Bill Text: NY S00953 | 2019-2020 | General Assembly | Introduced
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) 2019-01-09 - REFERRED TO EDUCATION [S00953 Detail]
Download: New_York-2019-S00953-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 953 2019-2020 Regular Sessions IN SENATE January 9, 2019 ___________ 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 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 § 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 Cattaraugus-Allegany-Erie-Wyoming board of cooperative educa- 15 tional services supervisory district, the Erie 2 Chautauqua-Cattaraugus 16 board of cooperative educational services supervisory district, or the 17 Greater Southern Tier board of cooperative educational services supervi- 18 sory district. Thereafter, if two or more school districts adopt such a 19 resolution, the board of education of each school district proposing to 20 establish the regional high school shall, not less than thirty days 21 prior to any vote of its electors upon the resolution, conduct a meeting 22 open to the public upon the terms and conditions of such resolution. The 23 adoption of the resolution for the establishment of a regional high 24 school shall be subject to approval thereof, by majority vote, of all 25 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. LBD04142-01-9S. 953 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. 953 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 theS. 953 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 appealsS. 953 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 § 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 nineteen, 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, andS. 953 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 § 3. This act shall take effect immediately.