NY Educ L § 1705 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 35 - Union Free School Districts 1705 - Annexing Territory to a Union Free School District.

§ 1705. Annexing  territory  to  a  union  free  school  district.  1.   Territory may be annexed to a union free school district as provided  in   this section.a.  The  commissioner is authorized and empowered to make and enter in   the commissioner's office orders dissolving one or  more  common,  union   free  or  central  school  districts  and annexing the territory of such   districts, or portions thereof, to one  or  more  adjoining  union  free   school  districts,  subject  to  approval  of  the voters of each school   district affected thereby.b. When an order annexing territory to a union  free  school  district   has  been made and entered as provided in this section, the commissioner   shall, within ten days thereafter, cause certified copies of said  order   to be filed with the clerk or school authorities of each school district   affected  thereby.  Within  thirty  days  of  filing  of such order, the   commissioner shall fix a time and place for a  special  meeting  of  the   qualified  voters  of  each  school  district  affected  by the proposed   annexation and shall cause notice thereof to be posted at least ten days   before each such  meeting  in  ten  conspicuous  places  in  the  school   district.  In  addition  to  the  posting of such notice, a copy thereof   shall be duly published, at least three days before each  such  meeting,   in  a  daily  or  weekly  newspaper  published  within,  or  in  general   circulation in, the school district in which such meeting is to be held.   The expense of posting and publishing such notice shall be a charge upon   the school district conducting such meeting.2. Except as  provided  in  this  subdivision,  any  special  district   meeting  held pursuant to paragraph b of subdivision one of this section   shall be conducted  in  accordance  with  the  procedures  specified  in   section eighteen hundred three of this chapter.a.  At  a  meeting  held pursuant to paragraph b of subdivision one of   this section, a resolution in substantially the following form shall  be   presented  for  the  action  and  determination  of  the  meeting, viz.:   "Resolved that the...(insert simplified name of district  in  accordance   with  section  three hundred fifteen of this chapter) school district be   annexed to the...union free school district (designate union free school   district) as provided in the order of the commissioner of education  now   before this meeting."b.  If  at any such meeting the resolution described in paragraph a of   this subdivision shall be presented and  shall  not  be  adopted,  there   shall  be  no  further  proceedings  at such meeting, except a motion to   reconsider the question. No such meeting shall again be  called  by  the   commissioner  within one year after such original meeting. If no meeting   shall be called to reconsider the question within two years  after  such   original  meeting,  or  if  at  any such meeting called within two years   after such original meeting the resolution shall again  be  rejected  by   the  voters,  the  order  of  the  commissioner  to which the resolution   relates shall be deemed null and void and of no further force or effect.c. If the resolution submitted to the voters as provided in  paragraph   a  of  this  subdivision  shall  be adopted by the voters of each school   district affected by  the  order  of  the  commissioner,  the  territory   described  therein shall thereupon be annexed to the existing union free   school district or districts as provided in such order.3. Whenever a common school district, union free  school  district  or   central  school  district becomes a part of a union free school district   pursuant to the provisions  of  this  section,  the  union  free  school   district  of  which  any  such  district shall have become a part, shall   succeed to all the property rights of such common, union free or central   school districts and  all  indebtedness  of  any  such  school  district   evidenced  by bonds or notes or relating to school building construction    shall become a charge upon such union free school district of which such   district shall have become a part, but all  other  indebtedness  of  any   such  district shall be paid by any such district in accordance with the   provisions  of  section  fifteen hundred eighteen of this chapter and to   that extent any such district shall continue to exist  in  law  for  the   purpose  of providing for and paying all such indebtedness in accordance   with the provisions of such section.4. Notwithstanding any other  provision  of  law,  whenever  a  common   school  district,  union free school district or central school district   is annexed in its entirety to a union free school district  pursuant  to   this  section,  all employees of the former school districts at the time   of dissolution shall immediately become  employees  of  the  reorganized   union  free school district, shall retain their tenure and/or employment   status and the  seniority  gained  in  the  annexed  district,  and  the   seniority  list of the employees of the annexed school district shall be   merged with the seniority list of the employees of the  annexing  school   district. If the number of teaching positions needed to provide services   in the reorganized union free school district is less than the number of   teachers considered to be employees of the reorganized union free school   district  pursuant  to  this  subdivision,  the board of education shall   abolish the unneeded positions and place teachers on preferred  eligible   lists  in  accordance  with  section  three  thousand  thirteen  of this   chapter. For salary, sick leave and other purposes, an employee's length   of service with  the  annexed  school  district  shall  be  credited  as   employment  time  with  the  annexing  union  free school district. This   section shall in no way be construed to limit the  rights  of  any  such   employees  set  forth  in this section granted by any other provision of   law.