2023 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.