§ 1505 — Dissolution, reformation and construction of districts

New York § 1505

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 31: School Districts

Text

§ 1505. Dissolution, reformation and construction of districts. 1.\nAny district superintendent by order may dissolve one or more districts\nand may from such territory form a new district. He may also unite such\nterritory or a portion thereof, by order, to any adjoining school\ndistrict including a union free school district having a population of\nforty-five hundred or more and employing a superintendent of schools but\nexcepting a city school district. He shall file such order with the\nclerks of the school districts affected and also with the town clerks of\nthe towns in which the districts are located, and a copy with the\ncommissioner of education. Such order shall designate the date upon\nwhich it shall take effect, which shall be not less than ninety days\nafter the date of filing. If such action is to affect a district or\ndistricts within the territory of more than one superintendent, it shall\nbe taken by a majority of them, at a meeting duly called by one or more\nof them.\n 2. Within thirty days after the filing of the order any district\naffected thereby may at a meeting duly called, by a majority vote of the\nlegally qualified voters thereof present and voting at such meeting,\npresent to the county judge of the county in which the district is\nlocated, a statement in writing that such district objects to the order\nand requests the appointment of a committee as provided in this section.\nSuch judge, within ten days after the filing of such statement and\nrequest, shall appoint a committee of three disinterested persons,\nresidents of the county or counties in which the districts affected are\nlocated but nonresidents of such school districts, at least two of whom\nshall reside outside of an incorporated village or village district, and\nshall designate one of such committee to act as chairman thereof, and\nshall, at the time of the appointment, file with such chairman such\nstatement and request and a certificate of such appointments and\ndesignation. Within thirty days after the receipt of such papers by the\nchairman, such committee shall call a hearing and decide the matter, and\nthe decision shall be final unless duly appealed from as hereinafter\nprovided. Such decision shall either affirm, vacate or modify the order\nof the district superintendent or superintendents, and, together with\nthe papers and evidence in the matter, shall be filed with the\ncommissioner of education by the chairman of such committee. Such\ncommittee also shall file a copy of its decision with the clerks of the\nschool districts affected, and also with the town clerks of the towns in\nwhich the districts are located and with the district superintendent or\nsuperintendents who made the original order. In the event that such\ncommittee does not make and file its decision as hereinbefore provided,\nthen the order of the district superintendent or superintendents shall\nbecome effective in accordance with its terms, and the members of such\ncommittee shall not be entitled to receive their fees as hereinafter\nprovided. The members of such committee shall each be entitled to ten\ndollars for each day actually and necessarily spent in the business of\nthe committee, and the amount thereof shall be a charge upon the school\ndistricts affected, in proportion to the actual valuation of such\ndistricts. Within twenty days from the making and filing of such\ndecision, any district affected may at a meeting duly called, by a\nmajority vote of the legally qualified voters thereof present and\nvoting, appeal to the commissioner of education as provided in article\nseven of this chapter.\n