Create Regional High Schools

Section 1. Legislative intent. The legislature hereby finds and declares that given the current fiscal climate in this state, many school districts, particularly small districts, are threatened by a decline in educational opportunities and programs for their students. School districts are seeking new models of delivering services to students that are more cost-effective and efficient, in order to sustain or enhance the quality of services and to maintain or expand the scope of services offered to students. The legislature recognizes that many high 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 high schools may provide. 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 secondary school. Under this new model of delivering services, districts will be able to streamline programs and services, increase resources, and increase their purchasing power through shared services. These

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04093-02-8

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resultant cost savings will allow money to flow into educational programs and services for students which will, in turn, help to improve student performance and meet college and career readiness.

This legislation would establish a pilot program authorizing the establishment of regional secondary schools in any county with a population in excess of one million four hundred thousand inhabitants according to the 2010 decennial census, excluding counties located within a city with a population of one million inhabitants or more. This pilot program will help to determine the efficacy of the regional secondary schools in providing greater educational opportunities for less cost. If this pilot program of regional secondary schools is successful, the concept could then be expanded statewide.

§ 2. The education law is amended by adding a new article 39-A to read as follows:

ARTICLE 39-A

REGIONAL SECONDARY SCHOOLS

Section 1920. Establishment of a regional secondary school operated by a

board of education.

1921. Establishment of a regional secondary school operated by a

board of cooperative educational services.

1922. State aid for regional secondary schools.

1923. Regional secondary school advisory committee.

1924. Applicability.

§ 1920. Establishment of a regional secondary school operated by a board of education. 1. Notwithstanding any other provision of law to the contrary, for purposes of this article, a regional secondary school shall mean a high school with grades six, seven and/or eight as agreed upon by each of the participating districts consistent with the grade configuration of the new secondary school or schools.

2. A regional secondary school may be established pursuant to this section by agreement of the boards of education of two or more central school districts, union free school districts and/or common school districts that are wholly contained within the supervisory district of a board of cooperative educational services, subject to the approval of the voters of each participating district. Provided, however, that a component school district of a central high school district and a special act school district, as defined in section four thousand one of this chapter, shall not be authorized to participate in a regional secondary school. A central high school district, subject to approval of its voters, also may enter into an agreement with school districts other than its component school districts that are wholly contained within the supervisory district of a board of cooperative educational services to establish a regional secondary school. Such regional secondary school shall serve all of the students in each of the participating districts in grades nine through twelve and may also serve students in grades six, seven and/or eight as agreed upon by each of the participating districts consistent with the grade configuration of the new secondary school or schools, provided that each participating district shall cease district operation of its high school, if the participating school district operates a high school. The regional secondary school may be operated by one of the participating school districts upon the agreement of the other participating districts, and such district shall assume the responsibility to operate, supervise and maintain the regional secondary school and the administration of such secondary school. For purposes of this arti-

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cle, the school district designated as the operating district shall be referred to as the hosting district. Alternatively, the regional secondary school may be operated by a joint board of education established pursuant to this section. The establishment of a regional secondary school shall be subject to the approval of the commissioner, in a manner and timeframe, as set forth within this section. School districts participating in a regional secondary school need not be geographically contiguous.

3. To establish a regional secondary school, two or more participating school districts must initially adopt, by majority vote of the board of education of each participating district, a resolution proposing the establishment of such regional secondary school. The resolution shall indicate the proposed participating school districts and whether the school would be governed by a proposed hosting district or a joint board of education and the proposed term of the contract governing the regional secondary school. The resolution shall 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, the resolution shall be presented in a referendum for voter approval in each of the proposed participating districts. Upon approval by the voters in each of the proposed participating school districts, the participating school districts shall collectively enter into a contract for the establishment of a regional secondary school. In the event the voters do not approve such resolution, the resolution may be presented for one re-vote in the proposed participating districts; or, if the boards of education of one or more such districts vote to rescind their resolution to participate in the regional secondary school, one additional vote may be held in each of the remaining proposed participating districts. In no event may more than two votes be held in any proposed participating district in any school year.

4. With the consent of each of the participating boards of education and approval of the commissioner, additional school districts otherwise eligible to establish the regional secondary school may join the regional secondary school in the second or a subsequent year of operation by adopting a board resolution and obtaining voter approval substantially in the manner prescribed in subdivision two of this section.

5. (a) Upon receipt of voter approval in each of the participating school districts, such districts shall submit the proposed contract, together with the plan of formation and operation of the regional secondary school, to the commissioner for his or her approval, in a time and manner prescribed by the commissioner. Such contract shall be an intermunicipal sharing agreement pursuant to article five-G of the general municipal law that complies with the requirements of this section.

(b) The regional secondary school and the proposed contract shall meet the following requirements:

(i) the contract shall specify its term, which shall not be less than five nor more than seven school years, and shall either designate the board of education of the hosting district as the governing board that will operate the regional secondary school on behalf of all participating districts, or the joint board of education that will serve as governing board for the regional secondary school. The governing board shall have responsibility for the operation, supervision and maintenance of the regional secondary school and shall be responsible for the admin-

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istration of the school, including the curriculum, grading, staffing and the issuance of diplomas for all students that attend the regional secondary school, as shall be designated in the contract. Provided, however, that the contract may provide for issuance of the diploma 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. The regional secondary school shall be deemed a school of the governing board for accountability purposes;

(ii) the contract shall provide the name of the school, which shall be subject to the commissioner's approval, the grades of instruction intended to be served by the regional secondary school, and designate the site of the regional secondary school, which shall be within the boundaries of one of the participating districts and where possible, should use existing buildings and/or infrastructure;

(iii) notwithstanding any other provision of law to the contrary, the contract shall provide that each participating school district shall be responsible for providing or arranging for 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. Such transportation may be provided by contract, including but not limited to a contract with one or more participating districts or a board of cooperative educational services;

(iv) the contract shall specify that the students of each participating school district shall remain enrolled as students of their respective participating school districts, and they shall be treated and counted as such for purposes of all state aid calculations pursuant to this chapter;

(v) the contract shall either designate the board of education of the hosting district to serve as the governing board of the regional secondary school or shall provide for the establishment of a new joint board of education for the regional secondary school with at least five members, with representatives appointed by each participating district. The contract shall specify the number, term, and procedures for appointment of joint board members. If the districts choose to create a new joint board of education, the board shall have the same powers and duties with respect to the regional secondary school as a board of education of a union free school district has with respect to its schools under this chapter, except as modified by the terms of the contract;

(vi) the contract shall specify the current enrollment of all participating school districts and the projected total enrollment numbers of the regional secondary school;

(vii) 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;

(viii) all teachers, teaching assistants and teacher aides of the participating school districts, whose services in the participating school districts are no longer needed because of the establishment of a regional secondary school or the transfer of students to an existing regional secondary school, as a result of a new participating school district joining the regional secondary school shall immediately become employees of the governing board designated in the contract, and shall retain their tenure and/or employment status and the seniority gained in the participating district. If the number of teaching, teaching assist-

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ant or teacher aide positions needed to provide the educational services required by a regional secondary school is less than the number of teachers, teaching assistants, and teacher aides eligible to be considered employees of the designated governing board of such regional secondary school pursuant to this paragraph, the services of the teachers, teaching assistants and teacher aides having the least seniority in the participating school district within the tenure area or civil service status, as the case may be, of the position shall be discontinued. Any such employees who are teachers, teaching assistants or teacher aides shall be placed on a preferred eligible list of candidates for appointment to a vacancy that may thereafter occur in an office or position under the jurisdiction of the participating school district in accordance with the provisions of section twenty-five hundred ten or three thousand thirteen of this chapter. For any such teacher, teaching assistant or teacher aide who is retained by the governing board, for salary, sick leave and any other purposes, the length of service credited in such participating school district prior to its participation in the regional secondary school shall be credited as employment time with the designated governing board;