§ 314 — State plan for school district reorganization 1

§ 314. State plan for school district reorganization 1. The\ncommissioner of education is hereby authorized to continue the\ninvestigations, study and review carried on by the joint legislative\ncommittee on the state education system in order to bring up to date the\nstate plan for school district reorganization (legislative document\nnumber twenty-five of nineteen hundred forty-seven, formerly referred to\nas the Master Plan for School District Reorganization in New York\nState); to make such studies and surveys as are necessary to review\nperiodically and maintain such plan currently; to hold hearings in\nrelation to affected areas for the purpose of eliciting the expression\nof opinion, cooperation and assistance of the inhabitants of such areas;\nand to make recommendations for school district reorganization so as to\nassure the most efficient and economical provision of education\nfacilities for such areas and in the best educational interests of the\nchildren in the area. Such recommendations shall be principally directed\ntoward the reorganization of areas in and around the city school\ndistricts of cities having less than one hundred twenty-five thousand\ninhabitants, the reorganization of the remaining common and union free\nschool districts not included in such urban and suburban areas and the\nreorganization of the smaller central school districts.\n 2. At any such time as the commissioner shall determine that an area\nor areas should be reorganized to assure and provide the best, most\nefficient and most economical educational facilities for such area or\nareas and that the best educational interests of the children in the\narea will be served by such reorganization, the commissioner shall\nformally announce or reaffirm such plan of reorganization stating his\nreason therefor by orders made by him and entered in his office. Such\norder shall identify the affected school districts and shall designate\nall school districts by name, number or such other description as the\ncommissioner shall deem proper. The commissioner shall forward a copy of\nsuch order to the clerk or in the event there is no clerk, the trustee\nor trustees of such school district located in the affected area or\nareas.\n 3. (a) Any school district scheduled for reorganization, and not\nreorganized, desiring a change in the established plan of reorganization\nas promulgated pursuant to subdivision two hereof, may petition to the\ncommissioner for a formal public hearing stating the changes desired\nwith the supporting papers, data and information. Such petition shall be\nfiled with the commissioner by the board of education of a city school\ndistrict or by the trustee or board of trustees or board of education in\nother types of school districts upon the motion of a majority of the\nvoters of such school district, present and voting at an annual or\nspecial school district meeting or election adopting a resolution\ndirecting the school board or trustees to file such petition.\n (b) The commissioner within thirty days after receipt of such a\npetition for a formal public hearing shall designate by written notice\nthe place of such hearing and fix a date therefor not less than thirty\nnor more than sixty days from the date of such notice. Such notice shall\ninclude (1) the time and place of the formal public hearing, (2) set\nforth the petitioner's proposed change or changes, (3) the established\nplan of reorganization.\n (c) Upon receipt of such notice of such hearing from the commissioner,\nthe petitioning district shall publish a copy of such notice in one\nnewspaper having a general circulation in such district, such\npublication to be at least twenty days before such hearing, but if there\nbe no such newspaper, a copy of said notice shall be posted in at least\ntwenty public places in said district twenty days before such hearing.\n (d) Hearing. The formal public hearing shall be held at the time and\nplace specified in such notice or amended or republished notice. Such\nhearing may be had before the commissioner or a person designated by him\nas a hearing officer. The commissioner or such person so designated\nshall hear the petitioning school district, the department and all\ndistricts and parties appearing, each of whom may present testimony\nunder oath, supporting exhibits, departmental records and all data,\nmaps, sketches and argument, concerning the petition. The petitioner\nshall have the burden of showing that the proposed change or changes to\nthe existing state plan assures and provides equally efficient and\neconomical educational facilities to such area or other areas affected\nand that the educational interests of the school children in the area\nwill be at least equally served by such proposed change or changes, and\nthat such change or changes will create school districts in the area or\nareas affected which by reason of actual or reasonably to be expected\ngrowth, will be of adequate size, and financial resources to provide\nequally efficient and economical educational facilities to such area or\nareas to serve the educational interests of the children resident\ntherein in all grades from kindergarten through the twelfth year.\n (e) Within sixty days after such hearing is concluded and all papers\nin relation thereto are submitted, the commissioner shall render a\npreliminary finding recommending whether a change is warranted, setting\nforth his findings and conclusions which shall be based exclusively on\nthe evidence presented at the hearing. The commissioner shall recommend\nthe amendment or confirmation of the state plan in accordance with his\npreliminary finding by a report made by him and entered in his office.\nThe commissioner shall serve a copy of such preliminary finding upon the\nclerk or in the event that there is no clerk, the trustee or trustees of\nthe school districts located in the affected area or areas. In the event\nthat such districts do not agree with such preliminary findings, the\nschool districts affected by the terms of such preliminary finding may\nwithin thirty days apply to the chancellor of the board of regents for\nthe appointment of a committee of the regents to review the proposed\namendment or confirmation of the state plan. In the event that an\napplication to the chancellor is not made within thirty days for the\nappointment of a committee of the regents, the preliminary finding shall\nbecome an order without further action of the commissioner.\n (f) Upon receipt of such application, the chancellor shall appoint a\ncommittee of three members of the regents, one of whom shall be a regent\nwhose judicial district includes all or part of the areas affected. The\ncommittee of regents shall review the proposed amendment or confirmation\nof the state plan. In the event the committee is unable to resolve the\ndifferences between the commissioner and such school districts, it shall\nwithin sixty days from the date of the appointment of such committee,\nmake an order reversing, affirming, or modifying, wholly or in part,\nsuch preliminary finding of the commissioner and amending or confirming\nthe state plan setting forth the committee's findings and conclusions\nwhich shall be based exclusively on the evidence presented at the\ncommissioner's hearing and any additional evidence presented at the\ncommittee's review. The committee shall have the discretion to permit\nadditional evidence to be presented by any party. The commissioner shall\nserve a copy of such order upon the clerk or in the event there is no\nclerk, the trustee or trustees of the school districts located in the\naffected area or areas.\n (g) Such order of the committee of the regents shall be binding and\nfinal and subject to review pursuant to article seventy-eight of the\ncivil practice law and rules. The scope of review shall include the\nquestion whether the determination is on the entire record supported by\nsubstantial evidence.\n (h) The commissioner shall establish and promulgate rules of practice\nand procedures in connection with such hearings, shall provide for the\nattendance of the hearing officer, regulate the course of the hearing,\nfix the time for filing of briefs and other documents, provide a hearing\nstenographer and for the making of a record as well as the making of a\nfull transcript of all proceedings at the hearing and shall at the\nrequest of any party, school district or interested person have prepared\nand furnish a copy of the transcript or any part thereof upon payment of\nthe costs therefor.\n (i) School districts designated in the established plan by an order of\nthe committee of the regents shall be made parties by the petitioning\ndistrict. Districts which may be affected by the proposed change may\njoin or be joined in such proceeding by the commissioner or any party.\n 4. Whenever a school district scheduled for reorganization fails to\ninstitute such proceeding hereunder within two years subsequent to the\nfiling of an established plan of reorganization by the commissioner\npursuant to paragraph two herein, the state plan of reorganization in\nexistence at that time shall be final and binding upon all districts\naffected thereby. After such two year period, such district may petition\nthe commissioner for a change in such final and binding plan upon an\nadditional showing that material changes have occurred since such two\nyear period. No proceeding shall again be brought until two years have\nelapsed since a final determination hereunder.\n 5. Nothing herein contained shall delay, or interfere with, the\nexercise of the powers of the commissioner of education vested in him by\narticles thirty-seven or forty or sections fifteen hundred twenty-four,\nfifteen hundred twenty-five or fifteen hundred twenty-six of the\neducation law.\n 6. Whenever any school district scheduled for reorganization pursuant\nto the state plan of reorganization as herein established has not\nconsolidated or reorganized in accordance therewith within two years\nafter the entry of an order pursuant to subdivision two herein\nestablishing such final plan of reorganization for the affected district\nor districts, or has failed within such time after receipt of such\nnotice to institute a proceeding for a change in accordance with this\nsection, or is unable to show that such district has adopted a\nresolution or resolutions in accordance with sections eighteen hundred\none through eighteen hundred three, fifteen hundred ten through fifteen\nhundred thirteen, fifteen hundred twenty-two and fifteen hundred\ntwenty-three, fifteen hundred twenty-four or fifteen hundred twenty-six\nof this chapter in favor of such reorganization or that in the case of\nan order of dissolution and annexation, such district has not asked for\na referendum pursuant to subdivision two of section eighteen hundred\ntwo, and is being prevented from reorganizing by the action of another\ndistrict which is part of the same plan of reorganization, commencing\nwith the school year following the school year in which the two-year\nperiod expired, such school district shall not be eligible to receive\nany building aid exceeding the building aid which such district would be\nentitled to receive in accordance with the applicable provisions of the\neducation law in existence on July first, nineteen hundred sixty-five\nuntil such reorganization shall take place, except for such additional\namounts as may be computed as due on debt service already incurred;\nprovided, however, that nothing contained in this subdivision shall\nprevent the apportionment of building aid for construction,\nreconstruction, alterations of or additions to school building\nfacilities for the use of grades kindergarten through eight, provided\nthe commissioner shall find that (1) existing facilities are obsolete or\ninadequate and (2) that the construction for which aid is sought would\nbe capable of substantial educational use by the reorganized district in\nthe event that the reorganization under the existing plan for\nreorganization is effected.\n