Bill Text: NY A06338 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to establishing regional secondary schools.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-09 - print number 6338a [A06338 Detail]
Download: New_York-2017-A06338-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 4823--A A. 6338--A 2017-2018 Regular Sessions SENATE - ASSEMBLY March 2, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, 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 IN ASSEMBLY -- Introduced by M. of A. THIELE, DiPIETRO -- read once and referred to the Committee on Education -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the establishment of 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 districts, are threatened by a 4 decline in educational opportunities and programs for their students. 5 School districts are seeking new models of delivering services to 6 students that are more cost-effective and efficient, in order to sustain 7 or enhance the quality of services and to maintain or expand the scope 8 of services offered to students. The legislature recognizes that many 9 high schools in the state are experiencing financial limitations that 10 may impair their ability to offer students the same range or quality of 11 courses that other high schools may provide. In order to ensure that 12 these districts continue to offer their students advanced course work, 13 districts should be afforded the opportunity to establish a regional 14 secondary school. Under this new model of delivering services, districts 15 will be able to streamline programs and services, increase resources, 16 and increase their purchasing power through shared services. These EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04093-02-8S. 4823--A 2 A. 6338--A 1 resultant cost savings will allow money to flow into educational 2 programs and services for students which will, in turn, help to improve 3 student performance and meet college and career readiness. 4 This legislation would establish a pilot program authorizing the 5 establishment of regional secondary schools in any county with a popu- 6 lation in excess of one million four hundred thousand inhabitants 7 according to the 2010 decennial census, excluding counties located with- 8 in a city with a population of one million inhabitants or more. This 9 pilot program will help to determine the efficacy of the regional 10 secondary schools in providing greater educational opportunities for 11 less cost. If this pilot program of regional secondary schools is 12 successful, the concept could then be expanded statewide. 13 § 2. The education law is amended by adding a new article 39-A to read 14 as follows: 15 ARTICLE 39-A 16 REGIONAL SECONDARY SCHOOLS 17 Section 1920. Establishment of a regional secondary school operated by a 18 board of education. 19 1921. Establishment of a regional secondary school operated by a 20 board of cooperative educational services. 21 1922. State aid for regional secondary schools. 22 1923. Regional secondary school advisory committee. 23 1924. Applicability. 24 § 1920. Establishment of a regional secondary school operated by a 25 board of education. 1. Notwithstanding any other provision of law to the 26 contrary, for purposes of this article, a regional secondary school 27 shall mean a high school with grades six, seven and/or eight as agreed 28 upon by each of the participating districts consistent with the grade 29 configuration of the new secondary school or schools. 30 2. A regional secondary school may be established pursuant to this 31 section by agreement of the boards of education of two or more central 32 school districts, union free school districts and/or common school 33 districts that are wholly contained within the supervisory district of a 34 board of cooperative educational services, subject to the approval of 35 the voters of each participating district. Provided, however, that a 36 component school district of a central high school district and a 37 special act school district, as defined in section four thousand one of 38 this chapter, shall not be authorized to participate in a regional 39 secondary school. A central high school district, subject to approval of 40 its voters, also may enter into an agreement with school districts other 41 than its component school districts that are wholly contained within the 42 supervisory district of a board of cooperative educational services to 43 establish a regional secondary school. Such regional secondary school 44 shall serve all of the students in each of the participating districts 45 in grades nine through twelve and may also serve students in grades six, 46 seven and/or eight as agreed upon by each of the participating districts 47 consistent with the grade configuration of the new secondary school or 48 schools, provided that each participating district shall cease district 49 operation of its high school, if the participating school district oper- 50 ates a high school. The regional secondary school may be operated by one 51 of the participating school districts upon the agreement of the other 52 participating districts, and such district shall assume the responsibil- 53 ity to operate, supervise and maintain the regional secondary school and 54 the administration of such secondary school. For purposes of this arti-S. 4823--A 3 A. 6338--A 1 cle, the school district designated as the operating district shall be 2 referred to as the hosting district. Alternatively, the regional 3 secondary school may be operated by a joint board of education estab- 4 lished pursuant to this section. The establishment of a regional second- 5 ary school shall be subject to the approval of the commissioner, in a 6 manner and timeframe, as set forth within this section. School districts 7 participating in a regional secondary school need not be geographically 8 contiguous. 9 3. To establish a regional secondary school, two or more participating 10 school districts must initially adopt, by majority vote of the board of 11 education of each participating district, a resolution proposing the 12 establishment of such regional secondary school. The resolution shall 13 indicate the proposed participating school districts and whether the 14 school would be governed by a proposed hosting district or a joint board 15 of education and the proposed term of the contract governing the 16 regional secondary school. The resolution shall be voted on by each 17 board at a meeting held no later than October first of the school year 18 prior to the school year in which the regional secondary school is 19 proposed to commence operation. If two or more school districts adopt 20 such a resolution, the resolution shall be presented in a referendum for 21 voter approval in each of the proposed participating districts. Upon 22 approval by the voters in each of the proposed participating school 23 districts, the participating school districts shall collectively enter 24 into a contract for the establishment of a regional secondary school. In 25 the event the voters do not approve such resolution, the resolution may 26 be presented for one re-vote in the proposed participating districts; 27 or, if the boards of education of one or more such districts vote to 28 rescind their resolution to participate in the regional secondary 29 school, one additional vote may be held in each of the remaining 30 proposed participating districts. In no event may more than two votes be 31 held in any proposed participating district in any school year. 32 4. With the consent of each of the participating boards of education 33 and approval of the commissioner, additional school districts otherwise 34 eligible to establish the regional secondary school may join the 35 regional secondary school in the second or a subsequent year of opera- 36 tion by adopting a board resolution and obtaining voter approval 37 substantially in the manner prescribed in subdivision two of this 38 section. 39 5. (a) Upon receipt of voter approval in each of the participating 40 school districts, such districts shall submit the proposed contract, 41 together with the plan of formation and operation of the regional 42 secondary school, to the commissioner for his or her approval, in a time 43 and manner prescribed by the commissioner. Such contract shall be an 44 intermunicipal sharing agreement pursuant to article five-G of the 45 general municipal law that complies with the requirements of this 46 section. 47 (b) The regional secondary school and the proposed contract shall meet 48 the following requirements: 49 (i) the contract shall specify its term, which shall not be less than 50 five nor more than seven school years, and shall either designate the 51 board of education of the hosting district as the governing board that 52 will operate the regional secondary school on behalf of all participat- 53 ing districts, or the joint board of education that will serve as 54 governing board for the regional secondary school. The governing board 55 shall have responsibility for the operation, supervision and maintenance 56 of the regional secondary school and shall be responsible for the admin-S. 4823--A 4 A. 6338--A 1 istration of the school, including the curriculum, grading, staffing and 2 the issuance of diplomas for all students that attend the regional 3 secondary school, as shall be designated in the contract. Provided, 4 however, that the contract may provide for issuance of the diploma by 5 the student's school district of residence upon certification by the 6 governing board that all graduation requirements of the regional second- 7 ary school have been met. The regional secondary school shall be deemed 8 a school of the governing board for accountability purposes; 9 (ii) the contract shall provide the name of the school, which shall be 10 subject to the commissioner's approval, the grades of instruction 11 intended to be served by the regional secondary school, and designate 12 the site of the regional secondary school, which shall be within the 13 boundaries of one of the participating districts and where possible, 14 should use existing buildings and/or infrastructure; 15 (iii) notwithstanding any other provision of law to the contrary, the 16 contract shall provide that each participating school district shall be 17 responsible for providing or arranging for transportation to its resi- 18 dent students attending the regional secondary school in accordance with 19 its school district policy, but without regard to any maximum mileage 20 limitation. Such transportation may be provided by contract, including 21 but not limited to a contract with one or more participating districts 22 or a board of cooperative educational services; 23 (iv) the contract shall specify that the students of each participat- 24 ing school district shall remain enrolled as students of their respec- 25 tive participating school districts, and they shall be treated and 26 counted as such for purposes of all state aid calculations pursuant to 27 this chapter; 28 (v) the contract shall either designate the board of education of the 29 hosting district to serve as the governing board of the regional second- 30 ary school or shall provide for the establishment of a new joint board 31 of education for the regional secondary school with at least five 32 members, with representatives appointed by each participating district. 33 The contract shall specify the number, term, and procedures for appoint- 34 ment of joint board members. If the districts choose to create a new 35 joint board of education, the board shall have the same powers and 36 duties with respect to the regional secondary school as a board of 37 education of a union free school district has with respect to its 38 schools under this chapter, except as modified by the terms of the 39 contract; 40 (vi) the contract shall specify the current enrollment of all partic- 41 ipating school districts and the projected total enrollment numbers of 42 the regional secondary school; 43 (vii) the contract must demonstrate how the regional secondary school 44 will provide increased educational opportunities, including courses and 45 programs in science, technology, engineering and math, to prepare 46 students for college and career readiness and improve student perform- 47 ance; 48 (viii) all teachers, teaching assistants and teacher aides of the 49 participating school districts, whose services in the participating 50 school districts are no longer needed because of the establishment of a 51 regional secondary school or the transfer of students to an existing 52 regional secondary school, as a result of a new participating school 53 district joining the regional secondary school shall immediately become 54 employees of the governing board designated in the contract, and shall 55 retain their tenure and/or employment status and the seniority gained in 56 the participating district. If the number of teaching, teaching assist-S. 4823--A 5 A. 6338--A 1 ant or teacher aide positions needed to provide the educational services 2 required by a regional secondary school is less than the number of 3 teachers, teaching assistants, and teacher aides eligible to be consid- 4 ered employees of the designated governing board of such regional 5 secondary school pursuant to this paragraph, the services of the teach- 6 ers, teaching assistants and teacher aides having the least seniority in 7 the participating school district within the tenure area or civil 8 service status, as the case may be, of the position shall be discontin- 9 ued. Any such employees who are teachers, teaching assistants or teacher 10 aides shall be placed on a preferred eligible list of candidates for 11 appointment to a vacancy that may thereafter occur in an office or posi- 12 tion under the jurisdiction of the participating school district in 13 accordance with the provisions of section twenty-five hundred ten or 14 three thousand thirteen of this chapter. For any such teacher, teaching 15 assistant or teacher aide who is retained by the governing board, for 16 salary, sick leave and any other purposes, the length of service credit- 17 ed in such participating school district prior to its participation in 18 the regional secondary school shall be credited as employment time with 19 the designated governing board; 20 (ix) upon termination of the contract pursuant to this section and the 21 return of students from the regional secondary school to the former 22 participating school district, the teachers, teaching assistants, and 23 teacher aides employed by the governing board to serve in the regional 24 secondary school shall have the same employment rights in the partic- 25 ipating school districts as teachers would have upon takeover of a board 26 of cooperative educational services program by such school districts 27 pursuant to section three thousand fourteen-b of this chapter; 28 (x) the contract shall specify the process for development of the 29 budget for the regional secondary school by the designated governing 30 board and how operating and administrative costs and the local share of 31 capital expenses attributable to the regional secondary school will be 32 allocated among the participating districts; 33 (xi) the contract shall specify the costs of the regional secondary 34 school, staffing, current and future capital construction plans and for 35 the delivery of special education programs; 36 (xii) the contract shall specify the procedures for discipline of 37 students attending the regional secondary school, including the applica- 38 ble code of conduct provided that such code of conduct meets the 39 requirements of section twenty-eight hundred one of this title and 40 procedures for superintendents' hearings and appeals to the board of 41 education pursuant to section thirty-two hundred fourteen of this chap- 42 ter; 43 (xiii) the contract shall specify the costs of the operation of the 44 regional secondary school for each participating school district and an 45 itemized listing of the cost savings for each participating school 46 district; 47 (xiv) the contract shall specify how extra-curricular activities and 48 interscholastic athletics will be provided to students of the regional 49 secondary school; 50 (xv) the contract shall specify the fiscal implications of the 51 regional secondary school including expected state aid and expected 52 changes in expenditures and property tax levies; 53 (xvi) the contract shall specify whether the employees of the regional 54 secondary school shall establish new employee organizations, pursuant to 55 article fourteen of the civil service law, for their representation, or, 56 where applicable, whether they shall become members of the applicableS. 4823--A 6 A. 6338--A 1 employee organizations representing the employees of the hosting 2 district; and 3 (xvii) the contract shall set forth any other information or analysis 4 as may be required by the regulations of the commissioner. 5 6. If the commissioner approves the proposed contract, the regional 6 secondary school shall be established. The contract shall be for a peri- 7 od of at least five and not more than seven school years and, with the 8 approval of the commissioner, may be renewed by mutual agreement of the 9 boards of education of the participating districts. The regional second- 10 ary school shall commence operations on the first of July, and shall not 11 cease operations before the thirtieth of June in any school year. 12 § 1921. Establishment of a regional secondary school operated by a 13 board of cooperative educational services. 1. Notwithstanding any other 14 provision of law to the contrary, for purposes of this article, a 15 regional secondary school shall mean a high school with grades six, 16 seven and/or eight as agreed upon by each of the participating districts 17 consistent with the grade configuration of the new secondary school or 18 schools. 19 2. A regional secondary school may be established pursuant to this 20 section by agreement of a board of cooperative educational services and 21 the boards of education of two or more central school districts, union 22 free school districts and/or common school districts that are wholly 23 contained within the supervisory district of the board of cooperative 24 educational services, subject to the approval of the voters of the 25 participating districts. Provided, however, that a component school 26 district of a central high school district and a special act school 27 district, as defined in section four thousand one of this chapter, shall 28 not be authorized to participate in a regional secondary school. A 29 central high school district, subject to approval of its voters, also 30 may enter into an agreement with the board of cooperative educational 31 services and school districts other than its component school districts 32 that are wholly contained within the supervisory district of the board 33 of cooperative educational services to establish a regional secondary 34 school. Such regional secondary school shall serve all of the students 35 in each of the participating districts in grades nine through twelve and 36 may also serve students in grades six, seven and/or eight as agreed upon 37 by each of the participating districts consistent with the grade config- 38 uration of the new secondary school or schools, provided that each 39 participating school district shall cease district operation of its high 40 school, if said participating district operates a high school. The 41 regional secondary school shall be operated by the board of cooperative 42 educational services, which shall assume the responsibility to operate, 43 supervise and maintain the regional secondary school and the adminis- 44 tration of such secondary school. The establishment of a regional 45 secondary school shall be subject to the approval of the commissioner, 46 in a manner and timeframe, as set forth within this section. School 47 districts participating in a regional secondary school need not be 48 geographically contiguous. 49 3. To establish a regional secondary school, two or more participating 50 school districts and the board of cooperative educational services must 51 initially adopt, by a majority vote of the board of education of each 52 participating district and the board of cooperative educational 53 services, a resolution proposing the establishment of such regional 54 secondary school. The resolution shall indicate that the board of coop- 55 erative educational services will operate the regional secondary school 56 on behalf of the participating districts and specify the participatingS. 4823--A 7 A. 6338--A 1 school districts and the proposed term of the contract governing the 2 regional secondary school. The resolution shall be voted on by each 3 board at a meeting held no later than October first of the school year 4 prior to the school year in which the regional secondary school is 5 proposed to commence operation. If two or more school districts and the 6 board of cooperative educational services adopt such a resolution, the 7 resolution must then be presented in a referendum for voter approval in 8 each of the proposed participating districts. Upon approval by the 9 voters in each of the participating districts, the participating school 10 districts and the board of cooperative educational services shall 11 collectively enter into a contract for the establishment of a regional 12 secondary school. In the event the voters do not approve such resol- 13 ution, the resolution may be presented for one re-vote; or, if the 14 boards of education of one or more such districts vote to rescind their 15 resolution to participate in the regional secondary school, one addi- 16 tional vote may be held in each of the remaining proposed participating 17 districts. In no event may more than two votes be held in any proposed 18 participating district in any school year. 19 4. With the consent of each of the participating boards of education 20 and the board of cooperative educational services and approval of the 21 commissioner, additional school districts otherwise eligible to estab- 22 lish the regional secondary school may join the regional secondary 23 school in the second or subsequent year of operation by adopting a board 24 resolution and obtaining voter approval substantially in the manner 25 prescribed in subdivision two of this section. 26 5. (a) Upon receipt of voter approval, the proposed contract, together 27 with the plan of formation and operation of the regional secondary 28 school, shall be submitted to the commissioner for his or her approval, 29 in a time and manner prescribed by the commissioner. Such contract shall 30 be an inter-municipal sharing agreement pursuant to article five-G of 31 the general municipal law that complies with the requirements of this 32 section. 33 (b) The regional secondary school and the proposed contract shall meet 34 the following requirements: 35 (i) the contract shall specify its term, which shall not be less than 36 five nor more than seven school years, and shall provide that the board 37 of cooperative educational services will operate the regional secondary 38 school on behalf of all participating districts. The board of cooper- 39 ative educational services shall serve as the governing body for the 40 regional secondary school and shall have responsibility for the opera- 41 tion, supervision and maintenance of the regional secondary school and 42 shall be responsible for the administration of such school, including 43 grading and the issuance of diplomas for all students that attend the 44 regional secondary school, as shall be designated in the contract. 45 Provided, however, that the contract may provide for issuance of the 46 diploma by the student's school district of residence upon certification 47 by the governing board that all graduation requirements of the regional 48 secondary school have been met. The board of cooperative educational 49 services shall also act as a school district for accountability 50 purposes; 51 (ii) the contract shall provide the name of the school, which shall be 52 subject to the commissioner's approval, the grades of instruction 53 intended to be served by the regional secondary school, and designate 54 the site of the regional secondary school, which shall be within the 55 boundaries of the supervisory district of the board of cooperativeS. 4823--A 8 A. 6338--A 1 educational services and where possible, should use existing buildings 2 and/or infrastructure; 3 (iii) notwithstanding any other provision of law, the contract shall 4 provide that each participating school district shall be responsible for 5 providing or arranging for transportation to its resident students 6 attending the regional secondary school in accordance with its school 7 district policy, but without regard to any maximum mileage limitation. 8 Such transportation may be provided by contract, including but not 9 limited to a contract with one or more participating districts or a 10 board of cooperative educational services; 11 (iv) the contract shall specify that the students of each participat- 12 ing school district shall remain enrolled as students of their respec- 13 tive participating school districts, and they shall be treated and 14 counted as such for purposes of all state aid calculations pursuant to 15 this chapter; 16 (v) the contract shall specify the current enrollment of all partic- 17 ipating school districts and the projected total enrollment numbers of 18 the regional secondary school; 19 (vi) the contract must demonstrate how the regional secondary school 20 will provide increased educational opportunities, including courses and 21 programs in science, technology, engineering and math, to prepare 22 students for college and career readiness and improve student perform- 23 ance; 24 (vii) all teachers, teaching assistants and teacher aides of the 25 participating school districts, whose services in the participating 26 school districts are no longer needed because of the establishment of a 27 regional secondary school or the transfer of students to an existing 28 regional secondary school as a result of a new participating school 29 district joining the regional secondary school, shall become employees 30 of the board of cooperative educational services, and shall retain their 31 tenure and/or employment status and the seniority gained in the partic- 32 ipating district. If the number of teaching, teaching assistant or 33 teacher aide positions needed to provide the educational services 34 required by a regional secondary school is less than the number of 35 teachers, teaching assistants or teacher aides eligible to be considered 36 employees of the board of cooperative educational services pursuant to 37 this subparagraph, the services of the teachers, teaching assistants or 38 teacher aides having the least seniority in the participating school 39 districts within the tenure area or civil service status, as the case 40 may be, of the position shall be discontinued. Any such employees who 41 are teachers, teaching assistants, or teachers aides shall have all the 42 employment rights specified in section three thousand fourteen-a of this 43 chapter. 44 (viii) upon termination of the contract pursuant to this section and 45 the return of students from the regional secondary school to the former 46 participating school district, the teachers, teaching assistants and 47 teacher aides employed by the board of cooperative educational services 48 to serve shall have the employment rights in the participating school 49 districts as specified in section three thousand fourteen-b of this 50 chapter; 51 (ix) the contract shall specify the process for development of the 52 budget for the regional secondary school by the board of cooperative 53 educational services consistent with subparagraph eight of paragraph b 54 of subdivision four of section nineteen hundred fifty of this title and 55 how operating and administrative costs and the local share of capitalS. 4823--A 9 A. 6338--A 1 expenses attributable to the regional secondary school will be allocated 2 among the participating districts; 3 (x) the contract shall specify the costs of the regional secondary 4 school, staffing, current and future capital construction plans, and the 5 delivery of special education programs; 6 (xi) the contract shall specify the cost of the operation of the 7 regional secondary school for each participating school district and an 8 itemized listing of the cost savings for each participating school 9 district; 10 (xii) the contract shall specify how extra-curricular activities and 11 interscholastic athletics will be provided to students of the regional 12 secondary school; 13 (xiii) the contract shall specify the procedures for discipline of 14 students attending the regional secondary school, including the applica- 15 ble code of conduct provided that such code of conduct meets the 16 requirements of section twenty-eight hundred one of this title and 17 procedures for superintendents' hearings and appeals to the board of 18 education pursuant to section thirty-two hundred fourteen of this chap- 19 ter; 20 (xiv) the contract shall specify whether the employees of the regional 21 secondary school shall establish new employee organizations, pursuant to 22 article fourteen of the civil service law, for their representation, or, 23 where applicable, whether they shall become members of the applicable 24 employee organizations representing the employees of the hosting 25 district; 26 (xv) the contract shall specify the fiscal implications of the 27 regional secondary school, including the current and expected state aid 28 and expected changes in expenditures and property tax levies; and 29 (xvi) the contract shall set forth any other information or analysis 30 as may be required by the regulations of the commissioner. 31 6. If the commissioner approves the proposed contract, the regional 32 secondary school shall be established. The contract shall not be for a 33 period of not less than five nor more than seven school years and, with 34 the approval of the commissioner, may be renewed by mutual agreement of 35 the boards of education of the participating districts and the supervi- 36 sory district of the board of cooperative educational services. The 37 regional secondary school shall commence operations on the first of 38 July, and shall not cease operations before the thirtieth of June in any 39 school year. 40 § 1922. State aid for regional secondary schools. 1. Students attend- 41 ing a regional secondary school shall be deemed enrolled in their school 42 district of residence and shall be included in the applicable member- 43 ship, enrollment and attendance counts of their respective school 44 districts of residence for purposes of computation of state aid to such 45 school districts. The costs of educating each such student shall be 46 included in the approved operating expense of the student's school 47 district of residence and except as otherwise provided in this section, 48 the state aid attributable to such student shall be computed in the same 49 manner as aid attributable to other resident students and shall be paya- 50 ble to the school district of residence. 51 2. Notwithstanding any other provision of law to the contrary, the 52 school district that owns the facility used to house the regional 53 secondary school shall be the only school district eligible for building 54 aid pursuant to the applicable provisions of subdivision six, six-a, 55 six-c, six-e or six-f of section thirty-six hundred two of this chapter 56 for projects involving the regional secondary school that are approvedS. 4823--A 10 A. 6338--A 1 by the qualified voters of such district after establishment of the 2 regional secondary school, provided that such aid shall be computed 3 using the building aid ratio applicable to projects of the school 4 district that owns the regional secondary school facility under the 5 provisions of paragraphs b and c of subdivision six of section thirty- 6 six hundred two of this chapter. Such aid shall be paid to such school 7 district or to the board of cooperative educational services on behalf 8 of such school district where the board of cooperative educational 9 services operates the regional secondary school. The school district or 10 board of cooperative educational services shall allocate the local share 11 of the costs of such projects to the participating school districts in 12 accordance with its contract entered into pursuant to section nineteen 13 hundred twenty or nineteen hundred twenty-one of this article. The costs 14 of such projects shall not be eligible for aid pursuant to subdivision 15 six-b or paragraph c of subdivision fourteen of section thirty-six 16 hundred two of this chapter. 17 3. Notwithstanding any provision of section nineteen hundred fifty or 18 nineteen hundred fifty-one of this title to the contrary, in the case of 19 a regional secondary school operated by a board of cooperative educa- 20 tional services that is housed in a facility owned by a participating 21 school district, the capital expenses for building projects involving 22 the regional secondary school shall be a charge upon the participating 23 school districts only, and such costs shall not be allocated to other 24 component school districts. Such capital expenses shall not be eligible 25 for aid pursuant to subdivision five of section nineteen hundred fifty 26 of this title. Provided, however, that costs of aidable shared services 27 provided by the board of cooperative educational services to supplement 28 the programs of the regional secondary school shall be eligible for aid 29 pursuant to such subdivision five of section nineteen hundred fifty, the 30 administrative expenses attributable to the regional secondary school 31 and the capital expenses attributable to a regional secondary school 32 housed in a facility owned by the board of cooperative educational 33 services shall be allocated to component school districts in accordance 34 with section nineteen hundred fifty or nineteen hundred fifty-one of 35 this title and shall be eligible for aid pursuant to such subdivision 36 five of section nineteen hundred fifty. 37 4. The board of education of each school district participating in a 38 regional secondary school pursuant to this article shall be eligible for 39 additional state aid pursuant to subdivision fourteen of section thir- 40 ty-six hundred two of this chapter in the same manner and to the same 41 extent as a school district which qualifies for such aid pursuant to 42 paragraph j of subdivision fourteen of section thirty-six hundred two of 43 this chapter; provided further that such district shall be eligible to 44 receive an additional apportionment equal to twenty-five percent of such 45 apportionment computed pursuant to subdivision fourteen of section thir- 46 ty-six hundred two of this chapter upon meeting academic achievement 47 goals as established by the commissioner in accordance with a methodol- 48 ogy prescribed in the regulations of the commissioner. In no case shall 49 the sum of such apportionments under this paragraph plus the selected 50 operating aid per pupil be more than a total of ninety-five per centum 51 of the year prior to the base year approved operating expense. 52 § 1923. Regional secondary school advisory committee. 1. Each regional 53 secondary school established and operated pursuant to this article shall 54 establish an advisory committee. The advisory committee shall be 55 composed of the president of the board of education of each participat- 56 ing school district, the president of the board of education of eachS. 4823--A 11 A. 6338--A 1 supervisory board of cooperative educational services, where applicable, 2 and the superintendent of each participating school district and the 3 superintendent of the supervisory district in which the regional second- 4 ary school is located. The superintendent of the supervisory district 5 shall be the chair of the advisory committee. 6 2. The advisory committee shall convene, at the call of the chair, not 7 less than four times during each school year during which the regional 8 secondary school operates. During such meetings, the advisory committee 9 shall review the operation of the regional secondary school and make 10 recommendations to the hosting district or the supervisory board of 11 cooperative educational services, as the case may be, on the continued 12 operation of such secondary school. 13 § 1924. Applicability. The provisions of this article shall only be 14 applicable in counties with a population of one million four hundred 15 thousand inhabitants or more according to the 2010 decennial census, 16 excluding counties located within a city with a population of one 17 million inhabitants or more. 18 § 3. Subdivision 4 of section 1950 of the education law is amended by 19 adding a new paragraph oo to read as follows: 20 oo. Pursuant to article thirty-nine-A of this title, a board of coop- 21 erative educational services may enter into an agreement with two or 22 more school districts eligible to enter such an agreement in accordance 23 with section nineteen hundred twenty-one of this title, which may 24 include central school districts, central high school districts, union 25 free school districts, and/or common school districts which are wholly 26 contained within the supervisory district of the board of cooperative 27 educational services, to form a regional secondary school to be operated 28 by the board of cooperative educational services. The board of cooper- 29 ative educational services shall have the same powers and duties with 30 respect to such regional secondary school as the board of education of a 31 union free school district has with resect to its schools, consistent 32 with the terms of its agreement with the participating school districts. 33 § 4. Paragraph h of subdivision 4 of section 1950 of the education law 34 is amended by adding three new subparagraphs 12, 13 and 14 to read as 35 follows: 36 (12) To enter into contracts as necessary or convenient to operate a 37 regional secondary school as established pursuant to the provisions of 38 section nineteen hundred twenty-one of this title. 39 (13) To develop core curriculum for students attending a regional 40 secondary school established pursuant to the provisions of section nine- 41 teen hundred twenty-one of this title. 42 (14) To issue regents and other high school diplomas to students who 43 graduate from a regional secondary school established pursuant to the 44 provisions of section nineteen hundred twenty-one of this title, under 45 the same conditions as a school district. 46 § 5. Paragraph b of subdivision 4 of section 1950 of the education law 47 is amended by adding a new subparagraph 8 to read as follows: 48 (8) For regional secondary schools established pursuant to section 49 nineteen hundred twenty-one of this title, the board of cooperative 50 educational services shall prepare and propose a tentative budget of 51 expenditures for program, administrative and capital costs to operate 52 the regional secondary school in the ensuing school year. Such proposed 53 budget shall be provided to the board of education of each participating 54 school district of the regional secondary school, by the date provided 55 in the agreement entered into pursuant to such section nineteen hundred 56 twenty-one. The board of education of each participating school districtS. 4823--A 12 A. 6338--A 1 shall be afforded an opportunity to review and comment on the proposed 2 budget prior to its final adoption by the board of cooperative educa- 3 tional services. 4 § 6. This act shall take effect July 1, 2018, provided that if this 5 act becomes a law after such date, it shall take effect immediately and 6 be deemed to have been in full force and effect on and after July 1, 7 2018.
