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county of Westchester, is REPEALED.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.

                            
                    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.