NY Educ L § 314 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 7 - Commissioner of Education 314 - State Plan for School District Reorganization

§ 314. State   plan   for   school   district  reorganization  1.  The commissioner  of  education  is  hereby  authorized  to   continue   the investigations,  study  and  review  carried on by the joint legislative committee on the state education system in order to bring up to date the state plan for  school  district  reorganization  (legislative  document number twenty-five of nineteen hundred forty-seven, formerly referred to as  the  Master  Plan  for  School  District  Reorganization in New York State); to make such studies and surveys  as  are  necessary  to  review periodically  and  maintain  such  plan  currently;  to hold hearings in relation to affected areas for the purpose of eliciting  the  expression of opinion, cooperation and assistance of the inhabitants of such areas; and  to make recommendations for school district reorganization so as to assure  the  most  efficient  and  economical  provision  of   education facilities  for  such areas and in the best educational interests of the children in the area. Such recommendations shall be principally directed toward the reorganization  of  areas  in  and  around  the  city  school districts  of  cities  having less than one hundred twenty-five thousand inhabitants, the reorganization of the remaining common and  union  free school  districts  not included in such urban and suburban areas and the reorganization of the smaller central school districts.   2. At any such time as the commissioner shall determine that  an  area or  areas  should  be  reorganized  to assure and provide the best, most efficient and most economical educational facilities for  such  area  or areas  and  that  the  best educational interests of the children in the area will be served  by  such  reorganization,  the  commissioner  shall formally  announce  or  reaffirm such plan of reorganization stating his reason therefor by orders made by him and entered in  his  office.  Such order  shall  identify the affected school districts and shall designate all school districts by name, number or such other  description  as  the commissioner shall deem proper. The commissioner shall forward a copy of such  order  to the clerk or in the event there is no clerk, the trustee or trustees of such school district located  in  the  affected  area  or areas.   3.  (a)  Any  school  district  scheduled  for reorganization, and not reorganized, desiring a change in the established plan of reorganization as promulgated pursuant to subdivision two hereof, may petition  to  the commissioner  for  a  formal  public hearing stating the changes desired with the supporting papers, data and information. Such petition shall be filed with the commissioner by the board of education of a  city  school district or by the trustee or board of trustees or board of education in other  types  of  school  districts upon the motion of a majority of the voters of such school district, present  and  voting  at  an  annual  or special  school  district  meeting  or  election  adopting  a resolution directing the school board or trustees to file such petition.  (b) The commissioner within  thirty  days  after  receipt  of  such  a petition  for  a formal public hearing shall designate by written notice the place of such hearing and fix a date therefor not less  than  thirty nor more than sixty days from the date of such notice. Such notice shall include  (1)  the  time  and place of the formal public hearing, (2) set forth the petitioner's proposed change or changes, (3)  the  established plan of reorganization.  (c) Upon receipt of such notice of such hearing from the commissioner, the  petitioning  district  shall  publish  a copy of such notice in one newspaper  having  a  general  circulation  in   such   district,   such publication to be at least twenty days before such hearing, but if there be  no such newspaper, a copy of said notice shall be posted in at least twenty public places in said district twenty days before such hearing.  (d) Hearing. The formal public hearing shall be held at the  time  and place  specified  in  such notice or amended or republished notice. Such hearing may be had before the commissioner or a person designated by him as a hearing officer. The commissioner  or  such  person  so  designated shall  hear  the  petitioning  school  district,  the department and all districts and parties appearing, each  of  whom  may  present  testimony under  oath,  supporting  exhibits,  departmental  records and all data, maps, sketches and argument, concerning  the  petition.  The  petitioner shall  have the burden of showing that the proposed change or changes to the existing state plan  assures  and  provides  equally  efficient  and economical  educational  facilities to such area or other areas affected and that the educational interests of the school children  in  the  area will  be at least equally served by such proposed change or changes, and that such change or changes will create school districts in the area  or areas  affected  which  by reason of actual or reasonably to be expected growth, will be of adequate size, and  financial  resources  to  provide equally  efficient and economical educational facilities to such area or areas to serve  the  educational  interests  of  the  children  resident therein in all grades from kindergarten through the twelfth year.  (e)  Within  sixty days after such hearing is concluded and all papers in relation thereto are  submitted,  the  commissioner  shall  render  a preliminary  finding recommending whether a change is warranted, setting forth his findings and conclusions which shall be based  exclusively  on the  evidence presented at the hearing. The commissioner shall recommend the amendment or confirmation of the state plan in accordance  with  his preliminary  finding  by a report made by him and entered in his office. The commissioner shall serve a copy of such preliminary finding upon the clerk or in the event that there is no clerk, the trustee or trustees of the school districts located in the affected area or areas. In the event that such districts do not agree with  such  preliminary  findings,  the school  districts  affected by the terms of such preliminary finding may within thirty days apply to the chancellor of the board of  regents  for the  appointment  of  a  committee of the regents to review the proposed amendment or confirmation of the  state  plan.  In  the  event  that  an application  to  the  chancellor  is not made within thirty days for the appointment of a committee of the regents, the preliminary finding shall become an order without further action of the commissioner.  (f) Upon receipt of such application, the chancellor shall  appoint  a committee of three members of the regents, one of whom shall be a regent whose  judicial district includes all or part of the areas affected. The committee of regents shall review the proposed amendment or confirmation of the state plan. In the event the committee is unable to  resolve  the differences between the commissioner and such school districts, it shall within  sixty  days  from the date of the appointment of such committee, make an order reversing, affirming, or modifying,  wholly  or  in  part, such  preliminary finding of the commissioner and amending or confirming the state plan setting forth the committee's  findings  and  conclusions which  shall  be  based  exclusively  on  the  evidence presented at the commissioner's hearing and any  additional  evidence  presented  at  the committee's  review.  The  committee shall have the discretion to permit additional evidence to be presented by any party. The commissioner shall serve a copy of such order upon the clerk or in the event  there  is  no clerk,  the  trustee  or trustees of the school districts located in the affected area or areas.  (g) Such order of the committee of the regents shall  be  binding  and final  and  subject  to  review pursuant to article seventy-eight of the civil practice law and rules. The scope  of  review  shall  include  the  question  whether the determination is on the entire record supported by substantial evidence.  (h)  The commissioner shall establish and promulgate rules of practice and procedures in connection with such hearings, shall provide  for  the attendance  of  the hearing officer, regulate the course of the hearing, fix the time for filing of briefs and other documents, provide a hearing stenographer and for the making of a record as well as the making  of  a full  transcript  of  all  proceedings  at  the hearing and shall at the request of any party, school district or interested person have prepared and furnish a copy of the transcript or any part thereof upon payment of the costs therefor.  (i) School districts designated in the established plan by an order of the committee of the regents shall be made parties  by  the  petitioning district.  Districts  which  may  be affected by the proposed change may join or be joined in such proceeding by the commissioner or any party.   4. Whenever a school district scheduled for  reorganization  fails  to institute  such  proceeding hereunder within two years subsequent to the filing of an established plan  of  reorganization  by  the  commissioner pursuant  to  paragraph  two herein, the state plan of reorganization in existence at that time shall be final and  binding  upon  all  districts affected thereby. After such two year period, such district may petition the  commissioner  for  a  change in such final and binding plan upon an additional showing that material changes have occurred  since  such  two year  period.  No proceeding shall again be brought until two years have elapsed since a final determination hereunder.   5. Nothing herein  contained  shall  delay,  or  interfere  with,  the exercise of the powers of the commissioner of education vested in him by articles  thirty-seven or forty or sections fifteen hundred twenty-four, fifteen  hundred  twenty-five  or  fifteen  hundred  twenty-six  of  the education law.   6.  Whenever any school district scheduled for reorganization pursuant to the state plan  of  reorganization  as  herein  established  has  not consolidated  or  reorganized  in  accordance therewith within two years after  the  entry  of  an  order  pursuant  to  subdivision  two  herein establishing such final plan of reorganization for the affected district or  districts,  or  has  failed  within  such time after receipt of such notice to institute a proceeding for a change in  accordance  with  this section,  or  is  unable  to  show  that  such  district  has  adopted a resolution or resolutions in accordance with sections  eighteen  hundred one  through eighteen hundred three, fifteen hundred ten through fifteen hundred  thirteen,  fifteen  hundred  twenty-two  and  fifteen   hundred twenty-three,  fifteen hundred twenty-four or fifteen hundred twenty-six of this chapter in favor of such reorganization or that in the  case  of an  order of dissolution and annexation, such district has not asked for a referendum pursuant to subdivision two  of  section  eighteen  hundred two,  and  is being prevented from reorganizing by the action of another district which is part of the same plan  of  reorganization,  commencing with  the  school  year  following the school year in which the two-year period expired, such school district shall not be  eligible  to  receive any building aid exceeding the building aid which such district would be entitled  to receive in accordance with the applicable provisions of the education law in existence on July first,  nineteen  hundred  sixty-five until  such  reorganization shall take place, except for such additional amounts as may be computed as due  on  debt  service  already  incurred; provided,  however,  that  nothing  contained  in this subdivision shall prevent  the   apportionment   of   building   aid   for   construction, reconstruction,   alterations   of   or  additions  to  school  building facilities for the use of grades kindergarten  through  eight,  provided  the commissioner shall find that (1) existing facilities are obsolete or inadequate  and  (2) that the construction for which aid is sought would be capable of substantial educational use by the reorganized district in the   event   that  the  reorganization  under  the  existing  plan  for reorganization is effected.