senate Bill S6738

Amended

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
  • Signed/Vetoed by Governor
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actions

  • 05 / Mar / 2014
    • REFERRED TO EDUCATION
  • 13 / May / 2014
    • 1ST REPORT CAL.698
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING (T) 6738A
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 17 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 17 / Jun / 2014
    • RETURNED TO SENATE
  • 17 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 17 / Jun / 2014
    • AMENDED ON THIRD READING 6738B
  • 20 / Jun / 2014
    • SUBSTITUTED BY A9028C

Summary

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

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Bill Details

Versions:
S6738
S6738A
S6738B
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
Versions Introduced in 2013-2014 Legislative Cycle:
S4110

Sponsor Memo

BILL NUMBER:S6738

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

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.

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 the board
of cooperative educational services of the sole supervisory district
of the county of Westchester. (Southern Westchester BOCES) for the
services provided to the union free school district. Although union
free school number 13 is dissolved, the school shall continue to exist
in law for the purposes of paying all debts provided that the board of
cooperative educational services of the sole supervisory district of
the county of Westchester (Southern Westchester. BOCES) shall be
authorized to act on behalf of the school district pursuant to section
three of the act.

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 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 shall be
included in the 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. The closedown may be paid in three consecutive years after the
closed down rate is established.

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 Southern Westchester BOCES for preservation. The
records shall be deemed to be records of the Southern Westchester
BOCES for purposes of the management and disposition of the records
and for local government records management grants.


Section 5 of the bill provides that the territory comprising the union
free school district number 13, shall revert to and become part of the
Irvington union free school district.

Section 6 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 7 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 8 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 9 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; and
authorize the appropriate transfer of student and financial records.

LEGISLATIVE HISTORY: New Bill - 2014

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
________________________________________________________________________

                                  6738

                            I N  S E N A T E

                              March 5, 2014
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Education

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

  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08713-08-4

S. 6738                             2

board of education would have, including but not limited to,  the  power
to  enter  contracts, pay debts, and bill for and receive any reimburse-
ment 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.   Notwith-
standing 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  close-
down  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 officers 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. 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 6. 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
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  7. Subdivision 4 of section 4405 of the education law is amended by
adding a new paragraph j to read as follows:

S. 6738                             3

  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  8.  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 9. This act shall take effect immediately.

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