NY Educ L § 2218 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 45 - Supervisory Districts 2218 - Partitioning of Territory and Formation of New School Districts by District Superintendent.

§  2218.  Partitioning  of  territory  and  formation  of  new  school districts  by  district  superintendents.    Notwithstanding  any  other provision  of  law to the contrary, in addition to the authority granted under the provisions of article thirty-one of this chapter,  a  district superintendent  of  schools may order the partitioning of territory from an existing union free, central, central high school  or  enlarged  city school  district that is located within his or her supervisory district, the dissolution and reformation of the existing  school  district  where necessary  and the formation of a new union free or city school district out of such territory in accordance with the provisions of this section.   1.  Definitions:  For  the  purposes  of  this  section  and   section thirty-six hundred two-f of this chapter:   a.  "Actual  valuation"  means  the  actual  valuation,  as defined in paragraph c of subdivision one of section thirty-six hundred two of this chapter, of a school district  that  would  result  from  reorganization pursuant to this section.   b.  "Enlarged  city school district" means a city school district of a city having a population of less than one hundred  twenty-five  thousand inhabitants that includes areas outside of the city boundaries.   c.   "Enrollment"   means  the  unduplicated  count  of  all  children registered  to  receive  educational  services  in  grades  kindergarten through twelve, including children in ungraded programs as registered on the  date  prior to November first that is specified by the commissioner as the enrollment reporting date for the school district  or  non-public school, as reported to the commissioner.   d.  "Municipality"  means  a city having a population of less than one hundred twenty-five thousand inhabitants, a village or  a  town,  wholly contained in one school district.   e.  "New school district" means the school district formed or reformed from the territory partitioned from  the  pre-existing  school  district that is coterminous with a municipality.   f. "Pre-existing school district" means a union free, central, central high  school or enlarged city school district from which territory is to be partitioned pursuant to this section.   g. "Remaining school district" means  the  school  district  remaining after its boundary is altered to partition a municipality.   h.  "Union  free school district" means any union free school district other than a special act school district as defined in subdivision eight of section four thousand one of this chapter.   2. Minimum qualifications. To be eligible for reorganization  pursuant to  this  section,  the  municipality seeking to reorganize a new school district shall have a population of at least  ten  thousand  inhabitants and  the  remaining school district shall have an enrollment of at least one thousand children, provided that any territory that was added to the pre-existing school district by vote for annexation,  centralization  or consolidation  shall  not  be eligible for partitioning pursuant to this section until five years  after  the  vote  approving  such  annexation, centralization or consolidation.   3.  Procedure  for  reorganization. a. Reorganization pursuant to this section may be initiated by a petition to the board of education of  the pre-existing  school  district  submitted  by  the governing body of the municipality seeking to reorganize a new school district. If  the  board of  education  determines  that the petition has been properly submitted and that the territory described  in  the  petition  meets  the  minimum qualifications  for reorganization under this section, it shall transmit a copy to the district superintendent with a request for  assistance  in the development of a plan for reorganization to form a new union free or city school district out of such territory.    b.  The  district  superintendent  shall  assist  the  petitioners  in developing such reorganization plan in consultation with representatives of the pre-existing school district. Such reorganization plan shall:  (i) describe the boundaries of the new school district;  (ii)  state  the  effective  date  of  the reorganization and indicate whether the new school district will be a union free school district  or a  city  school  district and, in the case of reorganization involving a central high school district or a city  school  district,  the  type  of school district that the remaining school district will be;  (iii)  describe  how  the  facilities needs of the new school district will be met;  (iv) describe the impact of the reorganization upon teachers and other employees of the pre-existing school district;  (v) describe the educational programs and services to be  provided  by the  new  school  district,  and  for  any reorganization that will take effect during a school year,  describe  how  programs  and  services  to students  residing  in the new school district will be continued without disruption for the balance of such school year;  (vi) set forth any real  or  personal  property  of  the  pre-existing school  district  that will be transferred to the new school district in accordance with this section;  (vii) provide for a proposed allocation of the bonded indebtedness  of the  pre-existing  school  district  incurred  while the territory to be partitioned was part of such pre-existing  school  district  and  for  a proposed allocation of other debt of the pre-existing school district;  (viii)  describe  the  impact of the reorganization on the contractual obligations of the pre-existing school district;  (ix) include a proposed budget for the new  school  district  for  the first  school  year  of  its  operation  and  estimate the impact of the proposed reorganization on school taxes for taxpayers in the new  school district and the remaining school district; and  (x)  describe any necessary transition procedures for the first school year of operation of the new school district, including but not  limited to  procedures  for the recommendation of special education programs and services for students with  disabilities  and  preschool  children  with disabilities residing within the new school district.   c.   The   district   superintendent   shall   review   the   proposed reorganization plan and determine whether it is in compliance  with  the requirements  of  this section. If the district superintendent certifies to the board of education of the pre-existing school district that  such plan  is  in compliance, such board, within twenty days after receipt of such certification, shall proceed to call a special district meeting  to conduct a vote on the proposed reorganization unless such reorganization is  approved  by a vote of the board of education to the extent provided under paragraph d of this subdivision and shall schedule  at  least  one public  hearing on the proposed reorganization, to be held not less than seven days prior to the vote. Notice of such  special  district  meeting shall  specify  the  date and time at which the vote will be held, which shall be not less than twenty  nor  more  than  thirty  days  after  the publication  or  posting  of such notice, and the place or places within the pre-existing school district at which the vote will  be  held.  Such notice  shall  be  published  at least once a week for three consecutive weeks preceding the  meeting  in  at  least  one  newspaper  in  general circulation in the pre-existing school district, and if there be no such newspaper  in  general circulation in the district, such notice shall be posted in at least five conspicuous places in  said  district  at  least twenty days before such meeting.   d. The proposed reorganization shall be subject to approval by:  (i)  a  majority  vote  of  the  qualified  voters  residing  in  such municipality, or a vote of at least two-thirds of the governing body  of such municipality, and  (ii) a majority vote of the qualified voters residing in the remaining school  district,  or  a  vote  of  at  least two-thirds of the board of education of the pre-existing school district provided that a member who resides in such municipality shall be ineligible to  vote  as  a  school board member on the proposition for reorganization.   e.  Notwithstanding  any  other  provision of law to the contrary, the board  of  education  of  the  pre-existing  school  district  shall  be authorized  to  establish  special election districts for the purpose of conducting the votes required under paragraph d of this subdivision, and the district superintendent shall  be  authorized  to  order  any  other modifications in school election procedures that are needed to carry out the provisions of this section.   4.  Order  of  district  superintendent. The clerk of the pre-existing school  district  shall  file  with  the   district   superintendent   a certification  of  the  results  of the votes required by paragraph d of subdivision three of this section. Upon filing of a  certification  that both  required  votes  are  in  favor  of  reorganization,  the district superintendent shall issue an order forming or reforming the new  school district,  altering  the  boundaries of the pre-existing school district accordingly,  and,  where  necessary,  reforming  the  remaining  school district  and  shall file such order in the manner prescribed in section fifteen hundred six of this chapter. The new school  district  shall  be formed as a union free school district authorized to provide instruction in  grades  kindergarten  through  twelve, except that if the new school district is coterminous with a city having a population of  one  hundred twenty-five  thousand  inhabitants  or  less, such order shall designate such district as a city school district. Notwithstanding the  foregoing, where  the  territory partitioned from a central high school district is coterminous with a former component school district of such central high school district, the district superintendent's order  shall  reform  the component  school district as a union free school district authorized to provide instruction in grades kindergarten through twelve. The remaining school district shall retain  its  status  as  a  union  free,  central, central  high  school or city school district, except that (i) where the new school district is a city  school  district,  the  remaining  school district  shall  be  reformed  as a union free school district, and (ii) where such reorganization would result in a central high school district with only one component  district,  the  district  superintendent  shall order  reformation  of the remaining central high school district into a union free school district.   5. Effect of partitioning of territory. a.  If  there  is  outstanding bonded  indebtedness chargeable against the pre-existing school district at the time  of  reorganization  incurred  while  the  territory  to  be partitioned  was part of such pre-existing school district, the district superintendent shall apportion such indebtedness between the new  school district  and  the  remaining  school  district  according to the actual valuation of  the  two  districts,  based  on  data  on  file  with  the commissioner; and any approved expenditures for debt service represented by  such apportioned indebtedness shall be eligible for an apportionment of  building  aid  computed  pursuant  to  subdivision  six  of  section thirty-six  hundred  two of this chapter using an aid ratio computed for use   in   any   year   commencing    with    the    nineteen    hundred eighty-one--eighty-two school year for the pre-existing school district. The  portion  of  such bonded indebtedness so apportioned shall become a charge upon the  respective  districts  as  though  the  same  had  been  incurred  by  said  districts  separately, and the amount so apportioned shall not be adjusted thereafter.   b.  Where  the  pre-existing school district has incurred indebtedness other than bonds or notes for  the  benefit  of  the  residents  of  the municipality  such  other  debt  may  be  apportioned  by  the  district superintendent between the new school district and the remaining  school district  in the manner and to the extent provided in the reorganization plan.   c. Upon the effective date of the reorganization, legal title and  all other  property rights to any school facility of the pre-existing school district that is  located  within  the  new  school  district  shall  be transferred  to  such new school district, except that school facilities of a central high school district  shall  remain  the  property  of  the central  high  school  district.    The  district  superintendent  shall apportion the value of any school facility so  transferred  between  the new  school  district and the remaining school district according to the actual valuation of the two districts based on data  on  file  with  the commissioner.  In  determining  such  value, the district superintendent shall deduct from the fair market  value  of  the  school  facility  the amount  of  any  outstanding  bonded indebtedness on such facility.  The cost of an appraisal to determine fair market value shall  be  a  charge upon  the  new school district. The board of education of the new school district shall reimburse the board of education of the remaining  school district  in an amount equal to the remaining school district's share of the value  of  the  school  facility  as  apportioned  by  the  district superintendent,  and  such  amount shall be a charge upon the new school district.   d. Any school bus or personal  property  of  the  pre-existing  school district  that  is no longer needed by the remaining school district may be transferred to the new school district upon such terms and conditions as may be agreed upon by the boards of education of the remaining school district and the new school district.   e. For any reorganization pursuant to this section that  takes  effect during  a  school  year, the district superintendent shall apportion the administrative expense of the board of cooperative educational  services chargeable  to  the  pre-existing school district between the new school district and the remaining district based on the actual valuation of the two districts.   f. Members of the teaching and supervisory staff of  the  pre-existing school  district  at the time of the reorganization shall have the right to select the school district in which he or she shall be considered  an employee,  with  the  same  tenure  status  he  or she maintained in the pre-existing school district. Such selection  shall  be  based  on  each teacher's  seniority in the pre-existing school district, with the right of selection passing from such teachers with the most seniority to  such teachers  with  the  least  seniority. Any such teacher who is unable to obtain a teaching position in the new school district because the number of positions needed is less than the number of teachers eligible  to  be considered  employees  pursuant  to  this  paragraph  shall, in such new school district and in the remaining school district,  be  placed  on  a preferred  eligible list of candidates for appointment to a vacancy that may thereafter occur in a position  similar  to  the  one  such  teacher filled  in  the  pre-existing  school  district.  Such teachers shall be appointed to vacancies in such corresponding or similar positions in the order of their length of service in the  pre-existing  school  district, within  seven years from the date of the reorganization pursuant to this section. For such teachers, for salary, sick leave or any other purpose, the length of service credited in the pre-existing school district shall  be credited as employment time with  the  new  school  district  or  the remaining school district, as applicable.   g.  Members  of  the  board  of  education  of the pre-existing school district who reside  in  the  territory  partitioned  pursuant  to  this section  shall  vacate  their  positions  on  the  effective date of the reorganization, and the vacancies so created  shall  be  filled  in  the manner  provided  by  law,  provided,  however,  that  if  the  board of education of the remaining school district is unable to obtain a  quorum to  vote  on  whether to fill such vacancies by appointment or to call a special district meeting to fill the vacancies by election within thirty days after the reorganization,  the  district  superintendent  shall  be authorized  to  fill  such  vacancies  until the next annual meeting and election of  the  district.  Whenever  a  school  district  is  reformed pursuant  to  this  section,  the  reformed school district shall be the successor in interest of the former school district  and  the  board  of education  of  the former school district shall continue as the board of education of the reformed school district, except that where  a  central high  school  district  is  reformed as a union free school district the board of education of the component school district that is  coterminous with  the  central  high  school  district  shall  become  the  board of education of the reformed school district, and the members of the  board of  education  of  the  central  high school district shall vacate their positions on the effective date of the reorganization.   h. Notwithstanding any other provision of law to the  contrary,  if  a proposal  for reorganization pursuant to this section is defeated by the voters, such proposal may not be resubmitted for a vote until two  years after the original vote.