senate Bill S5593

Signed by Governor

Relates to the Randolph Academy union free school district and the dissolution of union free school district number 3 in the town of Hamburg

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Bill Status


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

  • 03 / Jun / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1259
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 15 / Jun / 2011
    • SUBSTITUTED FOR A8100
  • 15 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.290
  • 15 / Jun / 2011
    • PASSED ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 08 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 20 / Jul / 2011
    • SIGNED CHAP.213

Summary

Relates to the Randolph Academy union free school district and the dissolution of union free school district number 3 in the town of Hamburg.

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Bill Details

See Assembly Version of this Bill:
A8100
Versions:
S5593
Legislative Cycle:
2011-2012
Law Section:
Public Authorities Law
Laws Affected:
Amd §4, Chap 140 of 1985; amd §3, ren §6 to be §10, add §§6 - 9, Chap 934 of 1971; amd §1, Chap 566 of 1967; amd §§1676 & 1680, Pub Auth L; add §3-a, Chap 737 of 1988
Versions Introduced in 2011-2012 Legislative Cycle:
A8100

Sponsor Memo

BILL NUMBER:S5593

TITLE OF BILL:
An act
to amend
chapter 140 of the laws of 1985
relating to establishing the Randolph
Children's Home union free school district, chapter 934 of the laws of
1971 relating to the establishing and constituting as a separate union
free school district certain territory in the town of Hamburg in the
county of Erie, chapter 566 of the laws of 1967 relating to
providing for the apportionment of funds to certain special school
districts, chapter 737 of the laws of 1988 amending the education law
and other laws relating to the apportionment of funds to certain school
districts, and to amend the public authorities law, in relation to the
Randolph Academy union free school district

PURPOSE:
The purpose of the legislation is to provide for the expansion of the
existing territory of the Randolph Academy union free school district
located in the town of Randolph, county of Cattaraugus to include the
territory which currently comprises the union free school district
number three in the Town of Hamburg, county of Erie commonly known as
the Hopevale union free school district. This territory expansion
will allow the Randolph Academy union free school district to
continue to fulfill the educational service needs of the county of
Erie once the Hopevale union free school district is dissolved by the
legislation. Finally, the legislation will permit the Randolph
Academy union free school district to acquire the buildings in the
territory of the Hopevale union free school district and to finance
such acquisition, if purchased, through the Dormitory Authority of
the State of New York.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the existing authority of Randolph Academy union
free school district by renumbering existing section 4 of chapter 140
of the laws of 1985 to "4.a." and adding new §4. b. through §4.d.

§4.b. authorizes Randolph Academy union free school district, with the
consent of the New York State Education Department, to acquire,
purchase, lease or otherwise operate the territory and buildings
constituting the union free school district number three, town of
Hamburg, county of Erie (known as the Hopevale union free school
district) and to operate educational programs approved by the state
education department at such site.

§4.c. allows Randolph Academy union free school district territory to
include the Hopevale union free school district territory for so long
as such territory is held by deed or lease, and upon any termination
of such interest, allows for the reversion of the territory to the
Frontier central school district provided all the bonds or notes
issued by the Dormitory Authority of the State of New York in
connection with the financing of certain improvements in such
territory are no longer outstanding.


§4.d. authorizes the Randolph Academy union free school district, with
the consent of the state education department, to operate, purchase
or lease the territory, facilities and assets currently or formerly
of the union free school district number three, town of Hamburg,
county of Erie known as Hopevale union free school district and/or
owned by Hopevale, Inc.

Section two amends the existing provisions of chapter 934 of the laws
of 1971 and chapter 501 of the laws of 1986 relating to the Hopevale
union free school district by amending the existing §3.a) by
providing an exception to the required reversion of the territory
comprising such school district to the Frontier central school
district upon the ceasing of its operation in the case of continued
operation by the Randolph Academy union free school district.

Section two also adds a new §3.b), whereby only a portion of the
existing territory of the Hopevale union free school district is
acquired, purchased or leased or otherwise operated by the Randolph
Academy union free school district, the remaining portion of such
territory shall cease to be a part of the Hopevale union free school
district and if such remaining portion is sold to a party other than
Randolph Academy union free school district, such territory shall
revert to the Frontier Union free school district.

Section three adds four new sections (6, 7, 8 and 9) to chapter 934 of
the laws of 1971 relating to the Hopevale union free school district.

§6 states that if the territory of the Hopevale union free school
district is purchased by a party other than Hopevale, Inc, Our Lady
of Refuge or the Randolph Academy union free school district, such
district known as the Hopevale union free school district continues
to exist as a non-operating union free school district only for the
purposes set forth in section 8 of the act, and when the bonds or
notes of the Dormitory Authority of the State of New York issued in
connection with the financing of certain facilities at such school
district are no longer outstanding, the Hopevale union free school
district shall be dissolved and its territory shall revert to the
Frontier central school district, and while non-operating, the
Hopevale union free school district shall be ineligible for state aid.

§7 provides that in the event all or a portion of the territory of the
Hopevale union free school district is acquired, purchases, leased or
otherwise operated by the Randolph Academy union free school
district, the Hopevale union free school district will continue as a
non-operation school district only for the purposes described in
section 8 of the act for the duration of the period in which Randolph
Academy owns, leases or operates such territory or until the bonds or
notes of the Dormitory Authority of the State of New York issued in
connection with the financing of certain facilities at such school
district are no longer outstanding, and during such period as a
non-operating school district, the Hopevale union free school
district shall be ineligible for state aid and will be dissolved at
the conclusion of such period.

§8 of the bill is divided into two subsections. Subsection a. provides
for the continuation of the Hopevale union free school district as a
non-operating school district when its territory is acquires, leased


or otherwise operated by Randolph Academy until such time as the
bonds and notes of the Dormitory Authority of the State of New York
issued in
connection with the financing of certain facilities at such .school
district are no longer outstanding and provides for the distribution
of the remaining assets of such union free school district after such
time to the first supervisor district of Erie county unless
otherwise provided. Subsection b. provides for the delivery of the
records of the Hopevale union free school district upon its
dissolution to the first supervisor district of Erie county unless
otherwise provided.

§9 of the bill states that in the event the territory of the Hopevale
union free school district is acquired, purchase, leased or otherwise
operated by the Randolph Academy union free school district, the
records {subsection a.} and remaining funds (subsection b.) of
Hopevale union free school district shall be delivered to Randolph
Academy union free school district. Subsection c. authorizes Randolph
Academy union free school district to receive reimbursement for
tuition or maintenance pursuant to provisions of the education law
and to receive building aid payments for payment to the Dormitory
Authority of the State of New York issued in connection with the
financing of certain facilities at such school district. Subsection
d. authorizes the funds held by the state comptroller for payment of
the bonds and notes of the Dormitory Authority of the State of New
York issued in connection with the financing of certain facilities at
the Hopevale union free school district to continue to be so held for
such payment(s).

Section four authorizes, but does not require, Randolph Academy union
free school district to assume the obligations of the Hopevale Union
free school district to the Dormitory Authority of the State of New
York or to operate the facilities at such school district, and
authorizes each such school district to enter into such agreements as
are necessary to fulfill such intent.

Section five deletes the reference to the Hopevale union free school
district from the apportionment of certain state funds under chapter
566 of the laws of 1967.

Section six adds a new undesignated paragraph to paragraph (b) of
subdivision 2 of section 1676 of the public authorities law and adds
Randolph Academy union free school district for the purpose of
financing, acquisition, construction, reconstruction, renovation and
improvement for facilities located in Erie county, New York.

Section seven adds a new undesignated paragraph to subdivision 1 of
section 1680 of the public authorities law authorizing the Dormitory
Authority of the State of New York to extend financing to the
Randolph Academy union free school district for the purpose of
financing, acquisition, construction, reconstruction, renovation and
improvement for facilities located in Erie county, New York.

Section eight adds a new section 3{a) to chapter 737 of the laws of
1988 and authorizes Randolph academy union free school district to
enter into certain agreements and leases with the Dormitory Authority
of the State of New York to the extension of financing to the


Randolph Academy union free school district for the purpose of
financing, acquisition, construction, reconstruction, renovation and
improvement for facilities located in Erie county, New York.

Section nine states the effective date of the bill as July 1, 2011.

JUSTIFICATION:

Both Hopevale union free school district (HUFSD) and Randolph Academy
union free school district (RAUFSD) are special act public school
districts located in Western New York. Both special act public school
districts were created by the legislature to provide intensive
quality education for special needs students within specified
residential facilities. The special act public school district's
programs are approved by the New York State Education Department,
offering such services as therapy, counseling, and behavior
management in addition to a full twelve month academic program. While
the authority to provide educational services is contingent on the
existence of the residential facility, special act public school
districts also provide services to day students.

Both HUFSD and RAUFSD are located on property owned by private entities.
Hopevale Inc., the residential facility that serves the students of
HUFSD, has recently elected to close. As stated, without a
residential facility, HUFSD loses its authority to provide
educational services and therefore is required to close as well. This
loss affects not only the educational program and related services
provided to the residential students, but also the students
participating in HUFSD's day program. The closure of HUFSD will
negatively impact the special needs children living in Western New
York.

This legislation permits RAUFSD to continue providing the educational
services needed in Erie county by extending its territory to include
the HUFSD. The legislation permits RAUFSD to acquire, purchase, lease
or otherwise operate the faculties located at HUFSD, and authorize
the Dormitory Authority of the State of New York to extend financing
to the RAUFSD for the purpose of such acquisition, purchase or lease.

These are necessary provisions required to ensure that the students
served by HUFSD will continue to receive educational and related
services that meet the specialized needs of their individual
educational plans.

In addition, by authorizing RAUFSD to extend its service area the
legislation provides an opportunity for 50 jobs to be saved which
would otherwise been lost to the closure of HUFSD.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect July 1, 2011, provided that if it shall
become a law after such date, this act shall take effect immediately
and shall be deemed to have been in full force and effect on and
after July 1, 2011;
except that section five of this act shall take effect upon
dissolution of union free school district number three in the town of
Hamburg, Erie county pursuant to the provisions of section three of
this act.

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

                                  5593

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend chapter 140 of the laws of 1985 relating to establishing
  the  Randolph  Children's Home union free school district, chapter 934
  of the laws of 1971 relating to the establishing and constituting as a
  separate union free school district certain territory in the  town  of
  Hamburg  in the county of Erie, chapter 566 of the laws of 1967 relat-
  ing to providing for the apportionment of  funds  to  certain  special
  school  districts, chapter 737 of the laws of 1988 amending the educa-
  tion law and other laws relating to  the  apportionment  of  funds  to
  certain  school districts, and to amend the public authorities law, in
  relation to the Randolph Academy union free school district

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

  Section  1.   Section 4 of chapter 140 of the laws of 1985 relating to
establishing the Randolph Children's Home union free school district, is
amended to read as follows:
  S 4. A. Whenever any territory adjoining any  part  of  the  territory
described in this act, shall be acquired or purchased by the Western New
York  Society  for the Protection of Homeless and Dependent Children, or
shall be held by said society in accordance with the provisions  of  the
not-for-profit  corporation  law,  the  same  shall become a part of the
union free school district hereby established and shall,  together  with
the territory described in this act, enjoy all the powers and privileges
of  a  union  free school district under the provisions of the education
law.
  B. THE RANDOLPH ACADEMY UNION FREE SCHOOL  DISTRICT,  SUBJECT  TO  THE
CONSENT  OF  THE  STATE  EDUCATION DEPARTMENT, IS AUTHORIZED TO ACQUIRE,
PURCHASE, LEASE, OR OTHERWISE OPERATE ANY PART OR ALL OF  THE  TERRITORY
CONSTITUTING  THE UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE TOWN OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11922-01-1

S. 5593                             2

HAMBURG, ERIE COUNTY AS CREATED BY CHAPTER 934 OF THE LAWS OF  1971,  AS
AMENDED BY CHAPTER 501 OF THE LAWS OF 1986, AND THE FACILITIES AVAILABLE
TO BE USED BY THE UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE TOWN OF
HAMBURG,  ERIE  COUNTY  IN  FULFILLING ITS PURPOSES AND SITUATED ON SUCH
TERRITORY, FOR THE PURPOSE OF OPERATING EDUCATIONAL PROGRAMS APPROVED BY
THE STATE EDUCATION DEPARTMENT AT SUCH SITE.
  C. ANY TERRITORY ACQUIRED, PURCHASED, LEASED OR OTHERWISE OPERATED  BY
THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT AS SET FORTH IN SUBDIVI-
SION  B  OF  THIS  SECTION  SHALL  BECOME PART OF SUCH UNION FREE SCHOOL
DISTRICT FOR SO LONG AS SUCH TERRITORY IS HELD BY SUCH UNION FREE SCHOOL
DISTRICT BY DEED, LEASE, OR OTHERWISE.  WHERE  SUCH  ACQUISITION  IS  BY
LEASE,  OR  OTHER  AGREEMENT HAVING A FIXED TERM OR IS TERMINABLE BY ANY
PARTY, SUCH TERRITORY SHALL CEASE TO BE A PART OF THE UNION FREE  SCHOOL
DISTRICT  CREATED BY THIS ACT AND SHALL REVERT TO, AND BECOME A PART OF,
THE FRONTIER CENTRAL SCHOOL DISTRICT IN THE  COUNTY  OF  ERIE  UPON  THE
EXPIRATION  OR  TERMINATION OF SUCH LEASE OR OTHER AGREEMENT OR WHEN ANY
BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF  THE  STATE  OF  NEW
YORK  IN  CONNECTION  WITH THE FINANCING OF CERTAIN IMPROVEMENTS MADE AT
SUCH FACILITIES PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION  ARE  NO
LONGER OUTSTANDING, WHICHEVER IS LATER.
  D.  THE  RANDOLPH  ACADEMY  UNION  FREE SCHOOL DISTRICT IS AUTHORIZED,
SUBJECT TO THE CONSENT OF THE STATE  EDUCATION  DEPARTMENT,  TO  OPERATE
AND/OR  PURCHASE  AND/OR  LEASE  THE  TERRITORY,  FACILITIES, AND ASSETS
CURRENTLY OR FORMERLY OF THE UNION FREE SCHOOL DISTRICT NUMBER THREE  IN
THE  TOWN  OF  HAMBURG,  ERIE  COUNTY,  KNOWN AS THE HOPEVALE UNION FREE
SCHOOL DISTRICT AND/OR OWNED BY HOPEVALE, INC.
  S 2. Section 3 of chapter 934 of the laws of 1971 relating  to  estab-
lishing  and  constituting  as  a  separate  union  free school district
certain territory  in the town of Hamburg in  the  county  of  Erie,  as
amended  by  chapter  501  of  the  laws  of 1986, is amended to read as
follows:
  3. a) Whenever any part of the territory described in this  act  shall
be sold by Hopevale Inc. or Our Lady of Charity Refuge or shall cease to
be  held by said Hopevale, Inc. or Our Lady of Charity Refuge OTHER THAN
TO THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT ESTABLISHED BY  CHAP-
TER  140  OF  THE LAWS OF 1985, in accordance with the provisions of the
not-for-profit corporation law, the same shall cease to be a part of the
school district hereby established and shall revert to and become a part
of the school district from which said territory  is  separated  by  the
passage  of  this  act.  NOTWITHSTANDING  THE FOREGOING, ANY PART OF THE
TERRITORY DESCRIBED IN THE ACT SOLD BY HOPEVALE  INC.  OR  OUR  LADY  OF
CHARITY  REFUGE,  OTHER  THAN  TO THE RANDOLPH ACADEMY UNION FREE SCHOOL
DISTRICT ESTABLISHED BY CHAPTER  140  OF  THE  LAWS  OF  1985,  THAT  IS
IMPROVED WITH THE PROCEEDS OF ANY BONDS OR NOTES ISSUED BY THE DORMITORY
AUTHORITY  OF THE STATE OF NEW YORK SHALL REVERT TO AND BECOME A PART OF
THE SCHOOL DISTRICT FROM  WHICH  SAID  TERRITORY  IS  SEPARATED  BY  THE
PASSAGE  OF  THIS  ACT  ONLY  WHEN  SUCH  BONDS  OR  NOTES ARE NO LONGER
OUTSTANDING.
  B) WHENEVER ONLY A PORTION OF THE TERRITORY DESCRIBED IN THIS  ACT  IS
ACQUIRED, PURCHASED, LEASED OR OTHERWISE OPERATED BY THE RANDOLPH ACADE-
MY  UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION B OF SECTION 4 OF
CHAPTER 140 OF THE LAWS OF 1985, THE REMAINING PORTION OF SUCH TERRITORY
SHALL, UPON ITS SALE, CEASE TO BE A PART OF UNION FREE  SCHOOL  DISTRICT
NUMBER  THREE  OF THE TOWN OF HAMBURG, ERIE COUNTY, AND, IF SUCH SALE IS
TO A PARTY OTHER THAN THE RANDOLPH ACADEMY UNION  FREE  SCHOOL  DISTRICT

S. 5593                             3

ESTABLISHED  BY  CHAPTER  140  OF  THE LAWS OF 1985, SHALL REVERT TO AND
BECOME A PART OF THE FRONTIER CENTRAL SCHOOL DISTRICT.
  S  3.  Section  6  of chapter 934 of the laws of 1971, relating to the
establishing and constituting as a separate union free  school  district
certain territory in the town of Hamburg in the county of Erie is renum-
bered  section  10 and four new sections 6, 7, 8 and 9 are added to read
as follows:
  S 6. IN THE EVENT THAT ALL OF THE TERRITORY OF THE UNION  FREE  SCHOOL
DISTRICT IS PURCHASED BY A PARTY OTHER THAN HOPEVALE INC. OR OUR LADY OF
REFUGE  OR  THE  RANDOLPH  ACADEMY  UNION FREE SCHOOL DISTRICT, THE SAID
DISTRICT CREATED BY THIS CHAPTER SHALL CONTINUE TO EXIST AS A  NON-OPER-
ATING  UNION  FREE  SCHOOL  DISTRICT  ONLY FOR THE PURPOSES SET FORTH IN
SECTION EIGHT OF THIS ACT, AND, WHEN ANY BONDS OR NOTES  ISSUED  BY  THE
DORMITORY  AUTHORITY  OF  THE  STATE  OF NEW YORK IN CONNECTION WITH THE
FINANCING OF CERTAIN IMPROVEMENTS MADE AT SUCH FACILITIES PRIOR  TO  THE
EFFECTIVE  DATE  OF  THIS  SECTION ARE NO LONGER OUTSTANDING, SUCH UNION
FREE SCHOOL DISTRICT SHALL BE DISSOLVED AND  ALL  SUCH  TERRITORY  SHALL
CEASE  TO  BE  A  PART OF UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE
TOWN OF HAMBURG, ERIE COUNTY, AND SHALL REVERT TO AND BECOME A  PART  OF
FRONTIER CENTRAL SCHOOL DISTRICT. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW  TO THE CONTRARY, SUCH SCHOOL DISTRICT SHALL BE INELIGIBLE FOR STATE
AID PURSUANT TO SECTION 1 OF  CHAPTER  566  OF  THE  LAWS  OF  1967  FOR
EXPENSES  INCURRED  DURING  THE  PERIOD  IN  WHICH IT IS A NON-OPERATING
SCHOOL DISTRICT.
  S 7. IN THE EVENT THAT ALL OR A PORTION OF THE TERRITORY OF THE  UNION
FREE  SCHOOL DISTRICT IS ACQUIRED, PURCHASED, LEASED, OR OTHERWISE OPER-
ATED BY THE RANDOLPH ACADEMY UNION  FREE  SCHOOL  DISTRICT  PURSUANT  TO
SUBDIVISION B OF SECTION 4 OF CHAPTER 140 OF THE LAWS OF 1985, THE UNION
FREE  SCHOOL  DISTRICT  NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY
SHALL CONTINUE TO EXIST AS A NON-OPERATING UNION  FREE  SCHOOL  DISTRICT
COTERMINOUS  WITH  THE TERRITORY SO ACQUIRED, PURCHASED, LEASED OR OPER-
ATED BY THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT,  ONLY  FOR  THE
PURPOSES  SET FORTH IN SECTION EIGHT OF THIS ACT FOR THE DURATION OF THE
PERIOD IN WHICH THE RANDOLPH ACADEMY UNION FREE  SCHOOL  DISTRICT  OWNS,
LEASES  OR OPERATES SUCH TERRITORY OR UNTIL ANY BONDS OR NOTES ISSUED BY
THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IN CONNECTION WITH  THE
FINANCING  OF  CERTAIN IMPROVEMENTS MADE AT SUCH FACILITIES PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION ARE NO LONGER OUTSTANDING,  WHICHEVER  IS
LATER,  AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
SUCH SCHOOL DISTRICT SHALL BE  INELIGIBLE  FOR  STATE  AID  PURSUANT  TO
SECTION  1  OF  CHAPTER  566  OF  THE LAWS OF 1967 FOR EXPENSES INCURRED
DURING THE PERIOD IN  WHICH  THE  RANDOLPH  ACADEMY  UNION  FREE  SCHOOL
DISTRICT   OWNS,  LEASES  OR  OPERATES  SUCH  PROPERTY.  SUCH  TERRITORY
ACQUIRED, PURCHASED, LEASED, OR OTHERWISE OPERATED BY THE RANDOLPH ACAD-
EMY UNION FREE SCHOOL DISTRICT SHALL BECOME PART OF THE RANDOLPH ACADEMY
UNION FREE SCHOOL DISTRICT IN ACCORDANCE WITH SECTION 4 OF  CHAPTER  140
OF  THE  LAWS  OF 1985. AT THE END OF THE PERIOD IN WHICH THE UNION FREE
SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY CONTIN-
UES TO EXIST AS A NON-OPERATING UNION FREE SCHOOL DISTRICT  PURSUANT  TO
THIS SECTION, SUCH SCHOOL DISTRICT SHALL BE DISSOLVED.
  S  8.  A.  IN  ACCORDANCE  WITH SECTION 1508 OF THE EDUCATION LAW, THE
BOARD OF EDUCATION OF THE UNION FREE SCHOOL DISTRICT CREATED BY THIS ACT
SHALL CONTINUE TO EXIST IN LAW FOR THE  PURPOSE  OF  PROVIDING  FOR  AND
PAYING  ALL  OF ITS JUST DEBTS, INCLUDING, WITHOUT LIMITATION, ANY BONDS
OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  IN
CONNECTION  WITH  THE  FINANCING  OF  CERTAIN  IMPROVEMENTS MADE AT SUCH

S. 5593                             4

SCHOOL DISTRICT, AND THE BOARD OF EDUCATION SHALL CONTINUE TO BE AUTHOR-
IZED TO RECEIVE ANY REIMBURSEMENT DUE AND OWING FOR TUITION  OR  MAINTE-
NANCE  PURSUANT  TO ARTICLE 81 OF THE EDUCATION LAW, SECTION 4505 OF THE
EDUCATION  LAW  OR  ANY  OTHER PROVISION OF LAW FOR SERVICES RENDERED TO
STUDENTS BY SUCH DISTRICT UNTIL SUCH DEBTS ARE FULLY PAID. ANY ASSETS OF
THE SCHOOL DISTRICT REMAINING AFTER PAYMENT OF SUCH JUST DEBTS SHALL  BE
PAID  TO  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES OF THE FIRST
SUPERVISORY DISTRICT OF ERIE COUNTY, EXCEPT  AS  OTHERWISE  PROVIDED  IN
THIS ACT.
  B.  FOLLOWING  DISSOLUTION  OF THE SCHOOL DISTRICT PURSUANT TO SECTION
SIX OF THIS ACT, THE RECORDS OF THE UNION FREE  SCHOOL  DISTRICT  NUMBER
THREE  OF  THE  TOWN  OF HAMBURG, ERIE COUNTY, SHALL BE FORWARDED TO THE
DISTRICT SUPERINTENDENT OF SCHOOLS OF THE BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  OF  THE  FIRST SUPERVISORY DISTRICT OF ERIE COUNTY FOR
PRESERVATION, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT.  NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY, AND EXCEPT AS OTHERWISE
PROVIDED IN THIS ACT, SUCH RECORDS SHALL BE DEEMED TO BE RECORDS OF  THE
BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  OF  THE FIRST SUPERVISORY
DISTRICT OF ERIE COUNTY FOR PURPOSES OF LOCAL GOVERNMENT RECORDS MANAGE-
MENT GRANTS PURSUANT TO SECTION 57.35 OF THE ARTS AND  CULTURAL  AFFAIRS
LAW.
  S 9. IN THE EVENT THAT ALL OR A PORTION OF THE TERRITORY OF UNION FREE
SCHOOL  DISTRICT  NUMBER  THREE  OF  THE TOWN OF HAMBURG, ERIE COUNTY IS
ACQUIRED, PURCHASED, LEASED, OR OTHERWISE OPERATED BY THE RANDOLPH ACAD-
EMY UNION FREE SCHOOL DISTRICT PURSUANT TO SECTION SEVEN OF THIS ACT AND
SUBDIVISION B OF SECTION 4 OF CHAPTER 140 OF THE LAWS OF 1985:
  A. THE RECORDS OF UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE  TOWN
OF  HAMBURG  SHALL  BE  FORWARDED  TO  AND  THEREAFTER MAINTAINED BY THE
RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT IN CONNECTION WITH THE OPER-
ATION BY SAID DISTRICT OF THE FACILITIES FORMERLY OPERATED BY THE  UNION
FREE SCHOOL DISTRICT CREATED BY THIS ACT; AND
  B.  ANY  FUNDS  REMAINING  IN  THE POSSESSION OF THE UNION FREE SCHOOL
DISTRICT CREATED BY THIS ACT, AFTER ALL OF  ITS  DEBTS  AND  OBLIGATIONS
HAVE BEEN PAID, INCLUDING ANY REIMBURSEMENT DUE AND OWING FOR TUITION OR
MAINTENANCE PURSUANT TO ARTICLE 81 OF THE EDUCATION LAW, SECTION 4505 OF
THE EDUCATION LAW OR ANY OTHER PROVISION OF LAW FOR SERVICES RENDERED TO
STUDENTS  BY  SUCH  SCHOOL  DISTRICT, SHALL BE PAID OVER TO THE RANDOLPH
ACADEMY UNION FREE SCHOOL DISTRICT FOR THE OPERATION OF  THE  FACILITIES
FORMERLY  OPERATED  BY  THE  UNION  FREE SCHOOL DISTRICT CREATED BY THIS
CHAPTER.
  C. THE BOARD OF EDUCATION OF THE RANDOLPH ACADEMY  UNION  FREE  SCHOOL
DISTRICT  SHALL BE AUTHORIZED TO RECEIVE ANY REIMBURSEMENT DUE AND OWING
FOR TUITION OR MAINTENANCE PURSUANT TO ARTICLE 81 OF THE EDUCATION  LAW,
SECTION  4505  OF  THE  EDUCATION  LAW OR ANY OTHER PROVISION OF LAW FOR
SERVICES RENDERED TO STUDENTS BY SUCH RANDOLPH ACADEMY UNION FREE SCHOOL
DISTRICT AND TO RECEIVE BUILDING AID ON PAYMENTS BY SUCH SCHOOL DISTRICT
TO THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  ON  ANY  BONDS  OR
NOTES ISSUED BY THE DORMITORY AUTHORITY IN CONNECTION WITH THE FINANCING
OF  CERTAIN IMPROVEMENTS MADE AT THE FACILITIES OF THE UNION FREE SCHOOL
DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG.
  D. NOTWITHSTANDING ANY PROVISIONS OF SUBDIVISION B OF THIS SECTION  TO
THE CONTRARY, ALL AMOUNTS CURRENTLY OR HEREAFTER HELD BY THE STATE COMP-
TROLLER  FROM  TIME  TO  TIME IN THE SCHOOL CAPITAL FACILITIES FINANCING
RESERVE ACCOUNT ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF BONDS  BY
THE  DORMITORY  AUTHORITY OF THE STATE OF NEW YORK ON BEHALF OF HOPEVALE
UNION FREE SCHOOL DISTRICT (UNION FREE SCHOOL DISTRICT NUMBER  THREE  OF

S. 5593                             5

THE  TOWN  OF HAMBURG, ERIE COUNTY) SHALL CONTINUE TO BE HELD TO PROVIDE
FOR THE PAYMENT OF SUCH OBLIGATIONS, AND APPLIED IN ACCORDANCE WITH  THE
PROVISIONS OF PARAGRAPH EIGHT OF SECTION 407-A OF THE EDUCATION LAW.
  S  4.  (a)  Notwithstanding  any  provision  of  law  to the contrary,
Randolph Academy union free school district, created pursuant to chapter
140 of the laws of 1985 shall, to the extent necessary or applicable  to
effectuate  the provisions contained herein, be (i) authorized to assume
the obligations of the Hopevale Union Free School District  (also  known
as  union free school district number three of the town of Hamburg, Erie
county) in connection with the dormitory authority  Special  Act  School
Districts  Program Insured Revenue Bonds, Series 1998, and/or (ii) oper-
ate the capital facilities constituting the union free  school  district
number  3  in the town of Hamburg, Erie county as created by chapter 934
of the laws of 1971 and improved with  the  proceeds  of  the  dormitory
authority  Special  Act  School Districts Program Insured Revenue Bonds,
Series 1998 for purposes of providing services pursuant  to  the  school
district's  contracts  with  other  public  school  districts  or social
services districts for  the  education  of  children  with  handicapping
conditions  pursuant  to article eighty-one or eighty-nine of the educa-
tion law, and not for purposes of any other  law,  rule,  regulation  or
statute.
  (b)  Notwithstanding  any provision of law the contrary, the dormitory
authority, Randolph Academy union  free  school  district  and  Hopevale
union  free  school  district,  are each hereby authorized to enter into
such agreements as the dormitory authority deems reasonable or necessary
to comply with the requirements of subdivision a of this section and  to
provide for the performance of the obligations of Randolph Academy union
free  school  district  in  accordance  with title 4 of article 8 of the
public authorities law, chapter 737 of the laws of 1988 and the dormito-
ry authority's contract with the holders of Special Act School Districts
Program Insured Revenue Bonds, Series 1998.
  (c) Nothing in this act shall be construed to impair the  validity  of
dormitory authority Special Act School Districts Program Insured Revenue
Bonds, Series 1998, or any bondholders rights thereunder, and such bonds
shall,  in all respects, continue to be valid and binding obligations of
the dormitory authority authorized under and governed by the  provisions
of title 4 of article 8 of the public authorities law and chapter 737 of
the laws of 1988.
  S 5. 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
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

S. 5593                             6

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 6. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
authorities  law  is  amended  by adding a new undesignated paragraph to
read as follows:
  RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT FOR THE FINANCING,  ACQUI-
SITION,  CONSTRUCTION,  RECONSTRUCTION,  RENOVATION  AND IMPROVEMENT FOR
FACILITIES LOCATED IN ERIE COUNTY, NEW YORK.
  S 7. Subdivision 1 of section 1680 of the public  authorities  law  is
amended by adding a new undesignated paragraph to read as follows:
  RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, FOR THE FINANCING, ACQUI-
SITION,  CONSTRUCTION,  RECONSTRUCTION,  RENOVATION  AND IMPROVEMENT FOR
FACILITIES LOCATED IN ERIE COUNTY, NEW YORK. NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT SHALL HAVE
FULL  POWER  AND AUTHORITY TO ASSIGN AND PLEDGE TO THE AUTHORITY ANY AND
ALL PUBLIC FUNDS TO BE APPORTIONED OR  OTHERWISE  MADE  PAYABLE  BY  THE
STATE, A POLITICAL SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE
GENERAL  MUNICIPAL  LAW, OR ANY SOCIAL SERVICES DISTRICT IN THE STATE IN
AN AMOUNT SUFFICIENT TO  MAKE  ALL  PAYMENTS  REQUIRED  TO  BE  MADE  BY
RANDOLPH  ACADEMY  UNION  FREE  SCHOOL  DISTRICT  PURSUANT TO ANY LEASE,
SUBLEASE OR OTHER AGREEMENT ENTERED INTO BETWEEN RANDOLPH ACADEMY  UNION
FREE SCHOOL DISTRICT AND THE AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE
HEREBY  AUTHORIZED  AND  REQUIRED  TO PAY ALL SUCH FUNDS SO ASSIGNED AND
PLEDGED TO THE AUTHORITY OR UPON THE DIRECTION OF THE AUTHORITY, TO  ANY
TRUSTEE  OF  ANY AUTHORITY BOND OR NOTE ISSUED PURSUANT TO A CERTIFICATE
FILED WITH ANY SUCH STATE OR LOCAL OFFICER BY THE AUTHORITY PURSUANT  TO
THE PROVISIONS OF THIS SECTION. NO AGREEMENT OR LEASE BY RANDOLPH ACADE-
MY UNION FREE SCHOOL DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE EFFEC-
TIVE UNLESS AND UNTIL IT IS APPROVED BY OR ON BEHALF OF THE COMMISSIONER
OF EDUCATION.
  S  8.  Chapter  737 of the laws of 1988 amending the education law and
other laws relating to the apportionment  of  funds  to  certain  school
districts is amended by adding a new section 3-a to read as follows:
  S  3-A. THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, A SPECIAL ACT
SCHOOL DISTRICT, MAY ENTER INTO LEASES, SUBLEASES  OR  OTHER  AGREEMENTS
WITH  THE DORMITORY AUTHORITY PURSUANT TO TITLE FOUR OF ARTICLE EIGHT OF
THE  PUBLIC  AUTHORITIES  LAW  FOR  THE   FINANCING   OF   THE   DESIGN,
CONSTRUCTION,  ACQUISITION,  REHABILITATION,  IMPROVEMENT, RENOVATION OR
OTHERWISE PROVIDING FOR, FURNISHING OR EQUIPPING OF  CAPITAL  FACILITIES
WHICH  ARE EDUCATIONAL FACILITIES WHERE THE TOTAL ESTIMATED COST OF SUCH
FACILITIES EXCEEDS $10,000. THE PLANS AND SPECIFICATIONS OF SUCH CAPITAL
FACILITIES SHALL BE SUBJECT TO  THE  APPROVAL  OF  THE  COMMISSIONER  OF
EDUCATION  WITH RESPECT TO EDUCATION FACILITIES. SUCH CAPITAL FACILITIES
MAY BE CONSTRUCTED ONLY  ON  LAND  OWNED  BY  SUCH  SPECIAL  ACT  SCHOOL
DISTRICT  OR,  IF THE LAND IS LEASED, WHERE THE LEASE IS FOR A PERIOD AT
LEAST EQUAL TO THE APPROPRIATE PERIOD OF PROBABLE  USEFULNESS  FOR  SUCH
FACILITIES  AS  LISTED IN SECTION 11.00 OF THE LOCAL FINANCE LAW, OR THE
LENGTH OF THE LEASE, SUBLEASE OR  OTHER  AGREEMENT  WITH  THE  DORMITORY
AUTHORITY, WHICHEVER IS LONGER.
  S  9.  This  act  shall  take effect July 1, 2011, provided that if it
shall become a law after such date, this act  shall  take  effect  imme-

S. 5593                             7

diately and shall be deemed to have been in full force and effect on and
after  July  1,  2011;  except  that section five of this act shall take
effect upon the dissolution of union free school district  number  three
in  the  town  of  Hamburg,  Erie  county  pursuant to the provisions of
section three of this act; provided that the commissioner  of  education
shall  notify  the  legislative bill drafting commission upon the occur-
rence of the enactment of the legislation provided for in section  three
of  this  act  in order that the commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of New York in furtherance of effectuating the provisions of section  44
of the legislative law and section 70-b of the public officers law.

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