NY Educ L § 1526 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 31 - School Districts 1526 - Enlarged City School Districts.

§ 1526. Enlarged  city  school  districts.    1.  The  commissioner of   education is hereby authorized and empowered  to  create  enlarged  city   school  districts by consolidation of city school districts of cities of   less than one hundred twenty-five thousand inhabitants with such area or   areas contiguous to such city school districts as,  in  his  discretion,   are  suitable for the establishment of enlarged city school systems, and   to fix, determine and define the boundaries of such  enlarged  districts   as provided in this section.2.  The  commissioner  is  hereby authorized and empowered to make and   enter in his office orders laying out such area or areas contiguous to a   city school district of a city of  less  than  one  hundred  twenty-five   thousand  inhabitants,  provided, however, that no school district which   has an outstanding bonded indebtedness shall be divided by such order in   such manner that only a part of such district is  included  in  such  an   area.3.  Within ten days after the making and entry of an order pursuant to   this section, the commissioner shall transmit a certified  copy  thereof   to  the board of education of the city school district and the clerk, or   in the event there is no clerk, to  the  trustee  or  trustees  of  each   school  district  wholly  or partly included in such area or areas. Such   clerk, trustee or trustees, as the case may be, shall, within five  days   after  receipt  of  such  order, post a copy thereof in five conspicuous   places in such district.4. No such area or areas laid out by order of the  commissioner  shall   be  consolidated  with such city school district until a majority of the   qualified voters of such area or areas have  adopted  a  proposition  to   consolidate  such  area  or  areas  with  the  city  school district, as   provided in this section, and until the board of education of  the  city   school  district  has consented to such consolidation by resolution duly   adopted and has transmitted a certified copy of such resolution  to  the   commissioner.5.  When  the  order  laying  out such area or areas has been made and   entered as provided in this section, a  petition  may  be  presented  by   persons   qualified   to   vote  at  school  meetings,  asking  for  the   establishment of an enlarged city school district by  the  consolidation   of such area or areas with the city school district. Such petition shall   be  signed  by  a  number  of qualified voters equal to at least ten per   centum of the children in the area or  areas  according  to  the  latest   school  census  for the area or areas laid out by the commissioner. Such   petition shall be filed with the commissioner and shall request that  an   election of the qualified voters within such area or areas be called for   the  purpose  of  determining whether or not such area or areas shall be   consolidated with the city  school  district.  If  the  commissioner  is   satisfied  that  the  petition  has been duly signed as provided in this   section, he shall fix a time and place or places for an election of  the   qualified voters within each such area, which election shall be held not   more than thirty days after the filing of such petition.6.  The  commissioner of education shall divide the area into a school   election district or districts. The area shall be  so  divided  that  if   circumstances   will  permit,  the  school  election  district  will  be   coterminous with one or more school districts, or parts or  combinations   thereof,  and that, if practicable, there shall be a schoolhouse in each   school election district. The commissioner shall describe each  of  such   election  districts.  If  there  is  no  public  schoolhouse in a school   election district, the commissioner shall designate the place where  the   election in such district shall be had.7.  The  commissioner shall cause notice of such election to be posted   at least ten days before the election in  three  conspicuous  places  in    each  school district wholly or partly within such area.  In addition to   the posting of such notice a copy thereof shall be  published  at  least   seven  days before the election in a daily or weekly newspaper published   within  the  area  or in a newspaper having general circulation therein.   Such notice shall state the day of election and the hours the polls  are   to  be  open,  shall  describe the school election district or districts   into which the area is divided, shall specify the schoolhouses or  other   places  therein  where  such election will be held and where the ballots   will be canvassed.8. The election shall take place  during  at  least  four  consecutive   hours between the hours of seven o'clock in the forenoon and ten o'clock   in the evening, as determined by the commissioner of education.9.  Any  person  qualified  to  vote  in any school district wholly or   partly within the area laid out by  the  commissioner  and  who  resides   within such area shall be qualified to vote at the election. Before each   person  casts  his  ballot  he  shall  be  required  to sign a statement   contained in a poll book provided for the purpose, declaring that he  is   a qualified voter within the area.10. The commissioner of education shall appoint a board of canvass for   the  entire area. Such board shall organize by naming one of its members   as chairman and shall, as soon as the ballot boxes and books  containing   the  names  of the voters have been delivered to the board of canvass in   the place designated by the commissioner of  education,  count  all  the   ballots.  Prior to ascertaining the manner in which any voter has marked   his ballot, the number of ballots from  each  school  election  district   shall  be counted separately without opening them and if the number does   not correspond with the number of names contained in the  poll  book  of   such  school election district, the board before canvassing the ballots,   shall withdraw therefrom a number  sufficient  to  make  the  number  of   ballots   correspond  with  the  number  of  names  in  the  poll  book.   Thereafter, and before ascertaining the manner in which  any  voter  has   voted,  the board of canvass shall cause the ballots cast at each school   election district to be thoroughly intermingled with  each  other  in  a   single  ballot box large enough to contain the aggregate number of votes   cast. A majority of the valid votes cast shall be necessary to adopt the   resolution.  Such board shall certify to the commissioner  of  education   the  total  number of votes cast, the number of valid votes cast for the   proposition to consolidate the area with the city school  district,  the   number  of  valid votes cast against the proposition, the number of void   ballots and the number of blank ballots. The board of canvass shall file   a copy of such certificate with each superintendent of schools in  whose   jurisdiction  such  area  is  located and shall also file a copy thereof   with the town clerk of each town in which  any  part  of  such  area  is   located.  The  board  of  canvass  shall  seal  the  books  and  ballots   immediately upon completion of the certificate setting forth the result,   and shall file such sealed books and ballots with the board of education   of the city school district, which board of education shall  retain  and   dispose  of  such  books and ballots as provided by law. If an appeal is   brought from the election,  the  ballots  shall  be  available  for  the   inspection of the commissioner of education.11.  The commissioner of education shall designate a member or members   of the board of canvass to act as an election board for the  conduct  of   the  election in each school election district. The election board shall   administer the challenges.12. The board of canvass shall furnish poll books, ballots and  locked   ballot boxes for each school election district.13.  After  the  polls  are  closed,  and after all persons within the   polling place have voted, the election board shall forthwith proceed  to    deliver  to  the  board  of  canvass  at  the  place  designated  by the   commissioner of education, the ballot box and the  book  containing  the   names  of  the voters. Any wilful violation of this paragraph shall be a   misdemeanor.14.  Upon  an  appeal  to  the  commissioner of education, substantial   compliance with the procedures herein required shall  be  sufficient  to   meet the intent of this section.15.  If the proposition to consolidate such area with such city school   district is adopted, the commissioner may by order consolidate such area   or areas, and  all  school  districts  and  parts  of  school  districts   included  therein,  with  such  city  school  district. Such order shall   specify a date on which the same shall take effect, and  the  provisions   of  sections  fifteen  hundred  fourteen,  fifteen hundred seventeen and   fifteen hundred eighteen shall be applicable to  such  consolidation.  A   copy of such order shall be filed with the clerk of each school district   affected thereby.16.  If  at any such election the proposition to consolidate shall not   be adopted, no such election shall again be called within one year after   such original election. If no election shall be called to reconsider the   question within two years after such original election or if at any such   election called within  two  years  after  such  original  election  the   proposition  shall again fail of adoption, the order of the commissioner   laying out such area or areas shall be deemed null and void  and  of  no   further force and effect.17.  Unless  the  effective  date of such order of consolidation shall   coincide with the beginning of  the  fiscal  year  of  the  city  school   district,  the  board  of education of the city school district upon the   effective date of the order of consolidation, shall levy a tax upon  the   area  so  consolidated  with  the  city  school  district, to defray the   expenses of educating the pupils of such area from the effective date of   the consolidation to the beginning of the next ensuing  fiscal  year  of   the city school district. For this purpose, the school tax rate used for   the fiscal year of the city school district in progress on the effective   date of such order shall be used, except that such rate shall be divided   by twelve and multiplied by the number of months intervening between the   effective  date  of  such  order  and  the beginning of the next ensuing   fiscal year of the city school district. The tax list for  this  purpose   shall  be  prepared and confirmed within thirty days after the effective   date of such consolidation.18. In any enlarged city school  district  created  pursuant  to  this   section,  the  proper  equalization  rate  or  rates  shall be fixed and   determined annually pursuant to the provisions  of  section  thirty-five   hundred five of this chapter.19.  The  expense  of  posting  and  publishing  of the notices and of   furnishing the poll books, ballots  and  ballot  boxes  shall  be  borne   equally by the several school districts wholly or partly included within   such  area,  unless  a  consolidation order is made, in which event such   expense shall become a charge upon the enlarged city school district.