N.Y. Education Law § 1802: Organization procedure

§ 1802. Organization procedure. 1. New central school districts shall

be organized as provided in this subdivision.

a. When an order laying out a central school district has been made

and entered as provided in section eighteen hundred one of this chapter,

a petition may be presented by persons qualified to vote at school

district meetings asking for the organization of a central school

district and the establishment of a central school therein. Said

petition shall be signed by at least one hundred of such qualified

voters or by a number of such qualified voters equal to at least ten per

centum of the pupils of said central school district as determined by

the last school census, whichever shall be less.

b. Said petition shall be filed with the commissioner and shall

request that a meeting of the qualified voters within said territory be

called for the purpose of determining whether or not such territory

shall be organized as a central school district and a central school be

established therein for instruction in elementary or elementary and high

school subjects. If the commissioner is satisfied that the petition has

been duly signed as provided in this section, he shall fix a time and

place for a special meeting of the qualified voters within the central

school district, which meeting shall be held not more than thirty days

after the filing of the petition aforesaid. The commissioner shall

cause notice of such meeting to be posted at least ten days before the

meeting in three conspicuous places in each school district wholly or

partly within the central school district. In addition to the posting of

such notice, a copy thereof shall be published at least three days

before the meeting in a daily or weekly newspaper published within the

territory or in a newspaper circulating therein. The expense of posting

and publishing of the notice shall be borne equally by the several

school districts within the territory, unless a central school district

is organized, in which event such expense shall become a charge upon

said central school district.

2. Territory shall be annexed to a central school district as provided

in this subdivision.

a. When an order annexing territory to a central school district has

been made and entered as provided in section eighteen hundred one of

this chapter, the commissioner shall within ten days thereafter cause

certified copies of said order to be filed with the clerk of the central

school district and the trustee or trustees of each school district

affected thereby. Said order annexing territory to the central school

district shall become final sixty days after such filing of the

certified copy thereof, unless a permissive referendum is requested as

hereinafter provided. Said order may state that it shall take effect on

a date specified therein which date shall not, however, be earlier than

sixty days after such filing.

b. When at least one hundred of the qualified voters residing in a

central school district, as it existed prior to the order of annexation,

or a number of such qualified voters equal to at least ten per centum of

the pupils therein, as determined by the last school census, whichever

shall be less; or when at least one hundred qualified voters residing

within any school district affected by such order or a number of such

qualified voters equal to at least ten per centum of the pupils therein,

as determined by the last school census, whichever shall be less, shall,

within sixty days after the last filing of the copies of the aforesaid

order, file a petition with the commissioner requesting a special

meeting of the qualified voters of such district affected thereby, a

special meeting shall be held pursuant to notice, as hereinafter set

forth, to determine whether the order annexing the school district or

districts, or any one of such districts, shall be approved. If the

commissioner determines that the petition has been duly signed by the

number of qualified voters required, he shall fix a time and place,

within thirty days after the receipt by him of said petition, for a

special meeting of the qualified voters of the central school district

or school district in respect of which a petition has been filed as

aforesaid. The commissioner shall cause notice thereof to be posted at

least ten days before the meeting in ten conspicuous places in such

central school district or such school district. In addition to the

posting of such notice a copy thereof shall be duly published, at least

three days before the meeting, in a daily or weekly newspaper published

within such central school district or any of the school districts in

which such meeting is to be held, or in a newspaper circulating in the

territory. The expense of posting and publishing the notice aforesaid

shall be a charge upon the central school district or school district

conducting such meeting.