Provides for the establishment of regional secondary schools

Summary of provisions

Section 1. Provides legislative intent. Specifically, the legislature recognizes that many secondary schools in the state are experiencing financial limitations that may impair their ability to offer students the same range or quality of courses that other secondary schools may provide and in order to ensure that these districts continue to offer their students advanced course work, districts should be afforded the opportunity to establish a regional high school.

Section 2. Amends the education law by adding a new article 39-A.

Section 1920 of the new article 39-A provides definitions.

Section 1921 provides requirements for the establishment of a regional high school operated by a board of education. Under this section, a regional secondary school may be established by two or more eligible school districts. The establishment of a regional secondary school is then subject to the approval of the commissioner

The regional school must be wholly contained within the supervisory district of a BOCES, unless otherwise provided. The school shall not be a component school district of a central high school district, or a special act school district.

A regional secondary school shall serve all or some of the students in each of the participating districts in grades of a secondary school as determined by the agreement between the participating districts.

Upon the establishment of a regional secondary school, each participating district must cease operation of at least one secondary school. The host district, however, may continue to operate a secondary school as a regional secondary school.

The regional secondary school may be operated by one of the participating districts or a joint board of education, which shall assume the responsibility to operate, supervise and maintain the regional secondary school.

To establish a regional secondary school, two or more participating school districts must adopt, by a majority vote of the board of education of each participating school district, a resolution proposing the establishment of a regional high school. The resolution must then be voted on by each board at a meeting held no later than October first of the school year prior to the school year in which the regional secondary school is proposed to commence operation. If two or

more school districts adopt such a resolution it must be presented in a regional referendum by means of a regional vote, before the electors of all of the proposed participating districts. Upon the approval of the voters in the regional referendum, the participating school district shall collectively enter into a proposed contract for the establishment of a regional secondary school.

The proposed contract must provide the name of the regional secondary school and a term for the contract. It must also establish a governing board, designate the grade of instruction intended to be served, the site of the regional secondary school, and that each participating school district shall be responsible for providing or arranging for transportation to its resident students attending the regional secondary school.

The proposed contract must also demonstrate how the regional secondary school will provide increased educational opportunities for students, including courses and programs in science, technology, engineering and math, to prepare students for college and career readiness and improve student performance.

The contract must also resolve employment issues of the regional school district and specify whether employees of the regional secondary school shall establish new employee organizations for their representation or whether they shall become members of the applicable employee organizations representing the employees of the hosting district.

The proposed contract must also specify the process for development of the budget for the regional secondary school by the designated governing board and how operating and administrative costs and the local share of capital expenses attributable to the regional secondary school will be allocated amongst the participating districts.

The proposed contract must also specify the costs of the regional secondary school, staffing, current and future capital construction plans and for the delivery of special education programs. It shall also specify the costs of the operation of the regional secondary school for each participating school district and an itemized listening of the cost savings for each participating school district and the fiscal implications of the regional secondary school including expected state aid and expected changes in expenditures and property tax levies.

It must also provide the procedures for discipline of students and how extracurricular activities and interscholastic athletics will be provided to students of the regional secondary school.

Section 1922 provides for the establishment of a regional secondary school operated by a board of cooperative educational services. A regional secondary school may be established by two or more eligible school districts, and must also be approved by the commissioner.

A regional high school established under this section must be wholly contained within the supervisory district of the board of cooperative educational services operating the regional secondary school. Upon the establishment of a regional secondary school, each participating

district shall cease operation of at least one secondary school, except the hosting school, who may continue to operate a secondary school as a regional secondary school.

Pursuant to this section, the regional high secondary school board of cooperative educational services must assume the responsibility to operate, supervise and maintain the school.

To establish a regional secondary school under this section, two or participating school districts must initially adopt, by majority vote of the board of education of each participating district, a resolution proposing the establishment of the regional secondary school.

If two or more school districts adopt such a resolution it must then be presented in a regional referendum by means of a regional vote, before the electors of all of the proposed participating districts. Upon receipt of voter approval in the regional referendum, the participating school districts shall adopt, by a majority vote of the boards of education of each participating school district, a proposed contract for the operation of the regional secondary school.

The proposed contract shall provide the name of the regional school, the term of the proposed contract, that the board of cooperative educational services shall be the governing board of the regional secondary school and that they shall have responsibility for the operation, supervision and maintenance of the regional secondary school.

The contract must also designate the grades of instruction intended to be served and the site of the regional secondary school. The contract must also establish that each participating school district is responsible fox providing transportation to its resident students attending the regional secondary school in accordance with its school district policy, but without regard to any maximum mileage limitation.

The proposed contract must demonstrate how the regional secondary school will provide increased educational opportunities for students, including courses and programs in science, technology, engineering and math, to prepare students for college and career readiness and improve student performance.

The contract must also resolve employment issues in accordance with 1922(13) (k).

The contract must also specify the costs of the regional secondary school, staffing, current and future capital construction plans and for the delivery of special education programs and shall also specify the costs of the operation of the regional secondary school for each participating school district and an itemized listing of the cost savings for each participating school district. It shall also specify the fiscal implications of the regional secondary school including expected state aid and expected changes in expenditures and property tax levies.

It must also specify the procedures for discipline for students and how extracurricular activities and interscholastic athletics will be provided to students of the regional secondary school.

The proposed contract must also specify whether the employees' of the regional secondary school shall establish new employee organizations for their representation, or, whether they shall become members of the applicable employee organizations representing the employees of the hosting district.

Section 1923 establishes that students attending a regional high secondary school shall be deemed enrolled in their school district of residence and shall be included in the applicable membership, enrollment and attendance counts of their respective school districts.

Subsection (2) of section 1923 establishes the requirements for building aid.

Subsection (3) concerns capital expenses.

Section 1924 establishes a regional secondary school advisory committee and its meeting requirements.

Section 3 amends subdivision 4 of section 1950 of the education law my adding a new paragraph oo which would allow BOCES to enter into an agreement to form a regional high school. Paragraph oo establishes that BOCES will have the same powers as the board of education of a union free school district, consistent with the terms of its agreement with the participating school districts.

Section 4 amends paragraph h of subdivision 4 of section 1950 of the education law by adding three new subparagraphs 11, 12 and 13. Subparagraph 11 allows the regional high school to enter into contracts as necessary and convenient to operate a regional high school.

Subparagraph 12 gives the regional high school power to develop core curriculum for students attending a regional high school.

Subparagraph 13 grants the regional high school authority to issue high school diplomas.

Section 5 amends paragraph b of subdivision 4 of section 1950 of the education law to provide that BOCES shall prepare and propose a tentative budget of expenditures for program, administrative and capital costs to operate the regional high school.

Section 6 amends subdivision 14 of section 3602 of the education law by adding a new paragraph k regarding transition incentive aid.

Section 7 provides that this act shall take effect July 1, 2015, provided that if this act becomes a law after such date, it shall take effect immediately and be deemed to have been in full force and effect on and after July 1, 2015.

Justification

This bill has been requested by several school districts across the state that would like the opportunity to improve educational outcomes by sharing resources and opportunities on a regional basis.

In many districts in 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. This bill would authorize school districts in the state, at local option, to enter into a regional high school operating agreement contract with at least one or more schools within their own BOCES supervisory district. This reorganization option is important because it can help schools maintain local identity because they are so often the focal point of the community. This bill helps them do that while providing aid for them to actually strengthen lower grade levels, which will improve educational outcomes for all the students in the participating school districts.

The New York State Rural Schools Association (RSA) 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 some schools could benefit greatly from having a regional high school because they can enrich opportunities for secondary students by offering full curricular, co-curricular and interscholastic programs. RSA supports the approach of having a hosting district administer the programs because it keeps regional high schools within existing governance structures and does not create new layers of school governance.

The New York State Board of Regents and the State Education Department have recently indicated their support of legislation to authorize regional high schools. Also, the Governor's Education Reform Task Force in their final recommendation report of November 2012, encouraged the Legislature to enact legislation authorizing regional high schools as an option for school reorganizations. Further, many education stakeholder groups also have endorsed the proposal given the fact that it has worked well in other states and would be a way to improve educational outcomes while helping schools deal with the increasingly higher costs of educating students in the state.

Legislative history

2014: S.4795-A, Education Committee

Fiscal implications

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

Effective date

This act shall take effect July 1, 2015, provided that if this act becomes a law after such date, it shall take effect immediately and be deemed to have been in full force and effect on and after July 1, 2015.