2023 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.