N.Y. Education Law § 1705: Annexing territory to a union free school district

§ 1705. Annexing territory to a union free school district. 1.

Territory may be annexed to a union free school district as provided in

this section.

a. The commissioner is authorized and empowered to make and enter in

the commissioner's office orders dissolving one or more common, union

free or central school districts and annexing the territory of such

districts, or portions thereof, to one or more adjoining union free

school districts, subject to approval of the voters of each school

district affected thereby.

b. When an order annexing territory to a union free school district

has been made and entered as provided in this section, the commissioner

shall, within ten days thereafter, cause certified copies of said order

to be filed with the clerk or school authorities of each school district

affected thereby. Within thirty days of filing of such order, the

commissioner shall fix a time and place for a special meeting of the

qualified voters of each school district affected by the proposed

annexation and shall cause notice thereof to be posted at least ten days

before each such meeting in ten conspicuous places in the school

district. In addition to the posting of such notice, a copy thereof

shall be duly published, at least three days before each such meeting,

in a daily or weekly newspaper published within, or in general

circulation in, the school district in which such meeting is to be held.

The expense of posting and publishing such notice shall be a charge upon

the school district conducting such meeting.

2. Except as provided in this subdivision, any special district

meeting held pursuant to paragraph b of subdivision one of this section

shall be conducted in accordance with the procedures specified in

section eighteen hundred three of this chapter.

a. At a meeting held pursuant to paragraph b of subdivision one of

this section, a resolution in substantially the following form shall be

presented for the action and determination of the meeting, viz.:

"Resolved that the...(insert simplified name of district in accordance

with section three hundred fifteen of this chapter) school district be

annexed to the...union free school district (designate union free school

district) as provided in the order of the commissioner of education now

before this meeting."

b. If at any such meeting the resolution described in paragraph a of

this subdivision shall be presented and shall not be adopted, there

shall be no further proceedings at such meeting, except a motion to

reconsider the question. No such meeting shall again be called by the

commissioner within one year after such original meeting. If no meeting

shall be called to reconsider the question within two years after such

original meeting, or if at any such meeting called within two years

after such original meeting the resolution shall again be rejected by

the voters, the order of the commissioner to which the resolution

relates shall be deemed null and void and of no further force or effect.

c. If the resolution submitted to the voters as provided in paragraph

a of this subdivision shall be adopted by the voters of each school

district affected by the order of the commissioner, the territory

described therein shall thereupon be annexed to the existing union free

school district or districts as provided in such order.

3. Whenever a common school district, union free school district or

central school district becomes a part of a union free school district

pursuant to the provisions of this section, the union free school

district of which any such district shall have become a part, shall

succeed to all the property rights of such common, union free or central

school districts and all indebtedness of any such school district

evidenced by bonds or notes or relating to school building construction

shall become a charge upon such union free school district of which such

district shall have become a part, but all other indebtedness of any

such district shall be paid by any such district in accordance with the

provisions of section fifteen hundred eighteen of this chapter and to

that extent any such district shall continue to exist in law for the

purpose of providing for and paying all such indebtedness in accordance

with the provisions of such section.

4. Notwithstanding any other provision of law, whenever a common

school district, union free school district or central school district

is annexed in its entirety to a union free school district pursuant to

this section, all employees of the former school districts at the time

of dissolution shall immediately become employees of the reorganized

union free school district, shall retain their tenure and/or employment

status and the seniority gained in the annexed district, and the

seniority list of the employees of the annexed school district shall be

merged with the seniority list of the employees of the annexing school

district. If the number of teaching positions needed to provide services

in the reorganized union free school district is less than the number of

teachers considered to be employees of the reorganized union free school

district pursuant to this subdivision, the board of education shall

abolish the unneeded positions and place teachers on preferred eligible

lists in accordance with section three thousand thirteen of this

chapter. For salary, sick leave and other purposes, an employee's length

of service with the annexed school district shall be credited as

employment time with the annexing union free school district. This

section shall in no way be construed to limit the rights of any such

employees set forth in this section granted by any other provision of

law.