding a new paragraph to Subdivision 14 of Section 3602 of the education law regarding regional high school incentive aid.

Section 1920: authorizes two or more school districts that are wholly contained within the same BOCES district 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 the 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 extracurricular activities and athletics, except in the case of modified athletic teams, mixed grade music and band programs and joint grade extracurricular 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 evaluation, 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 incentive aid. This section provides that each school district would get regional high school incentive aid in addition to their normal foundation aid for each student they are sending to the regional high school. The incentive aid piece in the bill provides for 40 percent of the normal reorganization 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 ore-K through 8 programs.

Section three of the bill provides for an immediate effective date.

JUSTIFICATION: This bill has been requested by several school districts across the state that would like the opportunity to improve educational outcomes by sharing resources and opportunities on a regional basis.

In many districts in New York-particularly in rural areas, schools have faced declining enrollment while standard operating costs and mandated and contractual expenses continue to rise. This bill would

allow schools to consolidate resources, take advantage of regional resources and save taxpayers and school districts money.

This bill would authorize school districts in the state, at local option, to enter into a regional high school operating agreement contract with at least one or more schools within their own BOCES supervisory district. This reorganization option is important because it can help schools maintain local identity because they are so often the focal point of the community. This bill helps them do that while providing aid for them to actually strengthen lower grade levels, which will improve educational outcomes for all the students in the participating school districts.

The New York State Rural Schools Association (RSA) has encouraged consideration of this option for several years. They work to help school districts address issues of declining enrollment and loss of tax base. They believe that some schools could benefit greatly from having a regional high school because they can enrich opportunities for secondary students by offering full curricular, co-curricular and interscholastic programs. RSA supports the approach of having a hosting district administer the programs because it keeps regional high schools within existing governance structures and does not create new layers of school governance.

The New York State Board of Regents and the State Education Department have recently indicated their support of legislation to authorize regional high schools. Also, the Governor's Education Reform Task Force in their final recommendation report of November 2012, encouraged the Legislature to enact legislation authorizing regional high schools as an option for school reorganizations. Further, many education stakeholder groups have endorsed the proposal given the fact that it has worked well in other states and would be a way to improve educational outcomes while helping schools deal with the increasingly higher costs of educating students in the state.

PRIOR LEGISLATIVE HISTORY: 2012: S.5247-A Referred to Education 2011: S.5247-A Committed to Rules

FISCAL IMPLICATIONS: None. Cost savings will be realized by participating school districts.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3893--A 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to 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. S 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 SAME BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY 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
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,
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
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
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. S 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 FOURTEEN, 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
(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. S 3. This act shall take effect immediately.

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