Bill Text: NY S03503 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for the establishment of regional secondary schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO EDUCATION [S03503 Detail]
Download: New_York-2015-S03503-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3503
2015-2016 Regular Sessions
I N S E N A T E
February 11, 2015
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to regional secondary
schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
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 S 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.
LBD08971-01-5
S. 3503 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 S 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 S 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:
S. 3503 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-
S. 3503 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.
S. 3503 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
S. 3503 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.
S. 3503 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 S 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;
S. 3503 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,
S. 3503 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
S. 3503 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
S. 3503 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 S 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
48 THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID TO SUCH
49 SCHOOL DISTRICT OR TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON
50 BEHALF OF SUCH SCHOOL DISTRICT WHERE THE BOARD OF COOPERATIVE EDUCA-
51 TIONAL SERVICES OPERATES THE REGIONAL SECONDARY SCHOOL. THE SCHOOL
52 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE
53 LOCAL SHARE OF THE COSTS OF SUCH PROJECTS TO THE PARTICIPATING SCHOOL
54 DISTRICTS IN ACCORDANCE WITH ITS CONTRACT ENTERED INTO PURSUANT TO
55 SECTION NINETEEN HUNDRED TWENTY-ONE OR NINETEEN HUNDRED TWENTY-TWO OF
56 THIS ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID
S. 3503 12
1 PURSUANT TO SUBDIVISION SIX-B OR PARAGRAPH C OF SUBDIVISION FOURTEEN OF
2 SECTION THIRTY-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 S 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 S 3. Subdivision 4 of section 1950 of the education law is amended by
45 adding a new paragraph oo to read as follows:
46 OO. 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
S. 3503 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 S 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 S 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 S 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 SIXTEEN--TWO THOUSAND SEVEN-
36 TEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO AN
37 AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSUANT
38 TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER JULY
39 FIRST, TWO THOUSAND FIFTEEN AND PARTICIPATED IN SUCH REGIONAL SECONDARY
40 SCHOOL IN THE BASE YEAR SHALL BE ELIGIBLE FOR TRANSITION INCENTIVE AID
41 PURSUANT TO THIS PARAGRAPH PROVIDED THAT THE FOLLOWING CONDITIONS ARE
42 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-
S. 3503 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 S 7. This act shall take effect July 1, 2015, 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 2015.
