S T A T E O F N E W Y O R K
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9334--A
I N A S S E M B L Y
February 16, 2012
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee 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 act 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
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county of Westchester, is REPEALED.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 each
social services district and school district having resident children
served by the union free school district number thirteen, town of Green-
burgh in the 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 in the county of Westches-
ter, in the 2010-2011 school year bears to the total number of students
served by the union free school district number thirteen, town of Green-
burgh in the county of Westchester, in the 2010-2011 school year.
Though such union free school district number 13 be dissolved, section
1518 of the education law shall be deemed to apply, and it shall contin-
ue 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14634-04-2
A. 9334--A 2
Westchester BOCES) shall be authorized 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
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 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. Notwithstanding any other provision of law, rule or regulation to
the contrary, each social services district and school district having
resident children served by the union free school district number 13,
town of Greenburgh, county of Westchester, in the 2010-2011 school year
shall pay the costs of health insurance for 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 in the same proportion as the
number of students placed by each such social services district or
school district and served by union free school district number 13, town
of Greenburgh, county of Westchester, in the 2010-2011 school year bears
to the total number of students served by the union free school district
number 13, town of Greenburgh in the county of Westchester, in the
2010-2011 school year. The Southern Westchester BOCES shall administer
the payment and billing for the health insurance premiums to and from
civil service and/or the health insurance carriers, the employees, and
each social services district and school district that is responsible
for such payments to ensure that the former employees' health insurance
remains in effect, to the extent required under the employees' contract
with the union free school district number 13, town of Greenburgh, coun-
ty of Westchester. Such annual amount shall be paid in a manner
prescribed by the commissioner.
A. 9334--A 3
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 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 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 OF EDUCATION 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 DISABILITY WHO WAS PUBLICLY PLACED IN THE PROGRAM AND A
DETAILED AND ITEMIZED 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:
A. 9334--A 4
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.