NY State Senate Bill 2013-S5899A

Senate Bill S5899A

2013-2014 Legislative Session

Dissolves the West Park union free school district, in the town of Esopus and county of Ulster; repealer

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2014	print number 5899a
May 28, 2014	amend (t) and recommit to education
Jan 08, 2014	referred to education
Jun 20, 2013	referred to rules

Bill Amendments

Original

A (Active)

2013-S5899 - Details

Current Committee:: Senate Education
Law Section:: Education
Laws Affected:: Rpld Chap 744 of 1973; amd §1, Chap 566 of 1967

2013-S5899 - Summary

Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.

2013-S5899 - Sponsor Memo

                                BILL NUMBER:S5899

TITLE OF BILL:  An act to amend the education law, in relation to the
closure of certain special act school districts; to provide for the
payment of the debts and obligations of the West Park union free
school district in the town of Esopus in the county of Ulster; 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 references to the West Park union free school
district; and to repeal chapter 744 of the laws of 1973 relating to
establishing and constituting as a separate union free school district
certain territory in the town of Esopus in the county of Ulster, in
relation thereto

PURPOSE:

Dissolves the West Park Union Free School District, in the town of
Esopus and county of Ulster; repealer

SUMMARY OF PROVISIONS:

Section 1 & 2 These sections provide for the dissolution of the West
Park Union Free School District, a Special Act school district.

Section 3 Any leftover funds will be returned to the social service
districts and school districts that had children at the Special Act

school district. The Ulster BOCES shall be authorized to act on behalf
of the school district.

Section 4 The BOCES is authorized to pay debts, bill for tuition, and
receive reimbursement.

Section 5 School districts and social service districts that had
children at the Special Act school district will pay the ongoing cost
of retiree healthcare annually pursuant to a contract and the final
tuition/closedown rate may be paid over three years.

Section 6 The Ulster BOCES will preserve the records of West Park
Union Free School District.

Section 7 The territory comprising West Park Union Free School
District shall revert to and become a part of the Kingston City School
District.

Section 8 The lease between the Missionary Sisters of the Sacred Heart
and the West Park Union Free School District.

Section 9 If a Special Act school district seeks to close the school
the Board shall provide notice to the Commissioner and a plan for
closure at least ninety days prior to closing. During the close down
period the Board of Education will periodically provide financial
reports and statements to the Commissioner.

Section 10 requires Special Act school districts to provide enrollment
reports, proposed budgets and any financial statements the
Commissioner deems appropriate, and to monitor the fiscal stability of
Special Act school districts.


Section 12 contains the effectives date.

EXISTING LAW:

The current law establishes the existence of this school district.

JUSTIFICATION:

The West Park Union Free School District closed its doors at the end
of February 2011. This bill dissolves the existence of this school and
resolves any unpaid obligations.

Last year this bill was vetoed due to the need to address the issues
posed by districts like West Park Union Free School District more
comprehensively statewide. No such proposal has come out of the
governor's office since that veto was issued yet the former employees
of the School District continue to be denied benefits they were
promised at the time of hire due to the district's disorderly close.
This bill would fulfill the promise made to these former employees.

LEGISLATIVE HISTORY:

2011-2012: A.8272-A - Veto Message 166

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on immediately.

2013-S5899 - Bill Text download pdf

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

                                  5899

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 20, 2013
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the closure of certain
  special act school districts; to provide for the payment of the  debts
  and  obligations  of  the  West Park union free school district in the
  town of Esopus in the county of Ulster; 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  refer-
  ences to the West Park union free school district; and to repeal chap-
  ter  744 of the laws of 1973 relating to establishing and constituting
  as a separate union free school district certain territory in the town
  of Esopus in the county of Ulster, in relation thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Chapter  744 of the laws of 1973 relating to establishing
and constituting as a separate union free school district certain terri-
tory in the town of Esopus in the county of Ulster is REPEALED.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11379-01-3

S. 5899                             2

numbers ten, eleven, twelve and thirteen  of  the  town  of  Greenburgh,
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, Westchester
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 3. 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, twelve and thirteen  of  the  town  of  Greenburgh,
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, Westchester
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 4. Any funds remaining in the possession of the West Park union free
school  district number two, 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 West Park union
free school district number two 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  West  Park  union  free
school  district  number  two  in the 2010-2011 school year bears to the
total number of students served by  the  West  Park  union  free  school
district  number  two in the 2010-2011 school year. Though the West Park
union free school district number two 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 Ulster  (Ulster  BOCES)  shall  be
authorized  to  act on behalf of the school district pursuant to section
four of this act.
  S 5. Notwithstanding any other  provision  of  law  to  the  contrary,
during  any period in which there is no duly constituted board of educa-
tion of the West Park union free  school  district  number  two,  Ulster
BOCES  shall  be  authorized to take any actions on behalf of the school

S. 5899                             3

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  February  28,  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. 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 6. 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 West Park  union  free  school  district
number  two  in  the 2010-2011 school year shall pay the costs of health
insurance for all former employees of the West Park  union  free  school
district number two, 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  the  West  Park union free school
district number two in the 2010-2011 school  year  bears  to  the  total
number  of  students  served by the West Park union free school district
number two in the 2010-2011 school year. The Ulster BOCES shall adminis-
ter 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 service 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 West Park union free school district number  two.  Such  annual
amount shall be paid in a manner prescribed by the commissioner.
  S  7.  The  records of the West Park union free school district number
two, shall be forwarded to the district superintendent of schools of the
Ulster BOCES for preservation. Notwithstanding any  other  provision  of
law  to  the contrary, such records shall be deemed to be records of the
Ulster 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 8. The territory comprising the West Park union free school district
number two, town of Esopus, county of Ulster, shall revert to and become
a part of the Kingston city school district in the county of Ulster.
  S 9. That certain Agency Lease dated August 12, 1998 between  Mission-
ary  Sisters  of the Sacred Heart, a New York not-for-profit corporation
and the West Park union free school district number two is hereby termi-
nated.
  S 10. Subdivision 4 of section 4405 of the education law is amended by
adding a new paragraph j to read as follows:

S. 5899                             4

  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  11.  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 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 12. This act shall take effect immediately;  provided  that  section
three  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,  as  amended,
takes effect.

2013-S5899A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education
Laws Affected:: Rpld Chap 744 of 1973; amd §1, Chap 566 of 1967

2013-S5899A (ACTIVE) - Summary

Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.

2013-S5899A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5899A

TITLE OF BILL:  An act to provide for the payment of the debts and
obligations of the West Park union free school district in the town of
Esopus in the county of Ulster; 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 references to the
West Park union free school district; and to repeal chapter 744 of the
laws of 1973 relating to establishing and constituting as a separate
union free school district certain territory in the town of Esopus in
the county of Ulster, in relation thereto

PURPOSE:

Dissolves the West Park Union Free School District, in the town of
Esopus and county of Ulster

SUMMARY OF PROVISIONS:

Section 1 & 2 These sections provide for the dissolution of the West
Park Union Free School District, a Special Act school district.

Section 3 Any leftover funds will be returned to the social service
districts and school districts that had children at the Special Act
school district. The Ulster BOCES shall be authorized to act on behalf
of the school district.

Section 4 The BOCES is authorized to pay debts, bill for tuition, and
receive reimbursement.

Section 5 The BOCES will close down the school district as a School
Board would (there is currently none). The BOCES will audit the costs
incurred since the closure of the school to students in 2011 and pay
whichever will be deemed necessary. Ulster BOCES will be reimbursed
for the costs it incurred to close the West Park Union Free School
District.

Section 6 The Ulster BOCES will preserve the records of West Park
Union Free School District.

Section 7 The territory comprising West Park Union Free School
District shall revert to and become a part of the Kingston City School
District.

Section 8 The lease between the Missionary Sisters of the Sacred Heart
and the West Park Union Free School District.

Section 9 Effective Immediately.

EXISTING LAW:

The current law establishes the existence of this school district.

JUSTIFICATION:

The West Park Union Free School District closed its doors at the end
of February 2011. This bill dissolves the existence of this school.


In 2012 this bill was vetoed due to the need to address the issues
posed by districts like West Park Union Free School District more
comprehensively statewide. No such proposal has come out of the
governor's office. This amended bill removes the provision for the
payment retiree health benefits in an effort to resolve the most
pressing problem associated with this school.

LEGISLATIVE HISTORY:

2011-2012: A.8272-A - Veto Message 166

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on immediately.

2013-S5899A (ACTIVE) - Bill Text download pdf

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

                                 5899--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 20, 2013
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to provide for the payment of the debts and  obligations  of  the
  West  Park  union  free  school  district in the town of Esopus in the
  county of Ulster; 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  references  to  the  West  Park
  union  free  school district; and to repeal chapter 744 of the laws of
  1973 relating to establishing and constituting  as  a  separate  union
  free  school  district  certain territory in the town of Esopus in the
  county of Ulster, in relation thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Chapter  744 of the laws of 1973 relating to establishing
and constituting as a separate union free school district certain terri-
tory in the town of Esopus in the county of Ulster is REPEALED.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11379-03-4

S. 5899--A                          2

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, twelve and thirteen  of  the  town  of  Greenburgh,
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, Westchester
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 3. 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, twelve and thirteen  of  the  town  of  Greenburgh,
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, Westchester
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 4. Any funds remaining in the possession of the West Park union free
school  district number two, 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 West Park union
free school district number two 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  West  Park  union  free
school  district  number  two  in the 2010-2011 school year bears to the
total number of students served by  the  West  Park  union  free  school
district  number  two in the 2010-2011 school year. Though the West Park
union free school district number two 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 Ulster  (Ulster  BOCES)  shall  be
authorized  to  act on behalf of the school district pursuant to section
four of this act.
  S 5.   Notwithstanding any other provision of  law  to  the  contrary,
during  any period in which there is no duly constituted board of educa-

S. 5899--A                          3

tion of the West Park union free  school  district  number  two,  Ulster
BOCES  shall  be  authorized 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
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 February 28, 2011 and reimburse-
ment for closedown costs determined pursuant to this section. The Ulster
BOCES shall review the business records of the school district,  includ-
ing  any  claims,  invoices  and  bills submitted to the school district
during any period in which there was no duly constituted board of educa-
tion 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 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 outstand-
ing debt of the school district. Such audit  may  be  conducted  by  the
claims  auditor  of the BOCES or, with the approval of the commissioner,
by an independent auditor retained by the BOCES. The BOCES shall  report
to the department any audited claims that were not included in an audit-
ed financial statement or financial report, together with the documenta-
tion supporting such claims. Reimbursement for costs incurred for close-
down of the school district, shall include only: (i) any allowable costs
approved by the commissioner that were included in the audited financial
statement  and  financial  reports  submitted  by the school district in
conformity with the financial reporting  requirements;  (ii)  additional
allowable  costs,  incurred in the 2010-2011 school year or subsequently
during the closedown period, that are approved by  the  commissioner  in
accordance with the reimbursable cost manual in effect for the 2010-2011
school  year  and relate to claims that were audited by the Ulster 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  documented  cost  to  the  Ulster BOCES of carrying out its
duties under the provisions of this section to  close  down  the  school
district,  as  approved  by the commissioner 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 6. The records of the West Park union free  school  district  number
two, shall be forwarded to the district superintendent of schools of the
Ulster  BOCES  for  preservation. Notwithstanding any other provision of
law to the contrary, such records shall be deemed to be records  of  the

S. 5899--A                          4

Ulster  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 7. The territory comprising the West Park union free school district
number two, town of Esopus, county of Ulster, shall revert to and become
a part of the Kingston city school district in the county of Ulster.
  S  8. That certain Agency Lease dated August 12, 1998 between Mission-
ary Sisters of the Sacred Heart, a New York  not-for-profit  corporation
and the West Park union free school district number two is hereby termi-
nated.
  S  9.  This  act  shall take effect immediately; provided that section
three 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, as amended,
takes effect.

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