§ 1504 — Formation of new district

§ 1504. Formation of new district. 1. A district superintendent may\norganize a new school district out of the territory of one or more\nschool districts which are wholly within the geographic area served by\nhis board of cooperative educational services, whenever the educational\ninterests of the community require it. If there is an outstanding bonded\nindebtedness chargeable against the district or districts out of the\nterritory of which such new district is organized, the district\nsuperintendent shall apportion said indebtedness between such new\ndistrict and the remaining portion of the district or districts out of\nwhich such new district is organized, according to the assessed\nvaluation thereof, and the portion of the indebtedness so apportioned\nshall become a charge for principal and interest upon the respective\ndistricts as though the same had been incurred by said districts\nseparately.\n 2. The district superintendents of two or more adjoining supervisory\ndistricts, when public interests require it, may form a joint school\ndistrict out of the adjoining portions of their respective districts.\n 3. Any municipality situated wholly within one central or union free\nschool district but whose boundaries are not coterminous with the\nboundaries of such school district may organize, pursuant to the\nprovisions of this subdivision, a new union free school district\nconsisting of the entire territory of such municipality whenever\nrequired by the educational interests of the community.\n a. No such new school district may be organized unless: (i) the\nenrollment of the municipality seeking to organize such new school\ndistrict equals at least two thousand children, and is no greater than\nsixty percent of the enrollment of the existing school district from\nwhich such new school district will be organized; (ii) such new school\ndistrict would have an actual valuation per total wealth pupil unit at\nleast equal to the statewide average; and (iii) the enrollment of the\nexisting school district from which such new school district will be\norganized equals at least two thousand children, excluding the residents\nof such municipality.\n b. No such new school district shall be organized unless the creation\nof such new school district first shall have been approved by: (i) a\nmajority vote of the residents of a municipality seeking to organize\nsuch new school district, provided that a vote of such residents shall\nnot be required if creation of the new school district has been approved\nby a vote of at least two-thirds of the members of the local governing\nbody of the municipality of such municipality (ii) a majority vote of\nthe trustees or members of the boards of education of the existing\nschool district from which such new school district will be organized;\nand (iii) a majority vote of the residents of such existing school\ndistrict, except that the residents of the municipality seeking to\norganize the new school district shall not be entitled to participate in\nsuch vote. Notwithstanding any provision of law to the contrary, a vote\nof the residents of an existing school district shall not be required if\nthe creation of the new school district has been approved by a vote of\nat least two-thirds of the trustees or members of the board of education\nof such existing school district.\n c. If a vote of the residents of a municipality is required, it shall\nbe the duty of the chief executive officer of the municipality seeking\nto organize a new school district, pursuant to a resolution duly adopted\nby the governing body of such municipality that the educational\ninterests of the community require the creation of a new school\ndistrict, to give public notice that a meeting of the qualified electors\nof such municipality will be held at some convenient place within such\nmunicipality to vote upon the question of creating such new school\ndistrict and to elect members of the board of education of such new\nschool district. Such notice shall specify the day, hour and place where\nsuch meeting shall be held, which shall be not less than ten nor more\nthan thirty days after the posting or publication of such notice. Such\nnotice shall be published at least once before such meeting in a\nnewspaper circulated in such municipality, and in the event no newspaper\nis circulated in such municipality, such notice shall be posted at least\nten days prior to such meeting in at least five conspicuous places in\nsuch municipality.\n d. If a vote of the residents of the existing school district (other\nthan the residents of the municipality seeking to organize the new\nschool district) is required, it shall be the duty of the trustees or\nboard of education of such existing school district to give public\nnotice that a meeting of the qualified electors of such district will be\nheld to vote upon the question of creating such new school district.\nSuch notice shall specify the day, hour and place where such meeting\nshall be held, which shall be not less than ten nor more than thirty\ndays after the posting or publication of such notice. Such notice shall\nbe published at least once before such meeting in a newspaper circulated\nin such district, and in the event no newspaper is circulated in such\ndistrict, such notice shall be posted at least ten days prior to such\nmeeting in at least five conspicuous places in such district. Such\nmeeting shall be held in accordance with the procedures of section one\nthousand five hundred twenty-three of this article.\n e. The clerk of the existing school district immediately shall file\nwith the district superintendent a certification of the vote of the\nmembers of the board of education or board of trustees of the existing\nschool district and, if applicable, a certification of the vote of the\nresidents of such existing school district (other than the residents of\nthe municipality seeking to organize the new school district) and/or a\ncertification of the vote of the residents of such municipality. The\nnew union free school district consisting of the entire territory of\nsuch municipality shall be deemed created immediately upon the filing of\nsuch certifications, and the district superintendent immediately shall\nissue an order altering the boundaries of the existing school district\naccordingly, and shall file such order in accordance with section one\nthousand five hundred six of this article.\n f. If there is an outstanding bonded indebtedness chargeable against\nthe existing school district out of the territory of which such new\ndistrict is organized, the district superintendent shall apportion said\nindebtedness between such new district and the remaining portion of the\ndistrict out of which such new district is organized, according to the\nassessed valuation thereof, and the portion of the indebtedness so\napportioned shall become a charge for principal and interest upon the\nrespective districts as though the same had been incurred by said\ndistricts separately.\n g. For the purposes of this subdivision, the term "municipality" shall\nmean a city, town or village, and the terms "enrollment," and "actual\nvaluation" and "total wealth pupil unit" shall have the same meaning as\nthose terms are defined in section three thousand six hundred two of\nthis chapter.\n