N.Y. Education Law § 1505: Dissolution, reformation and construction of districts

§ 1505. Dissolution, reformation and construction of districts. 1.

Any district superintendent by order may dissolve one or more districts

and may from such territory form a new district. He may also unite such

territory or a portion thereof, by order, to any adjoining school

district including a union free school district having a population of

forty-five hundred or more and employing a superintendent of schools but

excepting a city school district. He shall file such order with the

clerks of the school districts affected and also with the town clerks of

the towns in which the districts are located, and a copy with the

commissioner of education. Such order shall designate the date upon

which it shall take effect, which shall be not less than ninety days

after the date of filing. If such action is to affect a district or

districts within the territory of more than one superintendent, it shall

be taken by a majority of them, at a meeting duly called by one or more

of them.

2. Within thirty days after the filing of the order any district

affected thereby may at a meeting duly called, by a majority vote of the

legally qualified voters thereof present and voting at such meeting,

present to the county judge of the county in which the district is

located, a statement in writing that such district objects to the order

and requests the appointment of a committee as provided in this section.

Such judge, within ten days after the filing of such statement and

request, shall appoint a committee of three disinterested persons,

residents of the county or counties in which the districts affected are

located but nonresidents of such school districts, at least two of whom

shall reside outside of an incorporated village or village district, and

shall designate one of such committee to act as chairman thereof, and

shall, at the time of the appointment, file with such chairman such

statement and request and a certificate of such appointments and

designation. Within thirty days after the receipt of such papers by the

chairman, such committee shall call a hearing and decide the matter, and

the decision shall be final unless duly appealed from as hereinafter

provided. Such decision shall either affirm, vacate or modify the order

of the district superintendent or superintendents, and, together with

the papers and evidence in the matter, shall be filed with the

commissioner of education by the chairman of such committee. Such

committee also shall file a copy of its decision with the clerks of the

school districts affected, and also with the town clerks of the towns in

which the districts are located and with the district superintendent or

superintendents who made the original order. In the event that such

committee does not make and file its decision as hereinbefore provided,

then the order of the district superintendent or superintendents shall

become effective in accordance with its terms, and the members of such

committee shall not be entitled to receive their fees as hereinafter

provided. The members of such committee shall each be entitled to ten

dollars for each day actually and necessarily spent in the business of

the committee, and the amount thereof shall be a charge upon the school

districts affected, in proportion to the actual valuation of such

districts. Within twenty days from the making and filing of such

decision, any district affected may at a meeting duly called, by a

majority vote of the legally qualified voters thereof present and

voting, appeal to the commissioner of education as provided in article

seven of this chapter.