N.Y. Education Law § 1504: Formation of new district

§ 1504. Formation of new district. 1. A district superintendent may

organize a new school district out of the territory of one or more

school districts which are wholly within the geographic area served by

his board of cooperative educational services, whenever the educational

interests of the community require it. If there is an outstanding bonded

indebtedness chargeable against the district or districts out of the

territory of which such new district is organized, the district

superintendent shall apportion said indebtedness between such new

district and the remaining portion of the district or districts out of

which such new district is organized, according to the assessed

valuation thereof, and the portion of the indebtedness so apportioned

shall become a charge for principal and interest upon the respective

districts as though the same had been incurred by said districts

separately.

2. The district superintendents of two or more adjoining supervisory

districts, when public interests require it, may form a joint school

district out of the adjoining portions of their respective districts.

3. Any municipality situated wholly within one central or union free

school district but whose boundaries are not coterminous with the

boundaries of such school district may organize, pursuant to the

provisions of this subdivision, a new union free school district

consisting of the entire territory of such municipality whenever

required by the educational interests of the community.

a. No such new school district may be organized unless: (i) the

enrollment of the municipality seeking to organize such new school

district equals at least two thousand children, and is no greater than

sixty percent of the enrollment of the existing school district from

which such new school district will be organized; (ii) such new school

district would have an actual valuation per total wealth pupil unit at

least equal to the statewide average; and (iii) the enrollment of the

existing school district from which such new school district will be

organized equals at least two thousand children, excluding the residents

of such municipality.

b. No such new school district shall be organized unless the creation

of such new school district first shall have been approved by: (i) a

majority vote of the residents of a municipality seeking to organize

such new school district, provided that a vote of such residents shall

not be required if creation of the new school district has been approved

by a vote of at least two-thirds of the members of the local governing

body of the municipality of such municipality (ii) a majority vote of

the trustees or members of the boards of education of the existing

school district from which such new school district will be organized;

and (iii) a majority vote of the residents of such existing school

district, except that the residents of the municipality seeking to

organize the new school district shall not be entitled to participate in

such vote. Notwithstanding any provision of law to the contrary, a vote

of the residents of an existing school district shall not be required if

the creation of the new school district has been approved by a vote of

at least two-thirds of the trustees or members of the board of education

of such existing school district.

c. If a vote of the residents of a municipality is required, it shall

be the duty of the chief executive officer of the municipality seeking

to organize a new school district, pursuant to a resolution duly adopted

by the governing body of such municipality that the educational

interests of the community require the creation of a new school

district, to give public notice that a meeting of the qualified electors

of such municipality will be held at some convenient place within such

municipality to vote upon the question of creating such new school

district and to elect members of the board of education of such new

school district. Such notice shall specify the day, hour and place where

such meeting shall be held, which shall be not less than ten nor more

than thirty days after the posting or publication of such notice. Such

notice shall be published at least once before such meeting in a

newspaper circulated in such municipality, and in the event no newspaper

is circulated in such municipality, such notice shall be posted at least

ten days prior to such meeting in at least five conspicuous places in

such municipality.

d. If a vote of the residents of the existing school district (other

than the residents of the municipality seeking to organize the new

school district) is required, it shall be the duty of the trustees or

board of education of such existing school district to give public

notice that a meeting of the qualified electors of such district will be

held to vote upon the question of creating such new school district.

Such notice shall specify the day, hour and place where such meeting

shall be held, which shall be not less than ten nor more than thirty

days after the posting or publication of such notice. Such notice shall

be published at least once before such meeting in a newspaper circulated

in such district, and in the event no newspaper is circulated in such

district, such notice shall be posted at least ten days prior to such

meeting in at least five conspicuous places in such district. Such

meeting shall be held in accordance with the procedures of section one

thousand five hundred twenty-three of this article.

e. The clerk of the existing school district immediately shall file

with the district superintendent a certification of the vote of the

members of the board of education or board of trustees of the existing

school district and, if applicable, a certification of the vote of the

residents of such existing school district (other than the residents of

the municipality seeking to organize the new school district) and/or a

certification of the vote of the residents of such municipality. The

new union free school district consisting of the entire territory of

such municipality shall be deemed created immediately upon the filing of

such certifications, and the district superintendent immediately shall

issue an order altering the boundaries of the existing school district

accordingly, and shall file such order in accordance with section one

thousand five hundred six of this article.

f. If there is an outstanding bonded indebtedness chargeable against

the existing school district out of the territory of which such new

district is organized, the district superintendent shall apportion said

indebtedness between such new district and the remaining portion of the

district out of which such new district is organized, according to the

assessed valuation thereof, and the portion of the indebtedness so

apportioned shall become a charge for principal and interest upon the

respective districts as though the same had been incurred by said

districts separately.

g. For the purposes of this subdivision, the term "municipality" shall

mean a city, town or village, and the terms "enrollment," and "actual

valuation" and "total wealth pupil unit" shall have the same meaning as

those terms are defined in section three thousand six hundred two of

this chapter.