S T A T E O F N E W Y O R K
________________________________________________________________________
8864--A
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to the alteration of
school district boundaries; and to repeal such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 1527-d
to read as follows:
S 1527-D. PROCEDURE FOR ALTERATION OF SCHOOL DISTRICT BOUNDARIES. 1.
THE BOUNDARIES OF TWO OR MORE COMMON, UNION FREE, OR CENTRAL SCHOOL
DISTRICTS THAT ARE CONTIGUOUS AND WHOLLY CONTAINED WITHIN THE EASTERN
SUFFOLK BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT
MAY BE ALTERED AS PROVIDED BY THIS SECTION.
2. A PROPOSITION FOR THE ALTERATION IN THE BOUNDARIES OF EXISTING
CONTIGUOUS SCHOOL DISTRICTS MAY BE INITIATED BY:
(A) A PETITION IN WRITING FILED WITH THE TRUSTEE, TRUSTEES OR BOARD OF
EDUCATION OF EACH DISTRICT THAT WOULD BE IMPACTED BY THE PROPOSED ALTER-
ATION IN BOUNDARIES PROVIDED THAT SUCH PETITION IS SIGNED BY AT LEAST
TWENTY-FIVE QUALIFIED VOTERS IN EACH SCHOOL DISTRICT OR FIVE PERCENT OF
THE NUMBER OF VOTERS WHO VOTED IN EACH SCHOOL DISTRICT IN THE PREVIOUS
ANNUAL ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION OR TRUSTEES,
SAID NUMBER TO BE DETERMINED BY THE NUMBER OF PERSONS RECORDED ON THE
POLL LIST AS HAVING VOTED AT SUCH ELECTION, WHICHEVER SHALL BE GREATER;
(B) A JOINT RESOLUTION BY A MAJORITY OF THE TRUSTEES OR MEMBERS OF THE
BOARD OF EDUCATION OF EACH OF THE DISTRICTS AFFECTED BY A PROPOSED
TRANSFER OF TERRITORY.
3. THE PETITION OR JOINT RESOLUTION SHALL STATE THE NAME OF EACH
DISTRICT AFFECTED, DESCRIBE THE BOUNDARIES OF THE TERRITORY PROPOSED TO
BE TRANSFERRED, STATE THE REASONS FOR DESIRING THE CHANGE, AND THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13569-03-2
A. 8864--A 2
NUMBER OF CHILDREN OF SCHOOL AGE, IF ANY, RESIDING IN THE TERRITORY
PROPOSED TO BE TRANSFERRED.
4. UPON RECEIPT OF A CITIZEN-INITIATED PETITION, OR UPON THE ADOPTION
OF JOINT RESOLUTION, THE TRUSTEES OR MEMBERS OF THE BOARD OF EDUCATION
OF EACH IMPACTED SCHOOL DISTRICT SHALL UNDERTAKE A JOINT FEASIBILITY
STUDY ON THE PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDA-
RIES. SUCH FEASIBILITY STUDY SHALL BE COMPLETED WITHIN ONE HUNDRED
TWENTY DAYS OF RECEIPT OF THE CITIZEN-INITIATED PETITION OR JOINT RESOL-
UTION AND SHALL CONTAIN THE FOLLOWING INFORMATION:
(A) CURRENT AND PROJECTED ENROLLMENTS;
(B) CURRENT AND PROJECTED PROFESSIONAL STAFFING PLAN;
(C) CURRENT AND PROJECTED HOUSING PLANS;
(D) A PLAN FOR EDUCATION PROGRAMS AND CURRICULA IN THE DISTRICT THAT
WILL GAIN THE TERRITORY PROPOSED TO BE TRANSFERRED INCLUDING STUDENT
EDUCATIONAL OPPORTUNITIES AS MEASURED BY THE PERCENTAGE OF STUDENTS
PERFORMING AT EACH LEVEL OF THE STATEWIDE MANDATED ASSESSMENTS AND DATA
REGARDING STUDENT ATTENDANCE, GRADUATION, AND DROPOUT RATES;
(E) FISCAL IMPLICATIONS OF THE REORGANIZATION, INCLUDING CHANGES IN
STATE AID, EXPENDITURES AND LOCAL TAX EFFORT INCLUDING ALL FUNDING
SOURCES OF THE AFFECTED DISTRICTS, EQUALIZATION AMONG SCHOOL DISTRICTS
OF THE TAX BURDEN, IMPROVEMENT IN THE ECONOMIES IN THE ADMINISTRATION
AND OPERATION OF SCHOOLS, AND THE EXTENT THE PROPOSED CHANGE WOULD
POTENTIALLY REDUCE OR INCREASE THE INDIVIDUAL AND AGGREGATE TRANSPORTA-
TION COSTS OF THE AFFECTED SCHOOL DISTRICTS;
(F) WHETHER OR NOT GEOGRAPHIC ACCESSIBILITY WARRANTS A FAVORABLE
CONSIDERATION OF A RECOMMENDED ALTERATION IN SCHOOL DISTRICT BOUNDARIES,
INCLUDING REMOTENESS OR ISOLATION OF PLACES OF RESIDENCE AND TIME
REQUIRED TO TRAVEL TO AND FROM SCHOOL;
(G) THE SAFETY AND WELFARE OF PUPILS. FOR THE PURPOSES OF THIS
SECTION, "SAFETY" MEANS FREEDOM OR PROTECTION FROM DANGER, INJURY, OR
DAMAGE AND "WELFARE" MEANS A POSITIVE CONDITION OR INFLUENCE REGARDING
HEALTH, CHARACTER, AND WELL-BEING;
(H) THE HISTORY AND RELATIONSHIP OF THE PROPERTY AFFECTED TO THE
STUDENTS AND COMMUNITIES AFFECTED; AND
(I) OTHER FACTORS DEEMED RELEVANT BY THE TRUSTEES OR MEMBERS OF THE
BOARD OF EDUCATION TO THE PROPOSED ALTERATION OF SCHOOL DISTRICT BOUNDA-
RIES.
THE JOINT FEASIBILITY STUDY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON
REQUESTS ONCE IT IS COMPLETED. IN THE EVENT THAT MORE THAN ONE PROPOSI-
TION FOR THE ALTERATION IN THE BOUNDARIES OF EXISTING CONTIGUOUS SCHOOL
DISTRICTS IS INITIATED DURING A FIVE YEAR PERIOD, COMMENCING WITH THE
FIRST PROPOSITION, PERTAINING TO THE SAME OR SUBSTANTIALLY THE SAME
TERRITORY TO BE TRANSFERRED TO THE SAME SCHOOL DISTRICT, THE TRUSTEES OR
MEMBERS OF THE BOARD OF EDUCATION OF EACH IMPACTED SCHOOL DISTRICT SHALL
BE AUTHORIZED TO EITHER UTILIZE OR AMEND AN EXISTING JOINT FEASIBILITY
STUDY IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
5. WITHIN THIRTY DAYS AFTER COMPLETING THE JOINT FEASIBILITY STUDY ON
THE PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDARIES PURSU-
ANT TO SUBDIVISION FOUR OF THIS SECTION, THE TRUSTEES OR MEMBERS OF THE
BOARD OF EDUCATION OF EACH OF THE DISTRICTS AFFECTED BY A PROPOSED
TRANSFER OF TERRITORY SHALL HOLD A JOINT PUBLIC HEARING IN ORDER TO
PRESENT THE FINDINGS CONTAINED WITHIN THE JOINT FEASIBILITY STUDY AND TO
PROVIDE THE QUALIFIED VOTERS OF EACH DISTRICT WITH AN OPPORTUNITY TO BE
HEARD ON THE PROPOSITION. NOTICE OF SUCH JOINT PUBLIC HEARING SHALL BE
MAILED TO ALL QUALIFIED VOTERS OF THE IMPACTED SCHOOL DISTRICTS NO LATER
THAN FOURTEEN DAYS PRIOR TO THE HEARING. SUCH NOTICE SHALL INCLUDE:
A. 8864--A 3
(A) THE TIME, DATE, AND LOCATION OF THE HEARING;
(B) THE TIME, DATE AND LOCATION OF THE SPECIAL DISTRICT MEETING AT
WHICH A VOTE WILL OCCUR PURSUANT TO SUBDIVISION SIX OF THIS SECTION; AND
(C) THE NAME OF EACH DISTRICT AFFECTED, A DESCRIPTION OF THE BOUNDA-
RIES OF THE TERRITORY PROPOSED TO BE TRANSFERRED, THE REASONS STATED IN
THE PETITION OR RESOLUTION FOR DESIRING THE CHANGE, AND THE NUMBER OF
CHILDREN OF SCHOOL AGE, IF ANY, RESIDING IN THE TERRITORY PROPOSED TO BE
TRANSFERRED.
6. WITHIN FORTY-FIVE DAYS AFTER THE JOINT PUBLIC HEARING PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION, EACH SCHOOL DISTRICT IMPACTED BY THE
PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDARIES SHALL HOLD
A SPECIAL MEETING OF THE QUALIFIED VOTERS, TO AFFORD THE VOTERS OF EACH
DISTRICT AN OPPORTUNITY TO APPROVE OR REJECT SUCH PROPOSITION. A SIMPLE
MAJORITY OF EACH DISTRICT SHALL DETERMINE APPROVAL OR REJECTION PROVIDED
THAT IN ORDER FOR A PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT
BOUNDARIES TO BE DEEMED APPROVED, THE VOTERS OF ALL IMPACTED DISTRICTS
MUST APPROVE SUCH PROPOSITION. NOTICE OF THE TIME AND PLACE OF SUCH
SPECIAL MEETING OF THE QUALIFIED VOTERS AND THE PURPOSE FOR WHICH IT IS
CALLED SHALL BE CONTAINED WITHIN THE HEARING NOTICE REQUIRED PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION AND SHALL BE PUBLISHED AT LEAST FOUR
TIMES WITHIN THE FORTY-FIVE DAYS PRECEDING SUCH SPECIAL MEETING, THE
FIRST PUBLICATION TO BE AT LEAST THIRTY DAYS BEFORE SAID MEETING, IN TWO
NEWSPAPERS IF THERE SHALL BE TWO, OR IN ONE NEWSPAPER IF THERE SHALL BE
BUT ONE, HAVING GENERAL CIRCULATION WITHIN THE IMPACTED SCHOOL
DISTRICTS. BUT IF NO NEWSPAPER SHALL THEN HAVE GENERAL CIRCULATION THER-
EIN, THE SAID NOTICE SHALL BE POSTED IN AT LEAST TWENTY OF THE MOST
PUBLIC PLACES IN SAID DISTRICT FORTY-FIVE DAYS BEFORE THE TIME OF SUCH
SPECIAL MEETING.
7. THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION OF EACH DISTRICT MAY
ESTABLISH RULES LIMITING THE FREQUENCY OF CITIZEN-INITIATED PETITIONS
THAT MAY BE FILED PERTAINING TO TERRITORY INCLUDED IN WHOLE OR IN PART
IN A PREVIOUS CITIZEN-INITIATED PETITION WITHIN A FIVE YEAR PERIOD;
PROVIDED THAT IF A MAJORITY OF THE QUALIFIED ELECTORS PRESENT AND VOTING
FROM EACH DISTRICT ARE NOT IN FAVOR OF THE PROPOSITION FOR THE ALTER-
ATION OF SCHOOL DISTRICT BOUNDARIES, THE SAME PROPOSITION OR ANY PROPO-
SITION PERTAINING TO THE TERRITORY INCLUDED IN WHOLE OR IN PART OF SUCH
PROPOSITION CANNOT BE VOTED UPON AGAIN FOR A PERIOD OF ONE YEAR.
8. A PROPOSITION THAT IS APPROVED ON OR AFTER MARCH FIRST IN ANY
SCHOOL YEAR SHALL NOT BE AUTHORIZED TO TAKE EFFECT SOONER THAN JULY
FIRST, OF THE SECOND SCHOOL YEAR NEXT FOLLOWING.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed five years after such effective date.