senate Bill S5423B

Vetoed

Dissolves the West Park union free school district, in the town of Esopus and county of Ulster; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 19 / May / 2011
    • REFERRED TO EDUCATION
  • 02 / Jun / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 02 / Jun / 2011
    • PRINT NUMBER 5423A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1086
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1223
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING (T) 5423B
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO EDUCATION
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A8272A
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.415
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • VETOED MEMO.166

Summary

Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.

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Bill Details

See Assembly Version of this Bill:
A8272A
Versions:
S5423
S5423A
S5423B
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Rpld Chap 744 of 1973; amd §1, Chap 566 of 1967; amd §§4405 & 4403, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A8272A

Sponsor Memo

BILL NUMBER:S5423B

TITLE OF BILL:
An act
to amend the education law, in relation to the closure of certain
special act school districts; to provide for the payment of the debts
and obligations of the West Park union free school district in the town
of Esopus in the county of Ulster; to amend chapter 566 of the laws of
1967, relating to providing for the apportionment of funds to certain
special school districts, in relation to eliminating references to the
West Park union free school district; and to repeal chapter 744 of the
laws of 1973 relating to establishing and constituting as a separate
union free school district certain territory in the town of Esopus in
the county of Ulster, in relation thereto

PURPOSE:
Dissolves the West Park Union Free School District, in the town of
Esopus and county of Ulster;
repealer)

SUMMARY OF PROVISIONS:
Section 1 & 2 These sections provide for the dissolution of the West
Park Union Free School District, a Special Act school district.

Section 3 Any leftover funds will be returned to the social service
districts and school districts that had children at the Special Act
school district. The Ulster BOCES shall be authorized to act on
behalf of the school district.

Section 4 The BOCES is authorized to pay debts, bill for tuition, and
receive reimbursement.

Section 5 School districts and social service districts that had
children at the Special Act school district will pay the ongoing cost
of retiree healthcare annually pursuant to a contract and the final
tuition/closedown rate may be paid over three years.

Section 6 The Ulster BOCES will preserve the records of West Park
Union Free School District.

Section 7 The territory comprising West Park Union Free School
District shall revert to and become a part of the Kingston City
School District.

Section 8 The lease between the Missionary Sisters of the Sacred Heart
and the West Park Union Free School District.

Section 9 If a Special Act school district seeks to close the school
the Board shall provide notice to the Commissioner and a plan for
closure at least ninety days prior to closing. During the close down
period the Board of Education will periodically provide financial
reports and statements to the Commissioner.

Section 10 This bill requires Special Act school districts to provide
enrollment reports, proposed budgets and any financial statements the


Commissioner deems appropriate, and to monitor the fiscal stability
of Special Act school districts.

Section 11 Effective Immediately.

EXISTING LAW:
The current law establishes the existence of this school district.

JUSTIFICATION:
The West Park Union Free School district closed its doors at the end
of February 2011. This bill dissolves the existence of this school
and resolves any unpaid obligations.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect on immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5423--B
    Cal. No. 1223

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 19, 2011
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Education in
  accordance with Senate Rule 6, sec. 8 -- committee discharged and said
  bill committed to the Committee on Rules -- ordered to a  third  read-
  ing,  amended  and ordered reprinted, retaining its place in the order
  of third reading

AN ACT to amend the education law, in relation to the closure of certain
  special act school districts; to provide for the payment of the  debts
  and  obligations  of  the  West Park union free school district in the
  town of Esopus in the county of Ulster; to amend chapter  566  of  the
  laws  of 1967, relating to providing for the apportionment of funds to
  certain special school districts, in relation  to  eliminating  refer-
  ences to the West Park union free school district; and to repeal chap-
  ter  744 of the laws of 1973 relating to establishing and constituting
  as a separate union free school district certain territory in the town
  of Esopus in the county of Ulster, in relation thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Chapter  744 of the laws of 1973 relating to establishing
and constituting as a separate union free school district certain terri-
tory in the town of Esopus in the county of Ulster is REPEALED.
  S 2. Section 1 of chapter 566 of the laws of 1967, relating to provid-
ing for the apportionment of funds to certain special school  districts,
as  amended  by  chapter  478 of the laws of 2006, is amended to read as
follows:
  Section 1. Notwithstanding the provisions of section 3602  and  3602-b
of  the  education  law, and in lieu of any apportionments to which such
school districts might otherwise be  entitled  under  such  sections  or
under  any  other  provisions  of  law, the commissioner of education is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10327-10-2

S. 5423--B                          2

hereby authorized to include the following school districts in the annu-
al apportionment of  public  moneys  and  such  apportionment  shall  be
computed  in  accordance  with the provisions of sections two, three and
four  of this act: union free school district number twenty-seven of the
town of Dryden, Tompkins county; union free school district number eight
of the town of Canaan, Columbia  county;  union  free  school  districts
numbers  ten,  eleven,  twelve  and  thirteen of the town of Greenburgh,
Westchester county; union free school districts numbers three  and  four
of  the  town  of  Mount Pleasant, Westchester county; union free school
district number six, Blythedale, town  of  Mount  Pleasant,  Westchester
county;  and  Randolph Children's Home union free school district of the
town of Randolph, Cattaraugus  county;  [West  Park  union  free  school
district  number  two,  town  of  Esopus,  Ulster county;] common school
district number seven of the town of  Oyster  Bay,  Nassau  county;  the
Hopevale  union  free school district, town of Hamburg, Erie county; and
union free school district number  three,  town  of  Riverhead,  Suffolk
county.
  S 3. Any funds remaining in the possession of the West Park union free
school  district number two, after all of its debts and obligations have
been paid, shall be paid over  to  each  social  services  district  and
school  district  having resident children served by the West Park union
free school district number two in the 2010-2011 school year in the same
proportion as the number of students placed by each such social services
district or school district and served  by  the  West  Park  union  free
school  district  number  two  in the 2010-2011 school year bears to the
total number of students served by  the  West  Park  union  free  school
district  number  two in the 2010-2011 school year. Though the West Park
union free school district number two be dissolved, section 1518 of  the
education  law  shall be deemed to apply, and it shall continue to exist
in law for the purpose of providing for and paying all its  just  debts;
provided  that the board of cooperative educational services of the sole
supervisory district of the county of Ulster  (Ulster  BOCES)  shall  be
authorized  to  act on behalf of the school district pursuant to section
four of this act.
  S 4. Notwithstanding any other  provision  of  law  to  the  contrary,
during  any period in which there is no duly constituted board of educa-
tion of the West Park union free  school  district  number  two,  Ulster
BOCES  shall  be  authorized to take any actions on behalf of the school
district that are reasonably necessary to complete  the  close-down  and
dissolution  of  the  district  that  the board of education would have,
including but not limited to, the power to enter  contracts,  pay  debts
and  bill  for  and  receive any reimbursement due and owing for tuition
pursuant to article 81 of the education law or any  other  provision  of
law  for  services rendered to students on or before the school district
ceased operation on  February  28,  2011.  Any  other  reasonable  costs
incurred  for  closedown  of  the  school  district,  as approved by the
commissioner of education pursuant to subparagraph (ii) of  paragraph  j
of subdivision 4 of section 4405 of the education law, shall be included
in  a  closedown rate payable by each school district or social services
district responsible for tuition for students attending the special  act
school  district in the 2010-2011 school year. Notwithstanding any other
provision of law, rule or regulation to  the  contrary,  such  closedown
rate  may  be  payable  in three installments which shall be as equal as
practicable, over three consecutive years after the  closedown  rate  is
established.  In  such  capacity,  such board of cooperative educational
services and its officers and employees shall be entitled to defense and

S. 5423--B                          3

indemnification by the state pursuant to section eighteen of the  public
officers law.
  S 5. Notwithstanding any other provision of law, rule or regulation to
the  contrary,  each social services district and school district having
resident children served by the West Park  union  free  school  district
number  two  in  the 2010-2011 school year shall pay the costs of health
insurance for all former employees of the West Park  union  free  school
district number two, for whom such school district agreed by contract to
pay  the  costs of health insurance in retirement in the same proportion
as the number of students placed by each such social  services  district
or  school  district  and  served  by  the  West  Park union free school
district number two in the 2010-2011 school  year  bears  to  the  total
number  of  students  served by the West Park union free school district
number two in the 2010-2011 school year. The Ulster BOCES shall adminis-
ter the payment and billing for the health  insurance  premiums  to  and
from  civil service and/or the health insurance carriers, the employees,
and each social service district and school district that is responsible
for such payments to ensure that the former employees' health  insurance
remains  in effect, to the extent required under the employees' contract
with the West Park union free school district number  two.  Such  annual
amount shall be paid in a manner prescribed by the commissioner.
  S  6.  The  records of the West Park union free school district number
two, shall be forwarded to the district superintendent of schools of the
Ulster BOCES for preservation. Notwithstanding any  other  provision  of
law  to  the contrary, such records shall be deemed to be records of the
Ulster BOCES for purposes of the  management  and  disposition  of  such
records  and  local  government  records  management  grants pursuant to
section 57.35 of the arts and cultural affairs law.
  S 7. The territory comprising the West Park union free school district
number two, town of Esopus, county of Ulster, shall revert to and become
a part of the Kingston city school district in the county of Ulster.
  S 8. That certain Agency Lease dated August 12, 1998 between  Mission-
ary  Sisters  of the Sacred Heart, a New York not-for-profit corporation
and West Park union free school district number  two  is  hereby  termi-
nated.
  S  9. Subdivision 4 of section 4405 of the education law is amended by
adding a new paragraph j to read as follows:
  J. (I) IF THE BOARD OF EDUCATION OF  A  SPECIAL  ACT  SCHOOL  DISTRICT
LISTED IN CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED
SIXTY-SEVEN,  AS  AMENDED, SEEKS TO CLOSE A SPECIAL ACT SCHOOL DISTRICT,
THE BOARD OF EDUCATION OF THE SPECIAL ACT SCHOOL DISTRICT SHALL  PROVIDE
WRITTEN  NOTICE TO THE COMMISSIONER OF EDUCATION WITH A PLAN FOR CLOSURE
OF THE SCHOOL AT LEAST NINETY DAYS PRIOR TO THE CLOSING DATE. SUCH  PLAN
SHALL  INCLUDE  PROVISION  FOR  THE  SAFE  AND  ORDERLY TRANSFER OF EACH
STUDENT WITH A DISABILITY WHO WAS PUBLICLY PLACED IN THE PROGRAM  AND  A
DETAILED AND ITEMIZED LIST OF ESTIMATED EXPENSES NECESSARY TO CLOSE DOWN
THE SCHOOL AND A DETAILED AND ITEMIZED LIST OF ANY ESTIMATED REVENUES TO
BE RECEIVED.
  (II)  DURING  THE  CLOSE-DOWN PERIOD AND UNTIL ALL NECESSARY FINANCIAL
OBLIGATIONS OF THE SCHOOL DISTRICT HAVE BEEN MET PURSUANT TO THIS  PARA-
GRAPH,  THE  COMMISSIONER  SHALL  REQUIRE  THE BOARD OF EDUCATION OF THE
SCHOOL DISTRICT TO PERIODICALLY SUBMIT, AS REQUIRED BY THE COMMISSIONER,
FINANCIAL REPORTS  AND  FINANCIAL  STATEMENTS,  DETAILING  ANY  TUITION,
AND/OR  CLOSE-DOWN  COSTS  AND  ANY  REVENUES GENERATED. IN APPLYING THE
REIMBURSEMENT METHODOLOGY TO ANY REMAINING TUITION COSTS AND  ANY  OTHER
REASONABLE AND APPROPRIATE EXPENSES NEEDED TO CLOSE DOWN THE SPECIAL ACT

S. 5423--B                          4

SCHOOL DISTRICT, THE COMMISSIONER SHALL REJECT ANY CLOSE-DOWN COSTS THAT
ARE UNNECESSARY OR UNREASONABLE TO CLOSE DOWN THE SCHOOL, WHETHER OR NOT
THE BOARD OF EDUCATION SUBMITS A CLOSE-DOWN PLAN.
  S  10.  Section  4403  of the education law is amended by adding a new
subdivision 21 to read as follows:
   21. TO REQUIRE SPECIAL ACT SCHOOL DISTRICTS TO PROVIDE, ON AN  ANNUAL
BASIS  OR  MORE  FREQUENTLY,  AS  NEEDED,  ENROLLMENT REPORTS, INCLUDING
CURRENT AND PROJECTED ENROLLMENTS, PROPOSED BUDGETS  AND  ANY  FINANCIAL
STATEMENTS  THE  COMMISSIONER  DEEMS  APPROPRIATE, TO MONITOR THE FISCAL
STABILITY OF SPECIAL ACT SCHOOL DISTRICTS.
  S 11. This act shall take effect immediately.

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