senate Bill S4110A

Vetoed

Relates to the dissolution of union free school district number 13 in the town of Greenburgh; 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

  • 08 / Mar / 2013
    • REFERRED TO EDUCATION
  • 03 / May / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 03 / May / 2013
    • PRINT NUMBER 4110A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.967
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO EDUCATION
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A5989A
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.692
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • VETOED MEMO.224

Summary

Relates to the dissolution of union free school district number 13 in the town of Greenburgh.

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Bill Details

See Assembly Version of this Bill:
A5989A
Versions:
S4110
S4110A
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Rpld Chap 559 of 1972; amd §1, Chap 566 of 1967; amd §4405 & 4403, Ed L

Sponsor Memo

BILL NUMBER:S4110A

TITLE OF BILL: An act 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 reference to such
union free school district number 13; to amend the education law, in
relation to special act school districts and to repeal chapter 559 of
the laws of 1972, relating to establishing union free school district
number 13 in the town of Greenburgh in the county of Westchester,
relating to the dissolution of such union free school district

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to dissolve the Abbott School, a special
act school district, known as union free school district number 13 and
to provide for the transfer of all records and to provide for the
continuation of the school district's retirees' health insurance
benefits.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill repeals Chapter 559 of the laws of 1972,
relating to establishing union free school district number 13 in the
town of Greenburgh in the county of Westchester.

Section 2 of the bill states that any funds remaining in the
possession of the union free school district number 13 after all 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 union free school district number thirteen, town of
Greenburgh, county of Westchester, 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 union free
school district number thirteen, town of Greenburgh, County of
Westchester, in the 2010-2011 school year bears to the total number of
students served. The board of cooperative education services of the
sole supervisory district of the county of Westchester (Southern
Westchester BOCES) for the services provided to such union free school
district.

Section 3 of the bill authorizes Southern Westchester BOCES 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 or maintenance 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 July 1, 2011.

Section 4 of the bill directs that the records of union free school
district number 13 shall be forwarded to the district superintendent
of schools of the sole supervisory district of the counties of Orange
and Ulster (Orange-Ulster BOCES) for preservation.

Section 5 of the bill states that all former employees of the union
free school district number 13, town of Greenburgh, county of


Westchester for whom such school district agreed by contract to pay
the costs of health insurance in retirement shall be deemed retired
employees of the State of New York entitled to health insurance in
retirement..

Section 6 states that the territory comprising the union free school
district number 13 shall revert to and become part of the Irvington
union free school district in the county of Westchester.

Section 7 of the bill amends Section 1 of Chapter 566 of the laws of
1967, relating to providing for the apportionment of funds to certain
special school districts, as amended by Chapter 478 of the laws of
2006 eliminating union free school district number 13 from the school
districts entitled to the apportionment of public moneys.

Section 8 of the bill amends Subdivision 4 of section 4405 of the
education law by adding a new paragraph j to read as follows: (i) If
the board of education of a special act school district listed in
chapter five hundred sixty-six of the laws of 1967, 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. The section also outlines what such plan
shall include. (ii) During the close-down period and until all
necessary financial obligations of the school district have been met,
the commissioner shall require the board of education of the school
district to periodically submit financial reports and financial
statements, detailing any tuition and/or close down costs and any
revenues generated.

Section 9 of the bill amends Section 4403 of the education law by
adding a new subdivision 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.

Section 10 is the effective date.

JUSTIFICATION:

This legislation is necessary to establish the appropriate closure
procedures of the union free school district number 13 in the town of
Greenburgh, County of Westchester; authorize the appropriate transfer
of student and financial records, as well as ensure that the retirees
whom by contract, were provided health insurance benefits in
retirement continue to do so.

LEGISLATIVE HISTORY:

New Bill - 2012

EFFECTIVE DATE:

This act shall take effect immediately.


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

                                 4110--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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

AN ACT 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 reference to such union free school district
  number 13; to amend the education law,  in  relation  to  special  act
  school districts and to repeal chapter 559 of the laws of 1972, relat-
  ing  to  establishing union free school district number 13 in the town
  of Greenburgh in the county of Westchester, relating  to  the  dissol-
  ution of such union free school district

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

  Section 1. Chapter 559 of the laws of 1972, relating  to  establishing
union  free  school  district number 13 in the town of Greenburgh in the
county of Westchester, is REPEALED.
  S 2.  Any funds remaining in the possession of the union  free  school
district number 13, town of Greenburgh, county of Westchester, after all
of  its  debts and obligations have been paid, shall be paid over to the
board of  cooperative  educational  services  of  the  sole  supervisory
district  of  the county of Westchester (Southern Westchester BOCES) for
the services provided to such union free  school  district  pursuant  to
section  three  of  this  act.    Though such union free school district
number 13 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 Westchester (Southern Westchester BOCES) shall be  author-
ized  to  act on behalf of the school district pursuant to section three
of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08713-05-3

S. 4110--A                          2

  S 3. Notwithstanding any other  provision  of  law  to  the  contrary,
during  any period in which there is no duly constituted board of educa-
tion of union free school district number 13, town of Greenburgh, county
of Westchester, Southern Westchester BOCES shall be authorized  to  take
any  actions on behalf of the school district that are reasonably neces-
sary 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 including, but not limited to, employee
benefits, to the extent required under the employees' contract with  the
union  free  school  district  number  13, town of Greenburgh, county of
Westchester 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 July 1, 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
indemnification  by the state pursuant to section 18 of the public offi-
cers law.
  S 4. The records of union free school  district  number  13,  town  of
Greenburgh,  county  of  Westchester, shall be forwarded to the district
superintendent of schools of the Southern Westchester BOCES for  preser-
vation. Notwithstanding any other provision of law to the contrary, such
records  shall be deemed to be records of the Southern Westchester 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 5. Notwithstanding any other provision of law, rule or regulation to
the  contrary, all former employees of union free school district number
13, town of Greenburgh, county  of  Westchester  for  whom  such  school
district  agreed  by  contract  to  pay the costs of health insurance in
retirement who retire on or before the effective date of this act, shall
be deemed retired employees of the state of New York entitled to  health
insurance  in  retirement,  to  the extent required under the employees'
contract with the union free school district number 13, town  of  Green-
burgh, county of Westchester.
  S  6.  The  territory comprising the union free school district number
13, town of Greenburgh, county  of  Westchester,  shall  revert  to  and
become part of the Irvington union free school district in the county of
Westchester.
  S 7. 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 213 of the laws of 2011, 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

S. 4110--A                          3

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[,] AND twelve [and thirteen] of the town of Green-
burgh, 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, West-
chester 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;  and
union  free  school  district  number  three, town of Riverhead, Suffolk
county.
  S 8. 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 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 DISA-
BILITY  WHO  WAS PUBLICLY PLACED IN THE PROGRAM AND A DETAILED AND ITEM-
IZED 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
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 9. 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 LISTED IN CHAPTER FIVE
HUNDRED SIXTY-SIX OF  THE  LAWS  OF  NINETEEN  HUNDRED  SIXTY-SEVEN,  AS
AMENDED,  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 10. This act shall take effect immediately.

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