senate Bill S6738B

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status Via A9028 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 signed chap.446
Nov 10, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.698
substituted for s6738b
Jun 20, 2014 substituted by a9028c
Jun 17, 2014 amended on third reading 6738b
vote reconsidered - restored to third reading
Jun 17, 2014 returned to senate
recalled from assembly
Jun 02, 2014 referred to ways and means
delivered to assembly
passed senate
May 28, 2014 amended on third reading (t) 6738a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.698
Mar 05, 2014 referred to education

Votes

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May 13, 2014 - Education committee Vote

S6738
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6738 - Bill Details

See Assembly Version of this Bill:
A9028C
Law Section:
Education Law
Laws Affected:
Rpld Chap 559 of 1972; amd §1, Chap 566 of 1967
Versions Introduced in 2013-2014 Legislative Session:
S4110

S6738 - Bill Texts

view summary

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

view 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.

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                    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.

S6738A - Bill Details

See Assembly Version of this Bill:
A9028C
Law Section:
Education Law
Laws Affected:
Rpld Chap 559 of 1972; amd §1, Chap 566 of 1967
Versions Introduced in 2013-2014 Legislative Session:
S4110

S6738A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6738A

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; 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 of
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 Southern 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, 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 on 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.

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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6738--A
    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

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08713-14-4

S. 6738--A                          2

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, 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  submit-
ted  to the department of education by the school district, to determine
if such expenses or claims are duplicative of claims previously  submit-
ted  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 independent auditor retained by the BOCES. The BOCES shall report  to
the department of education any audited claims that were not included in
an  audited  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,
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. Notwithstanding 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 closedown 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 offi-
cers 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

S. 6738--A                          3

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. This act shall take effect immediately.

S6738B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9028C
Law Section:
Education Law
Laws Affected:
Rpld Chap 559 of 1972; amd §1, Chap 566 of 1967
Versions Introduced in 2013-2014 Legislative Session:
S4110

S6738B (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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