Bill Text: NY S05247 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes two or more school districts to enter into a contract to establish and operate a regional high school.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S05247 Detail]
Download: New_York-2011-S05247-Introduced.html
Bill Title: Authorizes two or more school districts to enter into a contract to establish and operate a regional high school.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S05247 Detail]
Download: New_York-2011-S05247-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5247
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
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 school 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 1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
7 1922. ADDITIONAL STATE AID.
8 S 1920. REGIONAL HIGH SCHOOL; ESTABLISHMENT. A REGIONAL HIGH SCHOOL
9 MAY BE FORMED BY A CONTRACT ENTERED INTO BY 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. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE PROVISIONS
16 OF THIS CHAPTER AS TO THE COURSES OF STUDY, THE QUALIFICATIONS AND
17 EMPLOYMENT OF TEACHERS AND OTHER STAFF, AND THE MAINTENANCE, CONDUCT AND
18 SUPERVISION OF PUBLIC SCHOOLS IN CENTRAL SCHOOL DISTRICTS SHALL APPLY TO
19 A REGIONAL HIGH SCHOOL. ANY CONTRACT FOR A REGIONAL HIGH SCHOOL SHALL BE
20 SUBJECT TO APPROVAL BY THE COMMISSIONER, AND THE REGIONAL HIGH SCHOOL
21 AND THE CONTRACT SHALL MEET THE FOLLOWING REQUIREMENTS:
22 1. THE CONTRACT SHALL BE FOR A PERIOD OF NOT LESS THAN TWO SCHOOL
23 YEARS AND, WITH THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED BY
24 MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10142-02-1
S. 5247 2
1 2. THE REGIONAL HIGH SCHOOL SHALL COMMENCE OPERATIONS ON THE FIRST OF
2 JULY, AND SHALL NOT CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY
3 SCHOOL YEAR;
4 3. THE CONTRACT SHALL STATE THAT THE REGIONAL HIGH SCHOOL WILL BE
5 OPERATED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO A
6 CONTRACT AUTHORIZED BY SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS ARTI-
7 CLE;
8 4. THE CONTRACT SHALL SPECIFY THE MANNER IN WHICH THE STUDENTS OF EACH
9 PARTICIPATING SCHOOL DISTRICT SHALL BE TRANSPORTED TO THE REGIONAL HIGH
10 SCHOOL, AND THE COST OF SUCH TRANSPORTATION SHALL BE A CHARGE AGAINST
11 EACH SUCH PARTICIPATING SCHOOL DISTRICT AND BE FUNDED IN THE SAME MANNER
12 AS TRANSPORTATION PROVIDED PURSUANT TO SECTION THIRTY-SIX HUNDRED THIR-
13 TY-FIVE OF THIS CHAPTER;
14 5. SUCH REGIONAL HIGH SCHOOL SHALL OPERATE ITS OWN EXTRA-CURRICULAR
15 ACTIVITIES AND INTER-SCHOLASTIC ATHLETICS, AND THE STUDENTS ATTENDING
16 SUCH REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE TO PARTICIPATE IN SUCH
17 ACTIVITIES AND ATHLETICS AND SHALL NOT BE ELIGIBLE TO PARTICIPATE IN
18 SUCH ACTIVITIES AND ATHLETICS OF THEIR PARTICIPATING SCHOOL DISTRICT;
19 6. THIS SECTION SHALL IN NO WAY BE CONSTRUED TO LIMIT THE RIGHTS OF
20 ANY OF SUCH TEACHERS OR OTHER EMPLOYEES DESCRIBED IN THIS SECTION GRANT-
21 ED BY ANY OTHER PROVISION OF LAW.
22 S 1921. OPERATION BY BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
23 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARDS
24 OF EDUCATION WHICH ARE PARTIES TO AN AGREEMENT TO OPERATE A REGIONAL
25 HIGH SCHOOL, WITH THE APPROVAL OF THE COMMISSIONER, MAY CONTRACT WITH
26 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF THE SUPERVISORY
27 DISTRICT IN WHICH THEY ARE LOCATED FOR THE MANAGEMENT AND OPERATION OF
28 THE REGIONAL HIGH SCHOOL. SUCH CONTRACT SHALL BE FOR A PERIOD OF NOT
29 LESS THAN TWO SCHOOL YEARS AND, WITH THE APPROVAL OF THE COMMISSIONER,
30 MAY BE RENEWED BY MUTUAL AGREEMENT OF THE BOARDS OF EDUCATION AND THE
31 BOARD OF COOPERATIVE EDUCATIONAL SERVICES. EVERY SUCH CONTRACT SHALL
32 PROVIDE FOR THE COMMENCEMENT OF OPERATIONS OF THE REGIONAL HIGH SCHOOL
33 ON THE FIRST OF JULY, AND SHALL ONLY CEASE OPERATIONS ON THE THIRTIETH
34 OF JUNE OF ANY SCHOOL YEAR.
35 1. UPON ENTRY INTO SUCH CONTRACT, THE BOARD OF COOPERATIVE EDUCATIONAL
36 SERVICES SHALL TAKE OVER ALL OF THE EDUCATIONAL PROGRAMS OF THE REGIONAL
37 HIGH SCHOOL, AND ANY EMPLOYEES OF THE REGIONAL HIGH SCHOOL OR OF THE
38 PARTICIPATING SCHOOL DISTRICTS, AS THE CASE MAY BE, SHALL BECOME EMPLOY-
39 EES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND THE PROVISIONS
40 OF SECTION THREE THOUSAND FOURTEEN-A OF THIS CHAPTER SHALL APPLY. SUCH
41 EMPLOYEES SHALL BE EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL
42 SERVICES AND SHALL NOT BE DEEMED EMPLOYEES OF THE REGIONAL HIGH SCHOOL
43 OR THE PARTICIPATING SCHOOL DISTRICTS FOR ANY PURPOSE. UPON TERMINATION
44 OF THE CONTRACT, THE REGIONAL HIGH SCHOOL OR THE PARTICIPATING SCHOOL
45 DISTRICTS, AS THE CASE MAY BE, SHALL TAKE OVER THE EDUCATIONAL PROGRAMS
46 AND THE EMPLOYEES SHALL BECOME EMPLOYEES OF THE HOSTING SCHOOL DISTRICT
47 OF THE REGIONAL HIGH SCHOOL, AND THE PROVISIONS OF SECTION THREE THOU-
48 SAND FOURTEEN-B OF THIS CHAPTER SHALL APPLY.
49 2. NOTWITHSTANDING ANY PROVISIONS OF SECTION NINETEEN HUNDRED FIFTY OF
50 THIS TITLE OR ANY OTHER LAW TO THE CONTRARY, THE PROGRAM AND ADMINISTRA-
51 TIVE EXPENSES ATTRIBUTABLE TO THE PROGRAMS OF THE REGIONAL HIGH SCHOOL
52 SHALL BE A CHARGE UPON THE SCHOOL DISTRICTS PARTICIPATING IN THE
53 REGIONAL HIGH SCHOOL, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
54 SHALL PORTION SUCH EXPENSES TO THE SCHOOL DISTRICTS PARTICIPATING IN THE
55 REGIONAL HIGH SCHOOL IN THE MANNER PRESCRIBED IN THE CONTRACT BETWEEN
56 THE PARTICIPATING SCHOOL DISTRICTS AND THE BOARD OF COOPERATIVE EDUCA-
S. 5247 3
1 TIONAL SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT
2 CHARGE ANY PORTION OF THE PROGRAM OR ADMINISTRATIVE EXPENSES INCURRED
3 PURSUANT TO THIS SUBDIVISION TO ITS OTHER COMPONENT SCHOOL DISTRICTS.
4 SUCH ADMINISTRATIVE AND PROGRAM EXPENSES SHALL NOT BE ELIGIBLE FOR AID
5 PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY OF THIS
6 TITLE, BUT SHALL BE ELIGIBLE FOR AID PURSUANT TO SECTION THIRTY-SIX
7 HUNDRED TWO OF THIS CHAPTER TO THE SAME EXTENT AS THE EXPENSES OF ANY
8 OTHER HIGH SCHOOL EDUCATION PROGRAM. NOTHING IN THIS SUBDIVISION SHALL
9 BE CONSTRUED TO PREVENT THE PARTICIPATING SCHOOL DISTRICTS FROM
10 CONTRACTING WITH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR AIDA-
11 BLE SHARED SERVICES IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS
12 ANY OTHER COMPONENT SCHOOL DISTRICT, AND THE COST OF SUCH AIDABLE SHARED
13 SERVICES SHALL BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF
14 SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE.
15 3. DURING THE TERM OF A CONTRACT PURSUANT TO THIS SECTION, ALL SCHOOLS
16 AND OTHER FACILITIES OF THE PARTICIPATING SCHOOL DISTRICTS OF THE
17 REGIONAL HIGH SCHOOL WHICH ARE USED BY THE BOARD OF COOPERATIVE EDUCA-
18 TIONAL SERVICES IN THE OPERATION OF THE REGIONAL HIGH SCHOOL SHALL BE
19 DEEMED LEASED TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AT NO
20 COST. SUCH SCHOOLS AND OTHER FACILITIES SHALL REMAIN THE PROPERTY OF THE
21 PARTICIPATING SCHOOL DISTRICTS AND ANY CAPITAL EXPENSES AND BUILDING
22 MAINTENANCE COSTS INCURRED WITH RESPECT TO SUCH FACILITIES SHALL BE A
23 CHARGE UPON THE PARTICIPATING SCHOOL DISTRICTS IN ACCORDANCE WITH THE
24 TERMS OF THE CONTRACT. SUCH CAPITAL EXPENSES AND MAINTENANCE COSTS SHALL
25 NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN
26 HUNDRED FIFTY OF THIS TITLE BUT SHALL BE ELIGIBLE FOR AID PURSUANT TO
27 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER TO THE SAME EXTENT AS
28 SUCH EXPENSES OF ANY OTHER SCHOOL DISTRICT.
29 4. STUDENTS RECEIVING INSTRUCTION FROM THE REGIONAL HIGH SCHOOL SHALL
30 NOT BE DEEMED TO BE ENROLLED IN THE BOARD OF COOPERATIVE EDUCATIONAL
31 SERVICES, EXCEPT TO THE EXTENT THAT THEY ARE PARTICIPATING IN A SHARED
32 SERVICE IN THEIR ENROLLMENT AND ATTENDANCE WHICH SHALL BE INCLUDED IN
33 THE ENROLLMENT AND ATTENDANCE COUNTS OF THE PARTICIPATING SCHOOL
34 DISTRICTS FOR THE PURPOSES OF STATE AID. HIGH SCHOOL DIPLOMAS SHALL BE
35 ISSUED BY THE PARTICIPATING SCHOOL DISTRICTS AND THE BOARD OF EDUCATION
36 OF EACH PARTICIPATING SCHOOL DISTRICT SHALL REMAIN RESPONSIBLE FOR THE
37 PERFORMANCE OF ITS STUDENTS IN THE REGIONAL HIGH SCHOOL UNDER THE STATE
38 ACCOUNTABILITY SYSTEM AS IF THE STUDENTS OF EACH PARTICIPATING DISTRICT
39 WHERE IN ATTENDANCE AT A HIGH SCHOOL OPERATED BY THE PARTICIPATING
40 DISTRICT.
41 S 1922. ADDITIONAL STATE AID. NOTWITHSTANDING ANY OTHER PROVISION OF
42 LAW TO THE CONTRARY, THE BOARDS OF EDUCATION WHICH ARE PARTIES TO AN
43 AGREEMENT TO OPERATE A REGIONAL HIGH SCHOOL AND WHICH DO IN FACT OPERATE
44 A REGIONAL HIGH SCHOOL SHALL BE ELIGIBLE FOR ADDITIONAL STATE AID PURSU-
45 ANT TO SUBDIVISION FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
46 CHAPTER IN THE SAME MANNER AND TO THE SAME EXTENT AS A SCHOOL DISTRICT
47 WHICH QUALIFIES FOR SUCH AID PURSUANT TO PARAGRAPH J OF SUBDIVISION
48 FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
49 S 2. This act shall take effect immediately.
