NY Educ L § 1913 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 39 - Central High School Districts 1913 - Laying Out; Referendum Procedure.

§ 1913. Laying  out;  referendum  procedure.    1. The commissioner is   authorized  to  lay  out  a  central  high  school  district   for   the   establishment  and  maintenance  of  instruction for secondary pupils in   grades seven through twelve and to fix its boundaries.2. Within ten days after the making and entry of the order pursuant to   this section, the commissioner shall transmit a certified  copy  thereof   to  the  clerk,  or  in  the  event there is no clerk, to the trustee or   trustees of each school district affected by such order. The clerk,  the   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.3.  No  central  high  school  district  laid  out  by  order  of  the   commissioner  shall operate as such until it has been established by the   qualified voters of the district in accordance with  the  provisions  of   this article.4.  Upon  the request of the boards of education of two or more school   districts involved,  or  upon  the  receipt  of  petitions  representing   qualified voters equal to ten percent of resident school age pupils from   each  of  a  majority  of the districts to be included, the commissioner   shall order a referendum to  be  conducted  in  each  of  the  districts   included  in  the proposed reorganization. The conduct of such referenda   shall be consistent with the provisions  of  sections  eighteen  hundred   one,  eighteen  hundred two, eighteen hundred three and eighteen hundred   four of this chapter, except as specifically provided in  this  article.   If  the  resolution  to  establish  the  central high school district is   passed in all of the districts, the central high school  district  shall   be  established as laid out. If the proposition to establish the central   high school district shall fail to receive a majority of the votes  cast   in  any district, the order laying out such central high school district   shall be deemed void. However, nothing herein  contained  shall  prevent   the  commissioner  from  issuing  a  new  order  and  ordering a vote in   districts in which a resolution shall have received a  majority  of  the   votes  cast.  An order defeated at the polls may not be reissued for two   years.  Notwithstanding any inconsistent provision of law, upon  consent   of  the  commissioner  and each of the boards of education of the school   districts involved, there may  also  be  offered  before  the  qualified   voters  of all the districts, at the same time as the referendum to form   a central high school district, a bond referendum for  the  construction   of  a  new  high  school  to serve as the central high school of the new   central  high  school  district,  provided,  however,  that  if   either   referendum  shall  fail  to  gain approval, both shall be deemed to have   failed and provided, further, that the boards of education of the school   districts  involved  shall  submit  the  proposition   and   that   such   proposition  shall  be  deemed  to  have  been submitted by the board of   education of the newly formed central high school district. The board of   education of the central high school district subsequently formed  shall   be  authorized  to  carry  out  all  acts  necessary  to effectuate such   construction, and such board  shall  be  deemed  to  have  assumed  full   authority  to  take  all  action necessary and to proceed with all other   business to establish the central high school district and to enter into   any and  all  contracts,  including  but  not  limited  to  construction   contracts,  and  be  eligible  for  any  and all state aid and state aid   reimbursement pursuant to subdivision six and paragraph c of subdivision   fourteen of section thirty-six hundred two  of  this  chapter,  provided   that  the percent increase pursuant to such paragraph c shall be thirty,   and shall be in effect for expenditures incurred on or  after  the  date   upon  which  a bond referendum for the construction of a new high school    to serve as the central high school  of  the  new  central  high  school   district is offered before the qualified voters of the district.