Bill Text: NY S03893 | 2013-2014 | General Assembly | Amended


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-30 - PRINT NUMBER 3893A [S03893 Detail]

Download: New_York-2013-S03893-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3893--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   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:
    1    Section  1.  The education law is amended by adding a new article 39-A
    2  to read as follows:
    3                                 ARTICLE 39-A
    4                            REGIONAL HIGH SCHOOLS
    5  SECTION 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT.
    6    S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. THE  ESTABLISHMENT  OF  A
    7  REGIONAL  HIGH  SCHOOL  SHALL BE COMMENCED UPON THE ADOPTION OF A RESOL-
    8  UTION PROPOSING THE ESTABLISHMENT OF SUCH A  HIGH  SCHOOL,  BY  MAJORITY
    9  VOTE,  OF  EACH  OF  THE  BOARDS  OF  EDUCATION  OF  TWO  OR MORE SCHOOL
   10  DISTRICTS, WHICH ARE CITY SCHOOL DISTRICTS IN CITIES HAVING A POPULATION
   11  OF LESS THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  CENTRAL
   12  SCHOOL  DISTRICTS,  UNION  FREE  SCHOOL  DISTRICTS  AND/OR COMMON SCHOOL
   13  DISTRICTS, PROVIDED THAT ALL SUCH SCHOOL DISTRICTS ARE WHOLLY  CONTAINED
   14  WITHIN  THE  SAME  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY
   15  DISTRICT.  THEREAFTER, IF TWO OR MORE  SCHOOL  DISTRICTS  ADOPT  SUCH  A
   16  RESOLUTION,  THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PROPOSING TO
   17  ESTABLISH THE REGIONAL HIGH SCHOOL SHALL,  NOT  LESS  THAN  THIRTY  DAYS
   18  PRIOR TO ANY VOTE OF ITS ELECTORS UPON THE RESOLUTION, CONDUCT A MEETING
   19  OPEN TO THE PUBLIC UPON THE TERMS AND CONDITIONS OF SUCH RESOLUTION. THE
   20  ADOPTION  OF  THE  RESOLUTION  FOR  THE ESTABLISHMENT OF A REGIONAL HIGH
   21  SCHOOL SHALL BE SUBJECT TO APPROVAL THEREOF, BY MAJORITY  VOTE,  OF  ALL
   22  ELECTORS  OF THE SCHOOL DISTRICTS PROPOSING TO ESTABLISH A REGIONAL HIGH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09291-02-4
       S. 3893--A                          2
    1  SCHOOL, SUCH ELECTION BEING CONDUCTED WITHIN EACH  SCHOOL  DISTRICT  AND
    2  THE  VOTES  THEREIN  BEING  COMPILED AT A CENTRAL LOCATION BY A BOARD OF
    3  CANVASS ESTABLISHED BY THE BOARDS OF EDUCATION OF SUCH SCHOOL DISTRICTS.
    4  UPON  APPROVAL  BY  THE  ELECTORS  OF THE SCHOOL DISTRICTS THE BOARDS OF
    5  EDUCATION OF SUCH SCHOOL DISTRICTS SHALL JOINTLY  ESTABLISH  A  PROPOSED
    6  CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL. UPON ESTABLISHMENT
    7  OF A PROPOSED CONTRACT FOR THE OPERATION OF A REGIONAL HIGH SCHOOL, SUCH
    8  CONTRACT SHALL BE SUBMITTED TO THE COMMISSIONER. EVERY PROPOSED CONTRACT
    9  FOR  A  REGIONAL HIGH SCHOOL SHALL BE SUBJECT TO APPROVAL BY THE COMMIS-
   10  SIONER WHO SHALL, AS A CONDITION OF  SUCH  APPROVAL,  CERTIFY  THAT  THE
   11  CREATION  OF  A  REGIONAL HIGH SCHOOL WILL EXPAND AND IMPROVE THE EDUCA-
   12  TIONAL SERVICES AVAILABLE TO ALL STUDENTS OF SUCH HIGH SCHOOL  AND  THAT
   13  IT  CAN  RESULT  IN  ADMINISTRATIVE  EFFICIENCIES  FOR ALL PARTICIPATING
   14  DISTRICTS. IF THE  COMMISSIONER  APPROVES  THE  PROPOSED  CONTRACT,  THE
   15  REGIONAL  HIGH  SCHOOL  SHALL BE DEEMED TO HAVE BEEN ESTABLISHED, EXCEPT
   16  THAT NOTHING IN THIS SECTION SHALL PREVENT THE HIGH SCHOOL  WHICH  WOULD
   17  SERVE AS THE HOST OF THE REGIONAL HIGH SCHOOL SO ESTABLISHED TO CONTINUE
   18  TO OPERATE AS A LEGAL ENTITY UNTIL THE END OF THE SCHOOL YEAR. EXCEPT AS
   19  OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS OF THIS CHAPTER AS TO
   20  THE  COURSES  OF  STUDY,  THE QUALIFICATIONS AND EMPLOYMENT OF TEACHERS,
   21  NON-INSTRUCTIONAL  EMPLOYEES  AND  OTHER  STAFF,  AND  THE  MAINTENANCE,
   22  CONDUCT  AND  SUPERVISION  OF PUBLIC SCHOOLS IN CENTRAL SCHOOL DISTRICTS
   23  SHALL APPLY TO A REGIONAL HIGH SCHOOL. EVERY REGIONAL  HIGH  SCHOOL  AND
   24  THE CONTRACT THEREFOR SHALL MEET THE FOLLOWING REQUIREMENTS:
   25    1.  THE  CONTRACT  SHALL  BE FOR A PERIOD OF NOT LESS THAN FIVE SCHOOL
   26  YEARS AND, WITH THE APPROVAL OF THE  COMMISSIONER,  MAY  BE  RENEWED  BY
   27  MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
   28    2.  THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF
   29  JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
   30  SCHOOL YEAR;
   31    3. THE CONTRACT SHALL STATE THAT THE  REGIONAL  HIGH  SCHOOL  WILL  BE
   32  OPERATED  BY  ONE  OF  THE  PARTICIPATING  SCHOOL DISTRICTS, HEREINAFTER
   33  REFERRED TO IN THIS ARTICLE AS THE "HOSTING SCHOOL DISTRICT";
   34    4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
   35  PARTICIPATING SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL  HIGH
   36  SCHOOL,  AND  THE  COST OF SUCH TRANSPORTATION SHALL BE A CHARGE AGAINST
   37  EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
   38  AS TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED  THIR-
   39  TY-FIVE OF THIS CHAPTER;
   40    5.  IF  THE  REGIONAL  HIGH  SCHOOL  IS  OPERATED  BY A HOSTING SCHOOL
   41  DISTRICT, THE REGIONAL HIGH SCHOOL  AND  THE  CONTRACT  SHALL  MEET  THE
   42  FOLLOWING REQUIREMENTS:
   43    A.  THE CONTRACT SHALL DESIGNATE THE SITE OF THE REGIONAL HIGH SCHOOL,
   44  WHICH SHALL BE WITHIN THE BOUNDARIES OF ONE OF THE PARTICIPATING  SCHOOL
   45  DISTRICTS.  THE  HOSTING  SCHOOL  DISTRICT AND THE BOARD OF EDUCATION OF
   46  SUCH SCHOOL DISTRICT SHALL HAVE RESPONSIBILITY FOR THE OPERATION, SUPER-
   47  VISION AND MAINTENANCE OF THE REGIONAL HIGH SCHOOL, AS SHALL  BE  DESIG-
   48  NATED IN THE CONTRACT,
   49    B.  THE CONTRACT SHALL SPECIFY THAT THE STUDENTS RECEIVING INSTRUCTION
   50  FROM THE REGIONAL HIGH SCHOOL SHALL BE DEEMED  TO  BE  ENROLLED  IN  THE
   51  REGIONAL  HIGH  SCHOOL,  EXCEPT  TO THE EXTENT THAT THEIR ENROLLMENT AND
   52  ATTENDANCE SHALL BE INCLUDED IN THE ENROLLMENT AND ATTENDANCE COUNTS  OF
   53  THE  PARTICIPATING  DISTRICTS  FOR  THE  PURPOSES OF STATE AID, AND THEY
   54  SHALL BE TREATED AND COUNTED AS SUCH  FOR  PURPOSES  OF  ALL  STATE  AID
   55  CALCULATIONS PURSUANT TO THIS CHAPTER,
       S. 3893--A                          3
    1    C.  THE  REGIONAL  HIGH  SCHOOL  SHALL OPERATE ITS OWN EXTRACURRICULAR
    2  ACTIVITIES AND INTERSCHOLASTIC ATHLETICS AND THE STUDENTS ATTENDING SUCH
    3  REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES
    4  AND ATHLETICS AND SHALL NOT BE ELIGIBLE TO PARTICIPATE  IN  SUCH  ACTIV-
    5  ITIES  AND  ATHLETICS  OF THEIR PARTICIPATING SCHOOL DISTRICT, EXCEPT TO
    6  THE EXTENT THAT IF THE ACTIVITIES OR ATHLETICS  OF  THEIR  PARTICIPATING
    7  DISTRICT  ARE  DESIGNED  OR  INTENDED TO ACCOMMODATE JOINT PARTICIPATION
    8  BETWEEN STUDENTS FROM  THE  JUNIOR  HIGH  SCHOOL  OF  THE  PARTICIPATING
    9  DISTRICT  AND  THE  REGIONAL  HIGH SCHOOL INCLUDING, BUT NOT LIMITED TO,
   10  MODIFIED ATHLETIC TEAMS, MIXED GRADE MUSIC AND BAND PROGRAMS, AND  JOINT
   11  GRADE  EXTRA-CURRICULAR  PROGRAMS,  THEN  THE STUDENTS FROM THE REGIONAL
   12  HIGH SCHOOL MAY JOINTLY PARTICIPATE IN SUCH ACTIVITIES OR  ATHLETICS  IN
   13  THEIR PARTICIPATING SCHOOL DISTRICT,
   14    D.  THE  REGIONAL  HIGH SCHOOL SHALL BE RESPONSIBLE FOR THE EVALUATION
   15  AND GRADING OF THE ACADEMIC PERFORMANCE OF ALL  STUDENTS  ATTENDING  THE
   16  REGIONAL HIGH SCHOOL, AND SHALL AWARD STUDENTS THEIR DIPLOMAS UPON GRAD-
   17  UATION,
   18    E.  THE  CONTRACT  SHALL PROVIDE THAT ALL SCHOOL PRINCIPALS, ASSISTANT
   19  PRINCIPALS, OTHER  SUPERVISORY  EMPLOYEES,  TEACHERS,  NON-INSTRUCTIONAL
   20  EMPLOYEES AND OTHER STAFF MEMBERS OF THE PARTICIPATING SCHOOL DISTRICTS,
   21  EXCEPT  THE SUPERINTENDENT OF SCHOOLS, WHOSE SERVICES IN THE PARTICIPAT-
   22  ING SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE CREATION  OF  A
   23  REGIONAL  HIGH  SCHOOL  OR  THE  TRANSFERENCE OF STUDENTS TO AN EXISTING
   24  REGIONAL HIGH SCHOOL, SHALL BE GRANTED EMPLOYMENT  RIGHTS  IN  THE  HOST
   25  SCHOOL  DISTRICT  IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
   26  AND IN THE SAME MANNER AS IS PROVIDED IN SECTIONS THREE  THOUSAND  FOUR-
   27  TEEN-A AND THREE THOUSAND FOURTEEN-B OF THIS CHAPTER,
   28    F. IN ANY CASE IN WHICH A PARTICIPATING SCHOOL DISTRICT SENDS STUDENTS
   29  TO  A  REGIONAL  HIGH SCHOOL OPERATED BY A HOSTING SCHOOL DISTRICT, EACH
   30  SCHOOL PRINCIPAL, ASSISTANT PRINCIPAL,  SUPERVISORY  EMPLOYEE,  TEACHER,
   31  NON-INSTRUCTIONAL  EMPLOYEE  AND ALL OTHER EMPLOYEES PREVIOUSLY EMPLOYED
   32  IN THE EDUCATION OF SUCH STUDENTS BY SUCH PARTICIPATING SCHOOL  DISTRICT
   33  PRIOR TO THE TIME THAT SUCH PARTICIPATING DISTRICT SENDS ITS STUDENTS TO
   34  THE  REGIONAL HIGH SCHOOL SHALL BECOME MEMBERS OF THE EMPLOYEE ORGANIZA-
   35  TIONS REPRESENTING THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME  OF
   36  CREATION  OF  THE  REGIONAL  HIGH  SCHOOL UNTIL SUCH TIME AS A SUCCESSOR
   37  AGREEMENT HAS BEEN NEGOTIATED, AND SHALL PROVIDE THAT THE  DETERMINATION
   38  OF  BARGAINING UNIT STATUS AND REPRESENTATION RIGHTS SHALL BE IN ACCORD-
   39  ANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW  AND  THE  RULES  OF
   40  PROCEDURE  OF THE PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF
   41  THE REGIONAL HIGH SCHOOL THE SCHOOL  PRINCIPALS,  ASSISTANT  PRINCIPALS,
   42  SUPERVISORY  EMPLOYEES,  TEACHERS,  NON-INSTRUCTIONAL  EMPLOYEES AND ALL
   43  OTHER EMPLOYEES SHALL REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT
   44  THE SENDING SCHOOL DISTRICT TO WHICH THEY ARE SENT. FOR PURPOSES OF THIS
   45  SECTION, WHEN A PARTICIPATING SCHOOL DISTRICT TAKES BACK  STUDENTS  THAT
   46  IT  SENT  TO ANOTHER DISTRICT ON A TUITION BASIS AND SENDS SUCH STUDENTS
   47  TO A REGIONAL HIGH SCHOOL OPERATED PURSUANT TO THIS ARTICLE, THE HOSTING
   48  SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL SHALL BE DEEMED  TO  BE  THE
   49  SENDING  DISTRICT FOR PURPOSES OF THE RIGHTS AND PROTECTIONS PROVIDED IN
   50  SECTION THREE THOUSAND FOURTEEN-C OF THIS CHAPTER AND/OR ARTICLE FIVE OF
   51  THE CIVIL SERVICE LAW,
   52    G. IF THE NUMBER OF SUPERVISORY, TEACHING, NON-INSTRUCTIONAL AND OTHER
   53  POSITIONS NEEDED TO PROVIDE  THE  EDUCATIONAL  SERVICES  REQUIRED  BY  A
   54  REGIONAL  HIGH  SCHOOL  IS  LESS  THAN  THE NUMBER OF SCHOOL PRINCIPALS,
   55  ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
   56  EMPLOYEES AND OTHER EMPLOYEES ELIGIBLE TO BE CONSIDERED EMPLOYEES OF THE
       S. 3893--A                          4
    1  HOSTING SCHOOL DISTRICT OF SUCH REGIONAL  HIGH  SCHOOL  AS  PROVIDED  BY
    2  PARAGRAPH  F OF THIS SUBDIVISION, THE SERVICES OF THE SCHOOL PRINCIPALS,
    3  ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-INSTRUCTIONAL
    4  EMPLOYEES  AND OTHER EMPLOYEES HAVING THE LEAST SENIORITY IN THE PARTIC-
    5  IPATING SCHOOL DISTRICTS WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS,
    6  AS THE CASE MAY BE, OF THE POSITION SHALL BE DISCONTINUED.  SUCH  SCHOOL
    7  PRINCIPALS,  ASSISTANT PRINCIPALS, SUPERVISORY EMPLOYEES, TEACHERS, NON-
    8  INSTRUCTIONAL EMPLOYEES  AND  OTHER  EMPLOYEES  SHALL  BE  PLACED  ON  A
    9  PREFERRED  ELIGIBLE LIST OF CANDIDATES FOR APPOINTMENT TO A VACANCY THAT
   10  MAY THEREAFTER OCCUR IN AN OFFICE OR POSITION UNDER THE JURISDICTION  OF
   11  THE  PARTICIPATING  SCHOOL DISTRICT, THE "RECEIVING DISTRICT" AS DEFINED
   12  IN SECTION THREE THOUSAND FOURTEEN-C  OF  THIS  CHAPTER,  FROM  WHICH  A
   13  PARTICIPATING  SCHOOL  DISTRICT HAS TAKEN BACK STUDENTS, AND THE HOSTING
   14  SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL  SIMILAR  TO  THE  ONE  SUCH
   15  SCHOOL  PRINCIPAL, ASSISTANT PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER OR
   16  OTHER EMPLOYEE FILLED IN SUCH COMPONENT DISTRICT.   THE  SCHOOL  PRINCI-
   17  PALS,  ASSISTANT  PRINCIPALS,  SUPERVISORY  EMPLOYEES, TEACHERS, NON-IN-
   18  STRUCTIONAL EMPLOYEES AND OTHER EMPLOYEES ON SUCH PREFERRED LISTS  SHALL
   19  BE  REINSTATED  OR  APPOINTED TO SUCH VACANCIES IN SUCH CORRESPONDING OR
   20  SIMILAR POSITIONS UNDER THE JURISDICTION  OF  THE  PARTICIPATING  SCHOOL
   21  DISTRICT  OR  THE HOSTING SCHOOL DISTRICT OF THE REGIONAL HIGH SCHOOL IN
   22  THE ORDER OF THEIR  LENGTH  OF  SERVICE  IN  SUCH  PARTICIPATING  SCHOOL
   23  DISTRICT,  WITHIN  SEVEN  YEARS  FROM  THE  DATE OF THE PLACEMENT OF THE
   24  EMPLOYEE ON SAID LIST, AND
   25    H. FOR ANY SUCH SCHOOL  PRINCIPAL,  ASSISTANT  PRINCIPAL,  SUPERVISORY
   26  EMPLOYEE,  TEACHER,  NON-INSTRUCTIONAL  EMPLOYEE  OR  OTHER  EMPLOYEE AS
   27  DESCRIBED IN PARAGRAPHS E AND F OF THIS SUBDIVISION,  FOR  SALARY,  SICK
   28  LEAVE  AND  ANY  OTHER  PURPOSES, THE LENGTH OF SERVICE CREDITED IN SUCH
   29  PARTICIPATING SCHOOL DISTRICT SHALL BE CREDITED AS EMPLOYMENT TIME  WITH
   30  THE  HOSTING  SCHOOL DISTRICT IF SUCH EMPLOYEES HAVE BECOME EMPLOYEES OF
   31  THE HOSTING SCHOOL DISTRICT PURSUANT  TO  SUBDIVISION  FIFTEEN  OF  THIS
   32  SECTION;
   33    6.  THE  CONTRACT  SHALL  SPECIFY  THE  COST  OF  THE OPERATION OF THE
   34  REGIONAL HIGH SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND AN ITEM-
   35  IZED LISTING OF THE COST SAVINGS FOR EACH PARTICIPATING SCHOOL DISTRICT;
   36    7. THE CONTRACT SHALL SPECIFY THE CURRENT AND PROPOSED FUTURE SUPERVI-
   37  SORY, TEACHING, NON-INSTRUCTIONAL AND ALL OTHER EMPLOYEE STAFFING LEVELS
   38  AND PLANS OF THE REGIONAL HIGH SCHOOL;
   39    8. THE CONTRACT SHALL  SPECIFY  THE  CURRICULA  AND  CURRICULUM  PLANS
   40  OFFERED  AND PROVIDED BY THE REGIONAL HIGH SCHOOL, AND SHALL REQUIRE THE
   41  REGIONAL HIGH SCHOOL TO DOCUMENT AND DEMONSTRATE  THE  PROVISION  OF  AN
   42  IMPROVED  SCOPE OF EDUCATIONAL SERVICES TO STUDENTS IN COMPARISON TO THE
   43  SENDING SCHOOL DISTRICTS;
   44    9. THE CONTRACT SHALL SPECIFY THE CURRENT AND FUTURE ENROLLMENT LEVELS
   45  AND PLANS OF THE REGIONAL HIGH SCHOOL;
   46    10. THE CONTRACT SHALL SPECIFY THE CURRENT  AND  FUTURE  BUILDING  AND
   47  CAPITAL CONSTRUCTION PLANS FOR THE REGIONAL HIGH SCHOOL;
   48    11. THE CONTRACT SHALL SPECIFY PLANS FOR DELIVERY OF SPECIAL EDUCATION
   49  PROGRAMS  AND  SERVICES  TO  STUDENTS  WITH  DISABILITIES  ATTENDING THE
   50  REGIONAL HIGH SCHOOL, INCLUDING THE ROLES AND  RESPONSIBILITIES  OF  THE
   51  COMMITTEES  ON  SPECIAL EDUCATION OF THE HOSTING SCHOOL DISTRICT AND THE
   52  STUDENT'S SCHOOL DISTRICT OF RESIDENCE WHERE THAT IS DIFFERENT FROM  THE
   53  HOSTING SCHOOL DISTRICT;
   54    12.  THE  CONTRACT  SHALL  SPECIFY  THE  PROCEDURES  FOR DISCIPLINE OF
   55  STUDENTS ATTENDING THE REGIONAL HIGH SCHOOL,  INCLUDING  THE  APPLICABLE
   56  CODE OF CONDUCT AND PROCEDURES FOR SUPERINTENDENTS' HEARINGS AND APPEALS
       S. 3893--A                          5
    1  TO  THE  BOARD OF EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOUR-
    2  TEEN OF THIS CHAPTER;
    3    13.  THE  CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE ESTAB-
    4  LISHMENT AND OPERATION  OF  THE  REGIONAL  HIGH  SCHOOL,  INCLUDING  THE
    5  CURRENT  AND  EXPECTED  STATE AID CHANGES, EXPENDITURES AND PROPERTY TAX
    6  LEVIES;
    7    14. THE CONTRACT SHALL SPECIFY THE PLAN AND PROCEDURES FOR PARTICIPAT-
    8  ING DISTRICTS WITH REGARD TO THE ADMINISTRATIVE STRUCTURE  AND  STAFFING
    9  PLANS OF EACH SUCH PARTICIPATING DISTRICT, TOGETHER WITH THE ADMINISTRA-
   10  TIVE  STRUCTURE  AND STAFFING PLANS OF THE REGIONAL SCHOOL DISTRICT, AND
   11  SUCH CONTRACT SHALL FURTHER CONTAIN PROVISIONS WHEREBY THE BOARDS OF THE
   12  PARTICIPATING SCHOOL DISTRICTS, UPON A JOINT  RESOLUTION  ADOPTED  BY  A
   13  MAJORITY  VOTE OF EACH OF THE BOARDS OF THE PARTICIPATING DISTRICTS, AND
   14  UPON THE APPROVAL OF THE  COMMISSIONER,  SHALL  BE  AUTHORIZED  TO  MAKE
   15  AMENDMENTS TO THE CONTRACT, IN ORDER THAT THE REGIONAL HIGH SCHOOL SHALL
   16  BE OPERATED EFFECTIVELY IN ACCORDANCE WITH THE INTENT OF THIS ARTICLE;
   17    15.  THE  CONTRACT SHALL SPECIFY THAT EACH SCHOOL PRINCIPAL, ASSISTANT
   18  PRINCIPAL, SUPERVISORY EMPLOYEE, TEACHER, NON-INSTRUCTIONAL EMPLOYEE AND
   19  ALL OTHER  EMPLOYEES  PREVIOUSLY  EMPLOYED  IN  THE  EDUCATION  OF  SUCH
   20  STUDENTS  BY  SUCH  PARTICIPATING SCHOOL DISTRICT PRIOR TO THE TIME THAT
   21  SUCH PARTICIPATING DISTRICT SENDS ITS  STUDENTS  TO  THE  REGIONAL  HIGH
   22  SCHOOL  SHALL  BECOME MEMBERS OF THE EMPLOYEE ORGANIZATIONS REPRESENTING
   23  THE EMPLOYEES OF THE HOSTING DISTRICT AT THE TIME  OF  CREATION  OF  THE
   24  REGIONAL  HIGH  SCHOOL UNTIL SUCH TIME AS A SUCCESSOR AGREEMENT HAS BEEN
   25  NEGOTIATED, AND SHALL PROVIDE THAT THE DETERMINATION OF BARGAINING  UNIT
   26  STATUS  AND  REPRESENTATION  RIGHTS  SHALL BE IN ACCORDANCE WITH ARTICLE
   27  FOURTEEN OF THE CIVIL SERVICE LAW AND THE  RULES  OF  PROCEDURE  OF  THE
   28  PUBLIC EMPLOYMENT RELATIONS BOARD. UPON TERMINATION OF THE REGIONAL HIGH
   29  SCHOOL  THE SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
   30  EES, TEACHERS, NON-INSTRUCTIONAL EMPLOYEES AND ALL OTHER EMPLOYEES SHALL
   31  REVERT BACK TO THE CONTRACT CURRENTLY IN EFFECT AT  THE  SENDING  SCHOOL
   32  DISTRICT TO WHICH THEY ARE SENT;
   33    16.  THE CONTRACT SHALL SPECIFY THAT THE REGIONAL HIGH SCHOOL SHALL BE
   34  SOLELY RESPONSIBLE FOR THE IMPLEMENTATION AND COMPLETION OF ALL ACADEMIC
   35  ACHIEVEMENT  STANDARDS  FOR  THE  STUDENTS   OF   PARTICIPATING   SCHOOL
   36  DISTRICTS; AND
   37    17.  THIS  SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE RIGHTS OF
   38  ANY OF SUCH SCHOOL PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY EMPLOY-
   39  EES, TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS  SECTION  GRANTED  BY
   40  ANY OTHER PROVISION OF LAW.
   41    18. FOR PURPOSES OF THIS ARTICLE THE "HOSTING DISTRICT" SHALL MEAN THE
   42  SCHOOL  DISTRICT  WHICH  OPERATES  THE  REGIONAL HIGH SCHOOL, A "SENDING
   43  DISTRICT" SHALL MEAN A DISTRICT WHICH PARTICIPATES IN THE REGIONAL  HIGH
   44  SCHOOL  BUT  THAT  DOES  NOT  OPERATE  THE  REGIONAL  HIGH SCHOOL, AND A
   45  "PARTICIPATING DISTRICT" SHALL MEAN A  HOSTING  DISTRICT  OR  A  SENDING
   46  DISTRICT.
   47    S 2. Subdivision 14 of section 3602 of the education law is amended by
   48  adding a new paragraph k to read as follows:
   49    K. INCENTIVE OPERATING AID FOR REGIONAL HIGH SCHOOLS.  NOTWITHSTANDING
   50  THE  PROVISIONS  OF PARAGRAPHS A THROUGH J OF THIS SUBDIVISION, WHENEVER
   51  TWO OR MORE SCHOOL DISTRICTS ARE PARTIES TO AN AGREEMENT  TO  OPERATE  A
   52  REGIONAL  HIGH SCHOOL PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER,
   53  AND WHENEVER AFTER JULY FIRST, TWO THOUSAND FOURTEEN,  ALL  SUCH  SCHOOL
   54  DISTRICTS  SO SCHEDULED DO ENTER INTO AN AGREEMENT TO OPERATE A REGIONAL
   55  HIGH SCHOOL PURSUANT TO SUCH ARTICLE THIRTY-NINE-A, AND
       S. 3893--A                          6
    1    (1) WHENEVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES  AT
    2  LEAST  TWO SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN
    3  HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN  HIGH  SCHOOL  FOLLOWING  THE
    4  ESTABLISHMENT OF THE REGIONAL HIGH SCHOOL, OR
    5    (2)  WHEREVER SUCH PROPOSED REGIONAL HIGH SCHOOL AGREEMENT INCLUDES AT
    6  LEAST ONE SCHOOL DISTRICT  WHICH  PREVIOUSLY  MAINTAINED  ITS  OWN  HIGH
    7  SCHOOL,  AND  DOES NOT MAINTAIN ITS OWN HIGH SCHOOL FOLLOWING THE ESTAB-
    8  LISHMENT OF THE REGIONAL HIGH SCHOOL, AND IN ADDITION THERETO,  INCLUDES
    9  AT  LEAST  ONE ADDITIONAL SCHOOL DISTRICT EMPLOYING EIGHT OR MORE TEACH-
   10  ERS:  IN EACH YEAR IN WHICH A SCHOOL DISTRICT IS PARTY  TO  SUCH  AGREE-
   11  MENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO FORTY
   12  PERCENT  OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS
   13  OF PARAGRAPH D-1 OF THIS SUBDIVISION; BUT IN NO CASE SHALL  THE  SUM  OF
   14  SUCH  APPORTIONMENT UNDER THIS PARAGRAPH PLUS THE SELECTED OPERATING AID
   15  PER PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER  CENTUM  OF  THE  YEAR
   16  PRIOR  TO  THE  BASE  YEAR  APPROVED OPERATING EXPENSE. SCHOOL DISTRICTS
   17  WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT BE  ELIGI-
   18  BLE FOR AN APPORTIONMENT UNDER PARAGRAPH C, F OR J OF THIS SUBDIVISION.
   19    (3)  NOT  LESS  THAN  FIFTY  PERCENT  OF THE AID RECEIVED BY A SENDING
   20  SCHOOL DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE USED TO IMPROVE  ITS
   21  GRADES PRE-KINDERGARTEN THROUGH EIGHT EDUCATIONAL PROGRAMS.
   22    S 3. This act shall take effect immediately.
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