§ 1524 — Consolidation with city school district

New York § 1524

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

Text

§ 1524. Consolidation with city school district. 1. Notwithstanding\nthe provisions of this chapter or any other general, special, or local\nlaw to the contrary, whenever the qualified voters of a school district\nwhich is contiguous to the city school district of a city with less than\none hundred twenty-five thousand inhabitants, according to the latest\nfederal census, by a majority vote taken at an annual or special meeting\nof such district shall adopt a proposition to consolidate such school\ndistrict with such city school district, and the board of education of\nsuch city school district shall by resolution duly adopted consent\nthereto, the commissioner of education may by order consolidate such\nschool district with such city school district; provided, however, that\nwhere several school districts are contiguous to each other and at least\none of such school districts is contiguous to such city school district,\nsuch vote may be taken in each of such school districts at the same\ntime, and if the proposition to consolidate is adopted by a majority\nvote in each such district, including any votes cast by absentee ballot\nas provided under section two thousand eighteen-a or two thousand\neighteen-b of this title, whichever shall apply, and any votes cast by\nearly mail ballots as provided in section two thousand eighteen-e or two\nthousand eighteen-f of this title, whichever shall apply, and upon the\nconsent of the city school district board of education, the commissioner\nof education may include each such district in one order of\nconsolidation; provided, further, however, that if the proposition to\nconsolidate is not adopted by a majority vote in each such district, but\nis so adopted in one or more of such districts, upon the consent of the\ncity school district board of education, the commissioner may include in\none order of consolidation only such district or districts as, either\nsingly or as a group, are contiguous to such city school district. Such\norder shall specify a date on which the same shall take effect, and\nshall have the same effect as an order made by a district superintendent\ndissolving two or more common school districts and forming a new\ndistrict therefrom, or dissolving one or more common school districts\nand uniting the territory thereof to a union free school district under\nthe provisions of article thirty-one of this title. A copy of such order\nshall be filed with the clerk of each school district affected thereby.\n 2. Unless the effective date of such order of consolidation shall\ncoincide with the beginning of the fiscal year of the city school\ndistrict, the board of education of the city school district upon the\neffective date of the order of consolidation, shall levy a tax upon the\narea so consolidated with the city school district, to defray the\nexpenses of educating the pupils of such area from the effective date of\nthe consolidation to the beginning of the next ensuing fiscal year of\nthe city school district. For this purpose, the school tax rate used for\nthe fiscal year of the city school district in progress on the effective\ndate of such order shall be used, except that such rate shall be divided\nby twelve and multiplied by the number of months intervening between the\neffective date of such order and the beginning of the next ensuing\nfiscal year of the city school district. The tax list for this purpose\nshall be prepared and confirmed within thirty days after the effective\ndate of such consolidation.\n 3. In any city school district with which one or more school districts\nshall have been consolidated under the provisions of this section, the\nproper equalization rate shall be fixed and determined annually pursuant\nto the provisions of section thirty-five hundred five of this chapter.\n