S T A T E O F N E W Y O R K
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9115--A
I N A S S E M B L Y
January 28, 2016
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Introduced by M. of A. GALEF -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to eliminating the
initial public vote in the process for the prospective merger or
consolidation of school districts; and repealing certain provisions of
such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivision 1 of section 1511 of
the education law, subdivision 1 as amended by chapter 700 of the laws
of 1952, are amended to read as follows:
[Request for meeting to] PROPOSAL TO consolidate districts; notices of
meeting. 1. [Whenever two-thirds of the qualified electors of each of
two or more districts in which there shall be less than fifteen quali-
fied electors, or if there be fifteen or more qualified electors in any
of such districts whenever ten or more of such electors, shall sign a
request for a meeting to be held for the purpose of determining whether
such districts shall be consolidated as a common school district or as a
union free school district, as the case may be, and submit the same to
the trustees or board of education of each of such districts] THE BOARDS
OF EDUCATION OR TRUSTEES OF TWO OR MORE DISTRICTS MAY AGREE TO CONSOL-
IDATE SUCH DISTRICTS AS A COMMON SCHOOL DISTRICT OR AS A UNION FREE
SCHOOL DISTRICT AND IF SUCH DISTRICTS AGREE, it shall be the duty of
such trustees or board of education to submit [such] A proposed consol-
idation to the commissioner [of education] for approval. If the commis-
sioner [approve] APPROVES such proposed consolidation, it shall be the
duty of such trustees or board of education to give public notice that a
meeting of the qualified electors of such districts will be held at some
convenient place within such districts, as centrally located as may be,
to vote upon the question of consolidating such districts. Such notice
shall specify the day and hour when such meeting shall be held, not less
than twenty nor more than thirty days after the posting, service or
publication of such notice. If the trustees or board of education shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13402-03-6
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refuse or neglect to give such notice within twenty days after such
request is approved by the commissioner [of education], the commissioner
[of education] may authorize and direct any qualified elector of the
district to give such notice.
S 2. Section 1705 of the education law, as added by chapter 251 of the
laws of 1993, is amended to read as follows:
S 1705. Annexing territory to a union free school district. 1. Terri-
tory may be annexed to a union free school district as provided in this
section.
a. The commissioner is authorized and empowered to make and enter in
the commissioner's office orders dissolving one or more common, union
free or central school districts and annexing the territory of such
districts, or portions thereof, to one or more adjoining union free
school districts, subject to approval of the voters of each school
district affected thereby.
b. When an order annexing territory to a union free school district
has been made and entered as provided in this section, the commissioner
shall, within ten days thereafter, cause certified copies of said order
to be filed with the clerk or school authorities of each school district
affected thereby. Within thirty days of filing of such order, the
commissioner shall fix a time and place for a special meeting of the
qualified voters of each school district affected by the proposed anne-
xation and shall cause notice thereof to be posted at least ten days
before each such meeting in ten conspicuous places in the school
district. In addition to the posting of such notice, a copy thereof
shall be duly published, at least three days before each such meeting,
in a daily or weekly newspaper published within, or in general circu-
lation in, the school district in which such meeting is to be held. The
expense of posting and publishing such notice shall be a charge upon the
school district conducting such meeting.
2. Except as provided in this subdivision, any special district meet-
ing held pursuant to paragraph b of subdivision one of this section
shall be conducted in accordance with the procedures specified in
section eighteen hundred three of this chapter.
a. At a meeting held pursuant to paragraph b of subdivision one of
this section, a resolution in substantially the following form shall be
presented for the action and determination of the meeting, viz.:
"Resolved that the...(insert simplified name of district in accordance
with section three hundred fifteen of this chapter) school district be
annexed to the...union free school district (designate union free school
district) as provided in the order of the commissioner of education now
before this meeting."
b. If at any such meeting the resolution described in paragraph a of
this subdivision shall be presented and shall not be adopted, there
shall be no further proceedings at such meeting, except a motion to
reconsider the question. No such meeting shall again be called by the
commissioner within [one year] SIX MONTHS after such original meeting.
If [no meeting shall be called to reconsider the question within two]
AFTER FOUR years after such original meeting, [or if at any such meeting
called within two years after such original meeting] the resolution
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION shall [again be rejected by
the voters] BE PRESENTED AND SHALL NOT BE ADOPTED, the order of the
commissioner to which the resolution relates shall be deemed null and
void and of no further force or effect.
c. If the resolution submitted to the voters as provided in paragraph
a of this subdivision shall be adopted by the voters of each school
A. 9115--A 3
district affected by the order of the commissioner, the territory
described therein shall thereupon be annexed to the existing union free
school district or districts as provided in such order.
3. Whenever a common school district, union free school district or
central school district becomes a part of a union free school district
pursuant to the provisions of this section, the union free school
district of which any such district shall have become a part, shall
succeed to all the property rights of such common, union free or central
school districts and all indebtedness of any such school district
evidenced by bonds or notes or relating to school building construction
shall become a charge upon such union free school district of which such
district shall have become a part, but all other indebtedness of any
such district shall be paid by any such district in accordance with the
provisions of section fifteen hundred eighteen of this chapter and to
that extent any such district shall continue to exist in law for the
purpose of providing for and paying all such indebtedness in accordance
with the provisions of such section.
4. Notwithstanding any other provision of law, whenever a common
school district, union free school district or central school district
is annexed in its entirety to a union free school district pursuant to
this section, all employees of the former school districts at the time
of dissolution shall immediately become employees of the reorganized
union free school district, shall retain their tenure and/or employment
status and the seniority gained in the annexed district, and the senior-
ity list of the employees of the annexed school district shall be merged
with the seniority list of the employees of the annexing school
district. If the number of teaching positions needed to provide services
in the reorganized union free school district is less than the number of
teachers considered to be employees of the reorganized union free school
district pursuant to this subdivision, the board of education shall
abolish the unneeded positions and place teachers on preferred eligible
lists in accordance with section three thousand thirteen of this chap-
ter. For salary, sick leave and other purposes, an employee's length of
service with the annexed school district shall be credited as employment
time with the annexing union free school district. This section shall in
no way be construed to limit the rights of any such employees set forth
in this section granted by any other provision of law.
S 3. Subdivision 7 of section 1803 of the education law is REPEALED.
S 4. Subdivision 8 of section 1803 of the education law, as amended by
chapter 157 of the laws of 1979, is amended to read as follows:
8. If at any such meeting the resolution described in subdivision two,
three or four of this section shall be presented and shall not be
adopted, there shall be no further proceedings at such meeting, except a
motion to reconsider the question. No such meeting shall again be called
within [one year] SIX MONTHS after such original meeting. No new meeting
shall be called unless a petition therefor shall be presented to the
commissioner in the manner provided in subdivision two of section eigh-
teen hundred two of this article. [If no meeting shall be called to
reconsider the question within two years after such original meeting or
if at any such meeting called within two years after such original meet-
ing the resolution shall again fail of adoption,] IF AFTER FOUR YEARS
AFTER SUCH ORIGINAL MEETING THE RESOLUTION DESCRIBED IN SUBDIVISION TWO,
THREE, OR FOUR OF THIS SECTION SHALL BE PRESENTED AND SHALL NOT BE
ADOPTED, the order of the commissioner [of education] to which the
resolution relates shall be deemed null and void and of no further force
or effect.
A. 9115--A 4
S 5. Section 305 of the education law is amended by adding a new
subdivision 55 to read as follows:
55. UNLESS EXPLICITLY PROVIDED FOR IN LAW, THE COMMISSIONER SHALL NOT
REQUIRE THE USE OF A PETITION PROCESS, A STRAW VOTE OR ANY OTHER METHOD-
OLOGY TO ASSESS PUBLIC SUPPORT OF A PROPOSED REORGANIZATION PURSUANT TO
ARTICLE THIRTY-ONE, THIRTY-FIVE, OR THIRTY-SEVEN OF THIS CHAPTER.
S 6. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.