2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 31 - School Districts › 1524 - Consolidation With City School District.

§  1524.  Consolidation with city school district.  1. Notwithstanding
  the provisions of this chapter or any other general, special,  or  local
  law  to the contrary, whenever the qualified voters of a school district
  which is contiguous to the city school district of a city with less than
  one hundred twenty-five thousand inhabitants, according  to  the  latest
  federal census, by a majority vote taken at an annual or special meeting
  of  such  district  shall adopt a proposition to consolidate such school
  district with such city school district, and the board of  education  of
  such  city  school  district  shall  by  resolution duly adopted consent
  thereto, the commissioner of education may  by  order  consolidate  such
  school  district with such city school district; provided, however, that
  where several school districts are contiguous to each other and at least
  one of such school districts is contiguous to such city school district,
  such vote may be taken in each of such  school  districts  at  the  same
  time,  and  if  the  proposition to consolidate is adopted by a majority
  vote in each such district, including any votes cast by absentee  ballot
  as  provided  under  section  two  thousand  eighteen-a  or two thousand
  eighteen-b of this title, whichever shall apply, and any votes  cast  by
  early mail ballots as provided in section two thousand eighteen-e or two
  thousand  eighteen-f  of this title, whichever shall apply, and upon the
  consent of the city school district board of education, the commissioner
  of  education  may  include  each  such  district  in   one   order   of
  consolidation;  provided,  further,  however, that if the proposition to
  consolidate is not adopted by a majority vote in each such district, but
  is so adopted in one or more of such districts, upon the consent of  the
  city school district board of education, the commissioner may include in
  one  order  of  consolidation only such district or districts as, either
  singly or as a group, are contiguous to such city school district.  Such
  order  shall  specify  a  date  on which the same shall take effect, and
  shall have the same effect as an order made by a district superintendent
  dissolving two or  more  common  school  districts  and  forming  a  new
  district  therefrom,  or  dissolving one or more common school districts
  and uniting the territory thereof to a union free school district  under
  the provisions of article thirty-one of this title. A copy of such order
  shall be filed with the clerk of each school district affected thereby.
2.  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.
3. In any city school district with which one or more school districts
  shall have been consolidated under the provisions of this  section,  the
  proper equalization rate shall be fixed and determined annually pursuant
  to the provisions of section thirty-five hundred five of this chapter.