S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2115 A. 3046
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
January 21, 2015
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Education
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to the consolidation of
school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 1509-a
to read as follows:
S 1509-A. SCHOOL DISTRICT CONSOLIDATION. 1. THE DEPARTMENT IS HEREBY
AUTHORIZED AND DIRECTED TO CONDUCT A STUDY TO IDENTIFY SCHOOL DISTRICTS
WITHIN THE STATE THAT MAY BENEFIT FROM CONSOLIDATION WITH ONE OR MORE
SCHOOL DISTRICT. THE STUDY SHALL BE LIMITED IN SCOPE TO INCLUDE EACH
SCHOOL DISTRICT WITHIN THE STATE WITH ONE THOUSAND STUDENTS OR LESS AND
ANY SCHOOL DISTRICT THAT EITHER: (1) SHARES A COMMON BORDER WITH SUCH
DISTRICT; OR (2) HAS AN EXISTING CONTRACT TO EDUCATE SOME OR ALL OF THE
STUDENTS OF SUCH DISTRICT WITH ONE THOUSAND STUDENTS OR LESS. CRITERIA
USED TO DETERMINE WHICH SCHOOL DISTRICTS SHALL BE CONSIDERED FOR CONSOL-
IDATION SHALL BE DETERMINED BY THE DEPARTMENT. THE DEPARTMENT SHALL
ISSUE A REPORT BASED ON THE FINDINGS OF SUCH STUDY WHICH SHALL CLEARLY
IDENTIFY THE SCHOOL DISTRICTS THAT THE DEPARTMENT RECOMMENDS FOR CONSOL-
IDATION.
2. THE REPORT ISSUED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
BE COMPLETED WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.
SUCH REPORT SHALL BE MADE AVAILABLE FOR REVIEW BY THE PUBLIC AND SHALL
BE POSTED ON THE DEPARTMENT'S INTERNET WEB PAGE.
3. EACH PROPOSED CONSOLIDATION IDENTIFIED IN THE REPORT RECOMMENDED BY
THE DEPARTMENT SHALL BE THE SUBJECT OF PUBLIC HEARINGS IN A MANNER TO BE
DETERMINED BY THE DEPARTMENT. A HEARING SHALL BE HELD IN EACH SCHOOL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00879-01-5
S. 2115 2 A. 3046
DISTRICT WHICH IS PROPOSED TO BE PART OF A CONSOLIDATION. WITHIN THIRTY
DAYS AFTER THE COMPLETION OF SUCH PUBLIC HEARINGS, THE DEPARTMENT SHALL
PUBLISH A FINAL LIST OF SCHOOL DISTRICTS THAT THE DEPARTMENT RECOMMENDS
FOR CONSOLIDATION. SUCH LIST SHALL BE MADE AVAILABLE FOR REVIEW BY THE
PUBLIC AND SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEB PAGE.
4. EACH SCHOOL DISTRICT IDENTIFIED IN THE LIST DIRECTED TO BE MADE
PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL ESTABLISH A CITIZEN
ADVISORY COMMITTEE. THE MEMBERSHIP OF EACH CITIZEN ADVISORY COMMITTEE
SHALL BE ESTABLISHED IN A MANNER TO BE DETERMINED BY THE DEPARTMENT.
5. THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO CONDUCT A STUDY
FOR EACH PROPOSED CONSOLIDATION SET FORTH IN THE LIST PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION ON THE FEASIBILITY OF THE CONSOLIDATION OF
SUCH DISTRICTS. EACH FEASIBILITY STUDY SHALL BE CONDUCTED IN CONJUNCTION
AND COOPERATION WITH THE LOCAL CITIZEN ADVISORY COMMITTEE. THE DEPART-
MENT SHALL ISSUE A REPORT FOR EACH SCHOOL DISTRICT BASED ON THE FINDINGS
OF EACH SUCH FEASIBILITY STUDY WITHIN NINETY DAYS AFTER THE PUBLICATION
OF THE LIST PREPARED PURSUANT TO SUBDIVISION THREE OF THIS SECTION. EACH
REPORT SHALL BE MADE AVAILABLE FOR REVIEW BY THE COMMUNITY IN WHICH SUCH
SCHOOL DISTRICT IS LOCATED AND SHALL BE POSTED ON THE DEPARTMENT'S
INTERNET WEB PAGE.
6. UPON COMPLETION OF EACH FEASIBILITY STUDY AUTHORIZED AND DIRECTED
TO BE MADE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, EACH SCHOOL
DISTRICT SHALL CONDUCT PUBLIC HEARINGS IN A MANNER TO BE DETERMINED BY
THE DEPARTMENT. UPON THE COMPLETION OF SUCH PUBLIC HEARINGS A PUBLIC
REFERENDUM TO APPROVE OR DISAPPROVE SUCH CONSOLIDATION SHALL BE SUBMIT-
TED TO THE ELIGIBLE VOTERS RESIDING IN THE CONSOLIDATING SCHOOL
DISTRICTS. A MAJORITY VOTE OF EACH SCHOOL DISTRICT PROPOSED FOR CONSOL-
IDATION SHALL BE REQUIRED TO EFFECTUATE THE PROPOSED CONSOLIDATION.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH SCHOOL DISTRICT
CONSOLIDATED PURSUANT TO THIS SECTION SHALL RECEIVE AN ADDITIONAL TEN
PERCENT OF STATE AID FOR TWENTY YEARS FOLLOWING SUCH CONSOLIDATION. SUCH
ADDITIONAL STATE AID SHALL BE CALCULATED USING THE HIGHEST STATE AID
RATIO OF THE CONSOLIDATING SCHOOL DISTRICTS.
8. ADDITIONAL STATE AID GRANTED PURSUANT TO SUBDIVISION SEVEN OF THIS
SECTION SHALL BE USED SOLELY FOR THE COSTS OF THE CONSOLIDATION AND
REORGANIZATION OF SUCH DISTRICT, TO IMPROVE THE QUALITY OF EDUCATION
WITHIN THE CONSOLIDATED SCHOOL DISTRICT OR TO REDUCE TAXES. NO SUCH
ADDITIONAL STATE AID SHALL BE USED TO INCREASE SALARIES OR BENEFITS OF
SCHOOL DISTRICT ADMINISTRATORS, TEACHERS AND STAFF.
S 2. This act shall take effect immediately.