Authorizes two or more school districts to enter into a contract to establish and operate a regional high school

Summary of specific provisions

The Education Law is amended by adding a new article 39-A with Sections 1920, 1921 and 1922.

Section 1920 authorizes two or more school districts that are wholly contained within the same BOCES district, to enter into a contract to allow a hosting school district or BOCES operate a regional high school. The contract shall be for a minimum of two years and with the approval of the Commissioner may be renewed by mutual agreement of the respective boards of education.

The contract shall also stipulate the manner of transportation of the students and that the cost shall be charged to the student's district of residence. The regional high school shall also operate its own extracurricular activities and athletics.

The contract shall provide that all teachers and other staff members of the participating school districts, except the superintendent of schools whose services are no longer needed because of the creation of a regional high school, or the transference of students to an existing regional high school, shall be granted employments rights in the host school district. Teachers and all other employees previously employed by participating districts shall be considered employees of the hosting school district. Teacher and employee transfer and seniority rights shall be recognized in accordance with current state education law.

The contract shall also specify that the regional high school shall be solely responsible for the implementation and completion of all academic achievement standards for the students of participating school districts.

Section 1921: provides that if BOCES is chosen as the administrative head, BOCES shall take over all educational programs of the regional high school and all responsibility for academic standards. It also provides that employees of the regional high school shall be employees of BOCES. Upon termination of the regional high school contract, the employees shall become employees of the hosting school district of the regional high school. The program and administrative expenses of the regional high school shall be a charge upon the school districts participating in the regional high school, and BOCES shall portion such expenses to the participating schools in the manner prescribed in the contract establishing the regional high school.

This section also provides that all schools and other facilities of the participating school districts of the regional high school which are used by BOCES in the operation of the regional high school, shall be deemed leased to BOCES at no cost. Additionally, students receiving instruction shall be deemed to be enrolled in their participating school district, and not BOCES. The participating school district shall remain responsible for the performance of its regional high school students under the state educational accountability system.

Section 1922 provides that the boards of education which are parties to an agreement to operate a regional high school and do in fact operate one shall be eligible for additional state aid pursuant to section 3602 of state education law.

Justification

This bill has been requested by several school districts and BOCES districts that would like the opportunity to share resources and cut costs while providing continued quality education for students.

In many districts in upstate New York-particularly in rural areas, schools have faced declining enrollment while standard operating costs and mandated and contractual expenses continue to rise. This bill would allow schools to consolidate resources, take advantage of regional resources and save taxpayers and school districts money.

The New York State Rural Schools Association has encouraged consideration of this option for several years. They work to help school districts address issues of declining enrollment and loss of tax base. They believe that regional high schools can enrich opportunities for secondary students by offering full curricular, co-curricular and interscholastic programs. They support the approach of having either a hosting school district or BOCES administer the programs because it keeps regional high schools within existing governance structures and does not create new layers of school governance.

Prior legislative history

This is a new bill.

Fiscal implications

None. Cost savings will be realized by participating school districts.

Effective date

The bill takes effect immediately.