S T A T E   O F   N E W   Y O R K
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                                 6490--A
    Cal. No. 504

                            I N  S E N A T E

                            February 15, 2012
                               ___________

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

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county of Westchester, is REPEALED.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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14634-05-2

S. 6490--A                          2

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 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-

S. 6490--A                          3

ty  of  Westchester.  Such  annual  amount  shall  be  paid  in a manner
prescribed by the commissioner.
  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. 6490--A                          4

  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.