NY Educ L § 1504 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 31 - School Districts 1504 - Formation of New District.

§ 1504. Formation  of  new district.  1. A district superintendent may   organize a new school district out of  the  territory  of  one  or  more   school  districts  which are wholly within the geographic area served by   his board of cooperative educational services, whenever the  educational   interests of the community require it. If there is an outstanding bonded   indebtedness  chargeable  against  the  district or districts out of the   territory  of  which  such  new  district  is  organized,  the  district   superintendent  shall  apportion  said  indebtedness  between  such  new   district and the remaining portion of the district or districts  out  of   which  such  new  district  is  organized,  according  to  the  assessed   valuation thereof, and the portion of the  indebtedness  so  apportioned   shall  become  a  charge  for principal and interest upon the respective   districts as though  the  same  had  been  incurred  by  said  districts   separately.2.  The  district superintendents of two or more adjoining supervisory   districts, when public interests require it, may  form  a  joint  school   district out of the adjoining portions of their respective districts.3.   Any municipality situated wholly within one central or union free   school district but  whose  boundaries  are  not  coterminous  with  the   boundaries  of  such  school  district  may  organize,  pursuant  to the   provisions of  this  subdivision,  a  new  union  free  school  district   consisting  of  the  entire  territory  of  such  municipality  whenever   required by the educational interests of the community.a. No such new school  district  may  be  organized  unless:  (i)  the   enrollment  of  the  municipality  seeking  to  organize such new school   district equals at least two thousand children, and is no  greater  than   sixty  percent  of  the  enrollment of the existing school district from   which such new school district will be organized; (ii) such  new  school   district  would  have an actual valuation per total wealth pupil unit at   least equal to the statewide average; and (iii) the  enrollment  of  the   existing  school  district  from  which such new school district will be   organized equals at least two thousand children, excluding the residents   of such municipality.b. No such new school district shall be organized unless the  creation   of  such  new  school  district first shall have been approved by: (i) a   majority vote of the residents of a  municipality  seeking  to  organize   such  new  school district, provided that a vote of such residents shall   not be required if creation of the new school district has been approved   by a vote of at least two-thirds of the members of the  local  governing   body  of  the  municipality of such municipality (ii) a majority vote of   the trustees or members of the  boards  of  education  of  the  existing   school  district  from which such new school district will be organized;   and (iii) a majority vote of  the  residents  of  such  existing  school   district,  except  that  the  residents  of  the municipality seeking to   organize the new school district shall not be entitled to participate in   such vote.  Notwithstanding any provision of law to the contrary, a vote   of the residents of an existing school district shall not be required if   the creation of the new school district has been approved by a  vote  of   at least two-thirds of the trustees or members of the board of education   of such existing school district.c.  If a vote of the residents of a municipality is required, it shall   be the duty of the chief executive officer of the  municipality  seeking   to organize a new school district, pursuant to a resolution duly adopted   by  the  governing  body  of  such  municipality  that  the  educational   interests of  the  community  require  the  creation  of  a  new  school   district, to give public notice that a meeting of the qualified electors   of  such  municipality will be held at some convenient place within such   municipality to vote upon the  question  of  creating  such  new  school    district  and  to  elect  members  of the board of education of such new   school district. Such notice shall specify the day, hour and place where   such meeting shall be held, which shall be not less than  ten  nor  more   than  thirty  days after the posting or publication of such notice. Such   notice shall be published  at  least  once  before  such  meeting  in  a   newspaper circulated in such municipality, and in the event no newspaper   is circulated in such municipality, such notice shall be posted at least   ten  days  prior  to such meeting in at least five conspicuous places in   such municipality.d. If a vote of the residents of the existing school  district  (other   than  the  residents  of  the  municipality  seeking to organize the new   school district) is required, it shall be the duty of  the  trustees  or   board  of  education  of  such  existing  school district to give public   notice that a meeting of the qualified electors of such district will be   held to vote upon the question of creating  such  new  school  district.   Such  notice  shall  specify  the day, hour and place where such meeting   shall be held, which shall be not less than ten  nor  more  than  thirty   days after the posting or publication of such notice.  Such notice shall   be published at least once before such meeting in a newspaper circulated   in  such  district,  and in the event no newspaper is circulated in such   district, such notice shall be posted at least ten days  prior  to  such   meeting  in  at  least  five  conspicuous  places in such district. Such   meeting shall be held in accordance with the procedures of  section  one   thousand five hundred twenty-three of this article.e.    The clerk of the existing school district immediately shall file   with the district superintendent a certification  of  the  vote  of  the   members  of  the board of education or board of trustees of the existing   school district and, if applicable, a certification of the vote  of  the   residents  of such existing school district (other than the residents of   the municipality seeking to organize the new school district)  and/or  a   certification  of  the  vote of the residents of such municipality.  The   new union free school district consisting of  the  entire  territory  of   such municipality shall be deemed created immediately upon the filing of   such  certifications,  and the district superintendent immediately shall   issue an order altering the boundaries of the existing  school  district   accordingly,  and  shall  file such order in accordance with section one   thousand five hundred six of this article.f. If there is an outstanding bonded indebtedness  chargeable  against   the  existing  school  district  out  of the territory of which such new   district is organized, the district superintendent shall apportion  said   indebtedness  between such new district and the remaining portion of the   district out of which such new district is organized, according  to  the   assessed  valuation  thereof,  and  the  portion  of the indebtedness so   apportioned shall become a charge for principal and  interest  upon  the   respective  districts  as  though  the  same  had  been incurred by said   districts separately.g. For the purposes of this subdivision, the term "municipality" shall   mean a city, town or village, and the terms  "enrollment,"  and  "actual   valuation"  and "total wealth pupil unit" shall have the same meaning as   those terms are defined in section three thousand  six  hundred  two  of   this chapter.