senate Bill S6738B

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

See Assembly Version of this Bill:
A9028C
Versions:
S6738
S6738A
S6738B
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Rpld Chap 559 of 1972; amd ยง1, Chap 566 of 1967
Versions Introduced in 2013-2014 Legislative Cycle:
S4110

Sponsor Memo

BILL NUMBER:S6738B

TITLE OF BILL: An act to amend chapter 566 of the laws of 1967, relat-
ing 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; 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 union free school district
number 13, a special act school district known as the Abbott School in
the town of Greenburgh in Westchester County (the school district), to
authorize the closure procedures and to provide for the transfer of all
records of the school district.

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 or Westchester.

Section 2 provides that any funds remaining in the possession of the
school district after all its debts and obligations have been paid,
shall be paid to 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.
Although the school district is dissolved, the school shall continue to
exist in law for the purposes of paying all debts, provided that South-
ern Westchester BOCES shall be authorized to act on behalf of the school
district pursuant to section three of this act.

Section 3 authorizes Southern Westchester BOCES to take any actions on
behalf of the school district that are reasonably necessary to complete
the closedown and dissolution of the school district that the board of
education would have, including but not limited to, the power to enter
contracts, pay outstanding debts, from the assets reimbursed for the
closedown of the school district, provided that BOCES shall not pay
outstanding debts from its own funds or be liable for any outstanding
debt incurred by the school district, sell school district property if
any, with approval of the commissioner, and to bill for and receive any
reimbursement due and owing for tuition pursuant to the education law or
any other provision of law for services rendered to students on or
before the school district ceased operation an July 1, 2011 and
reimbursement for closedown costs determined pursuant to this section.
Reimbursement for costs incurred for closedown of the school district
shall include only those set forth in this section and shall be included
in the closedown rate payable by each school district or social service
district responsible for tuition for students attending the school
district in the 2010-2011 school year. The closedown rate may be paid
over three consecutive years after the closedown rate is established,

provided that costs due to Southern Westchester BOCES for carrying out
its administrative duties under this act may be paid in the first
installment. Furthermore, services provided by Southern Westchester
BOCES shall not result in an additional costs being imposed on component
school districts except those costs imposed on a component school
district pursuant to a closedown rate calculated under this section.

Section 4 directs that the records of the school district shall be
forwarded to 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 specifies that the territory comprising the school district
shall revert to and become part of the Irvington union free school
district in the county of Westchester.

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 213 of the laws of 2011
eliminating the school district from the school districts entitled to
the apportionment of public moneys.

Section 7 of the bill is the effective date.

JUSTIFICATION:

The union free school district number 13 in the town of Greenburgh,
County of Westchester ceased its operations as of June 30, 2011 but has
not completed its fiscal closure or been dissolved. This legislation
will establish the appropriate closure procedures for the school
district; provide for its dissolution and authorize the appropriate
transfer of the school district's 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--B
    Cal. No. 698

                            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  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining  its place in the order of third reading -- passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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; 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08713-20-4

S. 6738--B                          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 closedown and dissolution of the district that  the
board  of  education would have, including but not limited to, the power
to enter  contracts,  pay  outstanding  debts  from  reimbursable  costs
incurred  for  closedown  of  the  school  district  under this section,
provided however that the southern Westchester BOCES shall not  pay  for
outstanding  debts  using  its own funds and shall not be liable for any
outstanding debt incurred by the union free school district  number  13,
Town  of Greenburgh, sell school district property if any, with approval
of the commissioner, and to 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  and  reimbursement
for  closedown  costs  determined pursuant to this section. The Southern
Westchester BOCES shall  review  the  business  records  of  the  school
district,  including  any  claims,  invoices  and bills submitted to the
school district during any period in which there was no duly constituted
board of education and shall audit any  expenses  or  claims,  based  on
invoices,  bills  or  other  documentation, that were not included in an
audited financial  statement  or  financial  reports  submitted  to  the
department  of  education  by  the school district, to determine if such
expenses or claims are duplicative of claims  previously  submitted  for
reimbursement  and,  if not, whether they are supported by documentation
that would substantiate a claim that the expense  was  incurred  by  the
school  district  or  is  otherwise  an  outstanding  debt of the school
district. Such audit may be conducted by the claims auditor of the BOCES
or, with the approval of the commissioner of education, by an  independ-
ent auditor retained by the BOCES. The BOCES shall report to the depart-
ment of education any audited claims that were not included in an audit-
ed   financial   statement   or  financial  report,  together  with  the
documentation supporting such claims. Reimbursement for  costs  incurred
for  closedown of the school district shall include only: (i) any allow-
able costs approved by the commissioner of education that were  included
in  the  audited  financial statement and financial reports submitted by
the school district in conformity with the financial reporting  require-
ments; (ii) additional allowable costs, incurred in the 2010-2011 school
year  or  subsequently during the closedown period, that are approved by
the commissioner of education in accordance with the  reimbursable  cost
manual in effect for the 2010-2011 school year and relate to claims that
were  audited by the Southern Westchester BOCES pursuant to this section
and are based on supporting  documentation  that  would  substantiate  a
claim  that  the  expense  was  incurred  by the school district and not
duplicative of claims previously reimbursed; and (iii) the actual  docu-
mented cost to the Southern Westchester BOCES of carrying out its duties
under  the provisions of this section to close down the school district,
which includes, but is not limited to, the costs related to the need for
Southern Westchester BOCES to undertake borrowing to meet  the  require-
ments of this act, as approved by the commissioner of education based on
documentation  that  such costs were necessary to carry out such duties,
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-

S. 6738--B                          3

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; provided that any reimbursement costs due to
Southern Westchester BOCES for carrying out  its  administrative  duties
under  this act may be paid in the first installment.  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.  Services provided by
the Southern Westchester BOCES under this act shall not  result  in  any
additional  costs  being  imposed  on component school districts, except
those costs imposed on a component school district pursuant to a  close-
down rate calculated under this section.
  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  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[,] 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; the
Hopevale union free school district, town of Hamburg, Erie  county;  and
union  free  school  district  number  three, town of Riverhead, Suffolk
county.
  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

S. 6738--B                          4

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 8. This act shall take effect immediately; provided that the  amend-
ments  to  section 1 of chapter 566 of the laws of 1967, made by section
seven of this act, shall take effect on the same date and  in  the  same
manner as section 5 of chapter 213 of the laws of 2011, takes effect.

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