§ 2218 — Partitioning of territory and formation of new school districts by district superintendents

§ 2218. Partitioning of territory and formation of new school\ndistricts by district superintendents. Notwithstanding any other\nprovision of law to the contrary, in addition to the authority granted\nunder the provisions of article thirty-one of this chapter, a district\nsuperintendent of schools may order the partitioning of territory from\nan existing union free, central, central high school or enlarged city\nschool district that is located within his or her supervisory district,\nthe dissolution and reformation of the existing school district where\nnecessary and the formation of a new union free or city school district\nout of such territory in accordance with the provisions of this section.\n 1. Definitions: For the purposes of this section and section\nthirty-six hundred two-f of this chapter:\n a. "Actual valuation" means the actual valuation, as defined in\nparagraph c of subdivision one of section thirty-six hundred two of this\nchapter, of a school district that would result from reorganization\npursuant to this section.\n b. "Enlarged city school district" means a city school district of a\ncity having a population of less than one hundred twenty-five thousand\ninhabitants that includes areas outside of the city boundaries.\n c. "Enrollment" means the unduplicated count of all children\nregistered to receive educational services in grades kindergarten\nthrough twelve, including children in ungraded programs as registered on\nthe date prior to November first that is specified by the commissioner\nas the enrollment reporting date for the school district or non-public\nschool, as reported to the commissioner.\n d. "Municipality" means a city having a population of less than one\nhundred twenty-five thousand inhabitants, a village or a town, wholly\ncontained in one school district.\n e. "New school district" means the school district formed or reformed\nfrom the territory partitioned from the pre-existing school district\nthat is coterminous with a municipality.\n f. "Pre-existing school district" means a union free, central, central\nhigh school or enlarged city school district from which territory is to\nbe partitioned pursuant to this section.\n g. "Remaining school district" means the school district remaining\nafter its boundary is altered to partition a municipality.\n h. "Union free school district" means any union free school district\nother than a special act school district as defined in subdivision eight\nof section four thousand one of this chapter.\n 2. Minimum qualifications. To be eligible for reorganization pursuant\nto this section, the municipality seeking to reorganize a new school\ndistrict shall have a population of at least ten thousand inhabitants\nand the remaining school district shall have an enrollment of at least\none thousand children, provided that any territory that was added to the\npre-existing school district by vote for annexation, centralization or\nconsolidation shall not be eligible for partitioning pursuant to this\nsection until five years after the vote approving such annexation,\ncentralization or consolidation.\n 3. Procedure for reorganization. a. Reorganization pursuant to this\nsection may be initiated by a petition to the board of education of the\npre-existing school district submitted by the governing body of the\nmunicipality seeking to reorganize a new school district. If the board\nof education determines that the petition has been properly submitted\nand that the territory described in the petition meets the minimum\nqualifications for reorganization under this section, it shall transmit\na copy to the district superintendent with a request for assistance in\nthe development of a plan for reorganization to form a new union free or\ncity school district out of such territory.\n b. The district superintendent shall assist the petitioners in\ndeveloping such reorganization plan in consultation with representatives\nof the pre-existing school district. Such reorganization plan shall:\n (i) describe the boundaries of the new school district;\n (ii) state the effective date of the reorganization and indicate\nwhether the new school district will be a union free school district or\na city school district and, in the case of reorganization involving a\ncentral high school district or a city school district, the type of\nschool district that the remaining school district will be;\n (iii) describe how the facilities needs of the new school district\nwill be met;\n (iv) describe the impact of the reorganization upon teachers and other\nemployees of the pre-existing school district;\n (v) describe the educational programs and services to be provided by\nthe new school district, and for any reorganization that will take\neffect during a school year, describe how programs and services to\nstudents residing in the new school district will be continued without\ndisruption for the balance of such school year;\n (vi) set forth any real or personal property of the pre-existing\nschool district that will be transferred to the new school district in\naccordance with this section;\n (vii) provide for a proposed allocation of the bonded indebtedness of\nthe pre-existing school district incurred while the territory to be\npartitioned was part of such pre-existing school district and for a\nproposed allocation of other debt of the pre-existing school district;\n (viii) describe the impact of the reorganization on the contractual\nobligations of the pre-existing school district;\n (ix) include a proposed budget for the new school district for the\nfirst school year of its operation and estimate the impact of the\nproposed reorganization on school taxes for taxpayers in the new school\ndistrict and the remaining school district; and\n (x) describe any necessary transition procedures for the first school\nyear of operation of the new school district, including but not limited\nto procedures for the recommendation of special education programs and\nservices for students with disabilities and preschool children with\ndisabilities residing within the new school district.\n c. The district superintendent shall review the proposed\nreorganization plan and determine whether it is in compliance with the\nrequirements of this section. If the district superintendent certifies\nto the board of education of the pre-existing school district that such\nplan is in compliance, such board, within twenty days after receipt of\nsuch certification, shall proceed to call a special district meeting to\nconduct a vote on the proposed reorganization unless such reorganization\nis approved by a vote of the board of education to the extent provided\nunder paragraph d of this subdivision and shall schedule at least one\npublic hearing on the proposed reorganization, to be held not less than\nseven days prior to the vote. Notice of such special district meeting\nshall specify the date and time at which the vote will be held, which\nshall be not less than twenty nor more than thirty days after the\npublication or posting of such notice, and the place or places within\nthe pre-existing school district at which the vote will be held. Such\nnotice shall be published at least once a week for three consecutive\nweeks preceding the meeting in at least one newspaper in general\ncirculation in the pre-existing school district, and if there be no such\nnewspaper in general circulation in the district, such notice shall be\nposted in at least five conspicuous places in said district at least\ntwenty days before such meeting.\n d. The proposed reorganization shall be subject to approval by:\n (i) a majority vote of the qualified voters residing in such\nmunicipality, or a vote of at least two-thirds of the governing body of\nsuch municipality, and\n (ii) a majority vote of the qualified voters residing in the remaining\nschool district, or a vote of at least two-thirds of the board of\neducation of the pre-existing school district provided that a member who\nresides in such municipality shall be ineligible to vote as a school\nboard member on the proposition for reorganization.\n e. Notwithstanding any other provision of law to the contrary, the\nboard of education of the pre-existing school district shall be\nauthorized to establish special election districts for the purpose of\nconducting the votes required under paragraph d of this subdivision, and\nthe district superintendent shall be authorized to order any other\nmodifications in school election procedures that are needed to carry out\nthe provisions of this section.\n 4. Order of district superintendent. The clerk of the pre-existing\nschool district shall file with the district superintendent a\ncertification of the results of the votes required by paragraph d of\nsubdivision three of this section. Upon filing of a certification that\nboth required votes are in favor of reorganization, the district\nsuperintendent shall issue an order forming or reforming the new school\ndistrict, altering the boundaries of the pre-existing school district\naccordingly, and, where necessary, reforming the remaining school\ndistrict and shall file such order in the manner prescribed in section\nfifteen hundred six of this chapter. The new school district shall be\nformed as a union free school district authorized to provide instruction\nin grades kindergarten through twelve, except that if the new school\ndistrict is coterminous with a city having a population of one hundred\ntwenty-five thousand inhabitants or less, such order shall designate\nsuch district as a city school district. Notwithstanding the foregoing,\nwhere the territory partitioned from a central high school district is\ncoterminous with a former component school district of such central high\nschool district, the district superintendent's order shall reform the\ncomponent school district as a union free school district authorized to\nprovide instruction in grades kindergarten through twelve. The remaining\nschool district shall retain its status as a union free, central,\ncentral high school or city school district, except that (i) where the\nnew school district is a city school district, the remaining school\ndistrict shall be reformed as a union free school district, and (ii)\nwhere such reorganization would result in a central high school district\nwith only one component district, the district superintendent shall\norder reformation of the remaining central high school district into a\nunion free school district.\n 5. Effect of partitioning of territory. a. If there is outstanding\nbonded indebtedness chargeable against the pre-existing school district\nat the time of reorganization incurred while the territory to be\npartitioned was part of such pre-existing school district, the district\nsuperintendent shall apportion such indebtedness between the new school\ndistrict and the remaining school district according to the actual\nvaluation of the two districts, based on data on file with the\ncommissioner; and any approved expenditures for debt service represented\nby such apportioned indebtedness shall be eligible for an apportionment\nof building aid computed pursuant to subdivision six of section\nthirty-six hundred two of this chapter using an aid ratio computed for\nuse in any year commencing with the nineteen hundred\neighty-one--eighty-two school year for the pre-existing school district.\nThe portion of such bonded indebtedness so apportioned shall become a\ncharge upon the respective districts as though the same had been\nincurred by said districts separately, and the amount so apportioned\nshall not be adjusted thereafter.\n b. Where the pre-existing school district has incurred indebtedness\nother than bonds or notes for the benefit of the residents of the\nmunicipality such other debt may be apportioned by the district\nsuperintendent between the new school district and the remaining school\ndistrict in the manner and to the extent provided in the reorganization\nplan.\n c. Upon the effective date of the reorganization, legal title and all\nother property rights to any school facility of the pre-existing school\ndistrict that is located within the new school district shall be\ntransferred to such new school district, except that school facilities\nof a central high school district shall remain the property of the\ncentral high school district. The district superintendent shall\napportion the value of any school facility so transferred between the\nnew school district and the remaining school district according to the\nactual valuation of the two districts based on data on file with the\ncommissioner. In determining such value, the district superintendent\nshall deduct from the fair market value of the school facility the\namount of any outstanding bonded indebtedness on such facility. The\ncost of an appraisal to determine fair market value shall be a charge\nupon the new school district. The board of education of the new school\ndistrict shall reimburse the board of education of the remaining school\ndistrict in an amount equal to the remaining school district's share of\nthe value of the school facility as apportioned by the district\nsuperintendent, and such amount shall be a charge upon the new school\ndistrict.\n d. Any school bus or personal property of the pre-existing school\ndistrict that is no longer needed by the remaining school district may\nbe transferred to the new school district upon such terms and conditions\nas may be agreed upon by the boards of education of the remaining school\ndistrict and the new school district.\n e. For any reorganization pursuant to this section that takes effect\nduring a school year, the district superintendent shall apportion the\nadministrative expense of the board of cooperative educational services\nchargeable to the pre-existing school district between the new school\ndistrict and the remaining district based on the actual valuation of the\ntwo districts.\n f. Members of the teaching and supervisory staff of the pre-existing\nschool district at the time of the reorganization shall have the right\nto select the school district in which he or she shall be considered an\nemployee, with the same tenure status he or she maintained in the\npre-existing school district. Such selection shall be based on each\nteacher's seniority in the pre-existing school district, with the right\nof selection passing from such teachers with the most seniority to such\nteachers with the least seniority. Any such teacher who is unable to\nobtain a teaching position in the new school district because the number\nof positions needed is less than the number of teachers eligible to be\nconsidered employees pursuant to this paragraph shall, in such new\nschool district and in the remaining school district, be placed on a\npreferred eligible list of candidates for appointment to a vacancy that\nmay thereafter occur in a position similar to the one such teacher\nfilled in the pre-existing school district. Such teachers shall be\nappointed to vacancies in such corresponding or similar positions in the\norder of their length of service in the pre-existing school district,\nwithin seven years from the date of the reorganization pursuant to this\nsection. For such teachers, for salary, sick leave or any other purpose,\nthe length of service credited in the pre-existing school district shall\nbe credited as employment time with the new school district or the\nremaining school district, as applicable.\n g. Members of the board of education of the pre-existing school\ndistrict who reside in the territory partitioned pursuant to this\nsection shall vacate their positions on the effective date of the\nreorganization, and the vacancies so created shall be filled in the\nmanner provided by law, provided, however, that if the board of\neducation of the remaining school district is unable to obtain a quorum\nto vote on whether to fill such vacancies by appointment or to call a\nspecial district meeting to fill the vacancies by election within thirty\ndays after the reorganization, the district superintendent shall be\nauthorized to fill such vacancies until the next annual meeting and\nelection of the district. Whenever a school district is reformed\npursuant to this section, the reformed school district shall be the\nsuccessor in interest of the former school district and the board of\neducation of the former school district shall continue as the board of\neducation of the reformed school district, except that where a central\nhigh school district is reformed as a union free school district the\nboard of education of the component school district that is coterminous\nwith the central high school district shall become the board of\neducation of the reformed school district, and the members of the board\nof education of the central high school district shall vacate their\npositions on the effective date of the reorganization.\n h. Notwithstanding any other provision of law to the contrary, if a\nproposal for reorganization pursuant to this section is defeated by the\nvoters, such proposal may not be resubmitted for a vote until two years\nafter the original vote.\n