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, rural 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 most cost-effective and efficient, in order to sustain or enhance the quality of services to maintain or expand the scope of services offered to students.

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. 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 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.

§ 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. Definitions.

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

[ ] is old law to be omitted.

LBD03851-01-9

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1921. Establishment of a regional secondary school operated by

a board of education.

1922. Establishment of a regional secondary school operated by

a board of cooperative educational services.

1923. State aid for regional secondary schools.

1924. Regional secondary school advisory committee.

§ 1920. Definitions. For purposes of this article, the following terms shall have the following meanings:

1. The term "regional secondary school" shall mean a secondary school established by participating districts within a region of New York state.

2. The term "secondary school" shall mean:

a. A high school containing grades nine through twelve;

b. A junior high school containing grades six through eight;

c. A combined junior/senior high school containing grades six through twelve;

d. A combined junior/senior high school containing grades seven through twelve; or

e. A combined junior/senior high school containing grades eight through twelve.

3. The term "region" shall mean the combined area of all the participating districts that establish a regional secondary school.

4. The term "participating district" shall mean an eligible school district whose board of education has adopted a resolution to establish a regional secondary school with one or more other eligible school districts.

5. The term "eligible school district" shall mean:

a. A city school district,

b. A central school district,

c. A union free school district, and/or

d. A common school district, which is eligible to establish a regional secondary school.

6. The term "hosting district" shall mean the participating district which hosts the regional secondary school.

7. The term "regional referendum" shall mean a referendum, presented simultaneously on the ballot of all the participating districts, and determined by a majority vote of the participating electors of the region collectively.

8. The term "proposed contract" shall mean the contract adopted by all the boards of education of the participating districts for the establishment and operation of the regional secondary school.

9. The term "governing board of the regional secondary school" shall mean the governing board of the regional secondary school as designated by the proposed contract.

§ 1921. Establishment of a regional secondary school operated by a board of education. 1. A regional secondary school may be established pursuant to this section.

2. A regional secondary school may be established by two or more eligible school districts.

3. The establishment of a regional secondary school shall be subject to the approval of the commissioner, in a manner and time frame, as set forth within this section.

4. A regional secondary school:

a. Shall be wholly contained within the supervisory district of a board of cooperative educational services, unless:

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(i) Upon application of the boards of education seeking to establish a regional secondary school, the commissioner agrees to waive this requirement; or

(ii) The participating school district is a central high school district, which subject to approval of its voters, entered 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.

b. Shall not be a component school district of a central high school district, or a special act school district, as defined in section four thousand one of this chapter.

5. 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.

6. Upon the establishment of a regional secondary school, each participating district shall cease operation of at least one secondary school, except that the hosting district may continue to operate a secondary school as a regional secondary school, pursuant to the conditions of this article.

7. Pursuant to this section, the regional secondary school may be operated by:

a. One of the participating districts, constituting the hosting district, which shall assume the responsibility to operate, supervise and maintain the regional secondary school and the administration of such regional secondary school; or

b. A joint board of education established pursuant to this section.

8. a. 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 the regional secondary school.

b. The resolution to establish a regional secondary school shall indicate:

(i) The proposed participating school districts;

(ii) Whether the school would be governed by a proposed hosting district or a joint board of education;

(iii) A listing of the grades that would be included in the regional secondary school;

(iv) The proposed location of the regional secondary school;

(v) The proposed term of the contract governing the regional secondary school.

c. The resolution to establish the regional secondary school 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.

9. a. If two or more school districts adopt such a resolution as provided in subdivision eight of this section, the resolution shall be presented in a regional referendum by means of a regional vote, before the electors of all of the proposed participating districts.

b. Approval of the regional referendum shall be upon a majority vote of the participating electors in the region encompassing all of the proposed participation districts.

c. In the event the voters do not approve the regional referendum, it may be presented for a re-vote, but in no event any more than two votes be held in any school year.

10. Upon the approval of the voters in the regional referendum, presented pursuant to subdivision nine of this section, the participat-

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ing school districts shall collectively enter into a proposed contract for the establishment of a regional secondary school.

11. 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 upon a majority vote of the electors of such additional district.

12. a. Upon receipt of voter approval in the regional referendum held pursuant to subdivision nine of this section, 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.

b. The proposed contract for the operation of the regional secondary school shall include the plan of formation and operation of the regional secondary school and shall be submitted to the commissioner for his or her approval, in a time and manner prescribed by the commissioner.

c. The proposed contract for the operation of the regional secondary school shall be an inter-municipal sharing agreement pursuant to article five-G of the general municipal law that complies with the requirements of this section.

13. The proposed contract for the operation of the regional secondary school, and the regional secondary school that would be established thereunder, shall meet the following requirements:

a. The proposed contract shall provide the name of the regional secondary school, which shall be subject to the commissioner's approval.

b. The term of the proposed contract shall be specified therein, and shall be for a term not less than five nor more than seven school years.

c. The proposed contract shall establish a governing board of the regional secondary school, that will operate the regional secondary school on behalf of all participating districts, as follows:

(i) The governing board of the regional secondary school shall be designated by the proposed contract to be either the board of education of the hosting district, or a joint board of education established by the participating districts.

(ii) In the event the proposed contract designates a joint board of education as the governing board of the regional secondary school:

(1) Such joint board shall consist of at least five members, with not less than one member appointed by the board of education of each participating school district, and with any remaining members being jointly appointed by the boards of education of the participating school districts collectively;

(2) The proposed contract, consistent with the provisions of this section, shall specify the number, term, and procedures for appointment of the joint board members; and

(3) The joint 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 proposed contract.

(iii) The governing board shall have responsibility for the operation, supervision and maintenance of the regional secondary school and shall be responsible for the administration 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 proposed contract.

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(iv) The regional secondary school shall be deemed a school of the governing board for accountability purposes.

d. The proposed contract may provide that the student's school district of residence may issue the student's diploma, upon certification by the governing board that all graduation requirements of the regional secondary school have been met.

e. The proposed contract shall designate the grades of instruction intended to be served by the regional secondary school.

f. The proposed contract shall 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.

g. Notwithstanding any other provision of law to the contrary, the proposed 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.

h. The proposed contract may provide that student transportation may be provided by contract for transportation services, including but not limited to a contract with one or more participating districts or a board of cooperative educational services.

i. The proposed contract shall specify:

(i) That the students of each participating school district shall remain enrolled as students of their respective participating school districts;

(ii) That the students shall be treated and counted as students of their respective participating school districts for purposes of all state aid calculations pursuant to this chapter;

(iii) The current enrollment of all participating school districts; and