Relates to regional secondary schools

Summary of the provisions of the bill

Section 1 of the bill sets forth the legislative intent for the establishment of regional secondary schools.

Section 2 of the bill adds Article 39-A (§§1920-1923), to the Education Law to authorize the establishment of two models for a regional secondary school.

Education Law § 1920, as added, establishes the first model for a regional secondary school. It would allow three or more school districts to contract with each other to form a regional secondary school to serve all or some of the students in each of the participating districts in grades nine through twelve, as well as grades six, seven and/or eight, as agreed upon by the districts. The formation of a regional secondary school would be subject to each participating district ceasing the operation of at least one of its high schools. Either one of the participating school districts or a joint board of education would be authorized to operate, supervise and maintain the regional secondary school.

With the exception of certain school districts, as further discussed below, any city school district, central school district, union free school district, or common school district wholly contained within the supervisory district would be eligible to form a regional secondary school. A component school district of a central high school district would not be eligible to participate in a regional secondary school unless, upon voter approval, a central high school entered into an agreement with school districts, other than its component districts, to establish a regional secondary school. A special act school district established through special legislation to provide services to certain students with disabilities, as defined in Education Law §4001, and as are enumerated in Chapter 566 of the Laws of 1967, would not be authorized to form a regional secondary school, without exception.

To form a regional secondary school under Article 39-A, the boards of education of each participating school district would first be required to agree to the formation of the regional secondary school and then, by a majority vote of the each board of education, adopt a resolution proposing the establishment of such regional secondary school. Each board would be required to hold a meeting to vote on the resolution by October 1 of the school year preceding the school year in which the regional secondary school would commence operation.

Following adoption of such resolution, the qualified voters of each school district would be required to approve the resolution in a referendum held in each district. Upon voter approval, the districts would enter into a contract and present the contract for approval to the Commissioner of Education. Subject to certain criteria prescribed in this section, the Commissioner of Education would be required to approve or disapprove the contract made by the districts. Among other things, the contract must demonstrate how the regional secondary school will provide increased educational opportunities, including courses and programs in science, technology, engineering and math, to prepare students for college and career readiness and improve student performance and must specify the costs of the operation of the regional secondary school for each participating district and provide an itemized listing of the cost savings for each participating school district. Diplomas would be issued by the governing board of the regional secondary school, or if the contract so provides by the student's school district of residence upon certification by the governing board that all graduation requirements of the regional secondary school have been met. Upon approval of the contract, the regional secondary school would be established for a period of at least five and not more than seven school years and, with the approval of the Commissioner, may be renewed by mutual agreement of the boards of education of the participating districts.

Upon formation of such regional secondary school, students would be considered the students of the regional secondary school, provided, however, that students would be considered students of their

respective school district of residence for purposes of calculating State aid, and provided, further, that each student's district of residency would be responsible for providing or arranging for, the transportation of such students to the regional secondary school.

Education Law § 1920, as added, would also provide for the rights of teachers, teacher aides and teaching assistants, similar to what is provided for such teachers when a BOCES takes over the program of a school district under Education Law §30 14-a.

Education Law § 1921, as added, establishes the second model for a regional secondary school. Specifically, it authorizes three or more school districts and a BOCES to form a regional secondary school to serve all or some of the students in each of the participating districts in grades nine through twelve, as well as or grades six, seven and/or eight, as agreed upon by the districts. Under this new section, BOCES would operate the regional secondary school and would assume all the responsibility to operate, supervise and maintain the regional secondary school and the administration of such school. The formation of such a regional secondary school would be conditioned upon each participating district ceasing the operation of at least one of its high schools.

With the exception of certain school districts, as further discussed below, any city school district, central school district, union free school district, or common school district wholly contained within the supervisory district would be eligible to form a regional secondary school. A component school district of a central high school district would not be eligible to participate in a regional secondary school unless, upon voter approval, a central high school entered into an agreement with school districts, other than its component districts, to establish a regional secondary school. A special act school district established through special legislation to provide services to certain students with disabilities, as defined in Education Law §4001, and as are enumerated in Chapter 566 of the Laws of 1967, would not be authorized to form a regional secondary school, without exception.

To form a regional secondary school under this model, the boards of education of each participating school districts and the BOCES would first be required to agree to the formation of the regional secondary school and then, by a majority vote, adopt a resolution proposing the establishment of such regional secondary school. Each board would be required to hold a meeting to vote on the resolution by October 1 of the school year preceding the school year in which the regional secondary school would commence operation.

Following adoption of such resolution, the qualified voters of each school district would be required to approve the resolution in a referendum held in each district. Upon voter approval, the participating districts and BOCES would enter into a contract and present the contract for approval to the Commissioner of Education.

Subject to certain criteria prescribed in this section, the Commissioner of Education would be required to approve or disapprove the contract made by the districts. Among other things, the contract must demonstrate how the regional secondary school will provide increased educational opportunities, including courses and programs in science, technology, engineering and math, to prepare students for college and career readiness and improve student performance and must specify the costs of the operation of the regional secondary school for each participating district and provide an itemized listing of the cost savings for each participating school district. Upon approval of the contract, the regional secondary school would be established for a period of at least five and not more than seven school years and, with the approval of the Commissioner, may be renewed by mutual agreement of the boards of education of the participating districts.

Upon formation of such regional secondary school, students would be considered the students of the regional secondary school, provided, however, that students would be considered students of their respective school district of residence for purposes of calculating State aid, and provided, further, that each student's district of residency would be responsible for providing or arranging for, the transportation of such students to the regional secondary school.

The BOCES would serve as the governing body for the regional secondary school and be responsible for the administration of such school, including grading. The BOCES would also act as a school district for accountability purposes.

BOCES would be authorized to establish curriculum and issue high school diplomas to the students in the regional secondary schools, though if the contract so provides, diplomas may be issued by the student's school district of residence upon certification by the BOCES that all graduation requirements of the regional secondary school have been met. Education Law § 1921, as added, would also provide for the rights of teachers, teacher aides and assistants, as mirrored in accordance with existing Education Law §3014-a, which provides for the rights of teachers as a result of BOCES taking over a program formerly operated by a district.

Article 39-A would also add Education Law § 1922 to describe the State aid calculations for regional secondary schools. This section provides that students attending a regional secondary school are deemed enrolled in their school district of residence and shall be included in the membership, enrollment and attendance counts of their school districts of residence for purposes of computing state aid to such school districts. State aid shall be computed for these students in the same manner as aid attributable to other resident students. This section also provides that the school district that owns the facility used to house the regional secondary school shall be the only school district eligible for building aid involving the regional

secondary school. Such aid shall be computed using the building aid ratio applicable to the projects of the school district that owns the regional secondary school.

In the case of a regional secondary school operated by a BOCES that is housed in a facility owned by a participating school district, the capital expenses for building projects involving the regional secondary school shall be a charge upon the participating school districts only and are not eligible for aid. However, aidable shared services provided by the BOCES to supplement the programs of the regional secondary school would be eligible for aid. This section also provides that participating school districts shall be eligible for additional state aid in accordance with 3602(k).

Education Law § 1923, as added, provides for the creation of a regional secondary school advisory committee to review the operation of the regional secondary school and make recommendations to the hosting, or operating, district or the supervisory BOCES, as applicable, on the continued operation of such secondary school.

Section 3 of this bill would add a new paragraph oo to Education Law §1950(4) to authorize BOCES to enter into the agreement to form a regional secondary school, as authorized in Education Law §1921, as added by section 9 of this bill.

Section 4 of this bill would add three new subparagraphs 10, 11, and 12 to Education Law § 1950(4)(h) to authorize BOCES to develop core curriculum, issue regents and other high school diplomas and to enter into contracts as otherwise necessary or convenient to operate a regional secondary school.

Section 5 of this bill would add a new subparagraph 8 to Education Law §1950(4)(b) to authorize BOCES to prepare and propose a tentative budget for the operation of a regional secondary school that it is operating.

Section 6 of this bill would add a new paragraph k to Education Law §3602(14) to authorize the provision of transition incentive aid to districts that establish a regional secondary school. This additional apportionment of aid would be structured to provide incentive to districts to reorganize into these more cost-effective regional secondary schools and to ease the burdens associated with initially forming these districts.

Under Education Law 3602(14)(k), as proposed to be added, for aid payable in the 2013-2014 school year or thereafter, each participating school district that meets certain criteria would be entitled to receive additional aid each year, for the first five years of operation, as follows: each district would be entitled to receive 10 percent of the 2006-07 selected operating aid per pupil (the reorganization incentive operating aid base) for transition expenses, under §3602(14) (d-1),

multiplied by the quotient of the district's total secondary students who are attending the regional secondary school (the number of the district's students attending the regional secondary school in the base year) divided by the resident public school district enrollment of such school district within the grades of the new regional secondary school(s).

Additionally, each participating school district that meets certain academic achievement goals would be eligible to receive an additional 5 percent of the apportionment computed under §3602 (14)(d-1) multiplied by the quotient of the number of pupils attending the regional secondary school from the district in the base year divided by the resident public school district enrollment of such school district within the grades of the new regional secondary school. The receipt of this aid would be conditioned upon the school ceasing to operate at least one high school and upon meeting academic achievement goals established by the Commissioner in regulations. Incentive aid would be capped at no more than 95 percent of the aid payable in the year prior to the base year approved operating expenses and any school district receiving incentive aid under this paragraph would not be eligible for an apportionment under §3602 (14)(c),(e), (f) or (j).

Section 7 is the effective date.

Statement in support of the bill

The bill authorizes the establishment of regional secondary schools. Given the current fiscal climate in this state, many school districts, particularly small, rural districts, are threatened by a decline in educational opportunities and programs for their students. School districts are seeking new models of providing higher quality educational opportunities to students through more cost-effective and efficient services. In recognizing that many high schools in the State are experiencing financial limitations which may impair schools' ability to offer students the same range or quality of courses, districts should be afforded the opportunity to work together to establish a regional secondary school, to allow for improved educational opportunities and more cost-effective service delivery. The proposed regional secondary school model will allow districts to provide more efficient services, leverage resources, and ultimately increase their purchasing power through shared services. Resulting cost savings will allow more resources to be dedicated to educational programming and services for these students, such as advanced course work, opportunities in science, technology, engineering and mathematics programs and enhanced course electives that are critical to success in a global economy. By allowing for more cost-efficient operations, and being able to dedicate greater resources for teaching and learning opportunities, school districts for which regional secondary schools is an appropriate service delivery model will be able to better ensure that their students graduate high school ready for college and careers.

Budgetary implications of the bill

This bill would result in overall cost savings to school districts and other educational entities by streamlining the provision of services to students in these regional secondary schools by and through shared resources and services. The amount of such savings is not known, though it is expected to be substantial if this bill is enacted in entirety.

Prior legislative history

This is a new bill.

Effective date

This act would take effect July 1, 2012, provided, however, that if it becomes a law after such date, it would be deemed to have taken effect on and after July 1, 2012.