N.Y. Education Law § 2218: Partitioning of territory and formation of new school districts by district superintendents

§ 2218. Partitioning of territory and formation of new school

districts by district superintendents. Notwithstanding any other

provision of law to the contrary, in addition to the authority granted

under the provisions of article thirty-one of this chapter, a district

superintendent of schools may order the partitioning of territory from

an existing union free, central, central high school or enlarged city

school district that is located within his or her supervisory district,

the dissolution and reformation of the existing school district where

necessary and the formation of a new union free or city school district

out of such territory in accordance with the provisions of this section.

1. Definitions: For the purposes of this section and section

thirty-six hundred two-f of this chapter:

a. "Actual valuation" means the actual valuation, as defined in

paragraph c of subdivision one of section thirty-six hundred two of this

chapter, of a school district that would result from reorganization

pursuant to this section.

b. "Enlarged city school district" means a city school district of a

city having a population of less than one hundred twenty-five thousand

inhabitants that includes areas outside of the city boundaries.

c. "Enrollment" means the unduplicated count of all children

registered to receive educational services in grades kindergarten

through twelve, including children in ungraded programs as registered on

the date prior to November first that is specified by the commissioner

as the enrollment reporting date for the school district or non-public

school, as reported to the commissioner.

d. "Municipality" means a city having a population of less than one

hundred twenty-five thousand inhabitants, a village or a town, wholly

contained in one school district.

e. "New school district" means the school district formed or reformed

from the territory partitioned from the pre-existing school district

that is coterminous with a municipality.

f. "Pre-existing school district" means a union free, central, central

high school or enlarged city school district from which territory is to

be partitioned pursuant to this section.

g. "Remaining school district" means the school district remaining

after its boundary is altered to partition a municipality.

h. "Union free school district" means any union free school district

other than a special act school district as defined in subdivision eight

of section four thousand one of this chapter.

2. Minimum qualifications. To be eligible for reorganization pursuant

to this section, the municipality seeking to reorganize a new school

district shall have a population of at least ten thousand inhabitants

and the remaining school district shall have an enrollment of at least

one thousand children, provided that any territory that was added to the

pre-existing school district by vote for annexation, centralization or

consolidation shall not be eligible for partitioning pursuant to this

section until five years after the vote approving such annexation,

centralization or consolidation.

3. Procedure for reorganization. a. Reorganization pursuant to this

section may be initiated by a petition to the board of education of the

pre-existing school district submitted by the governing body of the

municipality seeking to reorganize a new school district. If the board

of education determines that the petition has been properly submitted

and that the territory described in the petition meets the minimum

qualifications for reorganization under this section, it shall transmit

a copy to the district superintendent with a request for assistance in

the development of a plan for reorganization to form a new union free or

city school district out of such territory.

b. The district superintendent shall assist the petitioners in

developing such reorganization plan in consultation with representatives

of the pre-existing school district. Such reorganization plan shall:

(i) describe the boundaries of the new school district;

(ii) state the effective date of the reorganization and indicate

whether the new school district will be a union free school district or

a city school district and, in the case of reorganization involving a

central high school district or a city school district, the type of

school district that the remaining school district will be;

(iii) describe how the facilities needs of the new school district

will be met;

(iv) describe the impact of the reorganization upon teachers and other

employees of the pre-existing school district;

(v) describe the educational programs and services to be provided by

the new school district, and for any reorganization that will take

effect during a school year, describe how programs and services to

students residing in the new school district will be continued without

disruption for the balance of such school year;

(vi) set forth any real or personal property of the pre-existing

school district that will be transferred to the new school district in

accordance with this section;

(vii) provide for a proposed allocation of the bonded indebtedness of

the pre-existing school district incurred while the territory to be

partitioned was part of such pre-existing school district and for a

proposed allocation of other debt of the pre-existing school district;

(viii) describe the impact of the reorganization on the contractual

obligations of the pre-existing school district;

(ix) include a proposed budget for the new school district for the

first school year of its operation and estimate the impact of the

proposed reorganization on school taxes for taxpayers in the new school

district and the remaining school district; and

(x) describe any necessary transition procedures for the first school

year of operation of the new school district, including but not limited

to procedures for the recommendation of special education programs and

services for students with disabilities and preschool children with

disabilities residing within the new school district.

c. The district superintendent shall review the proposed

reorganization plan and determine whether it is in compliance with the

requirements of this section. If the district superintendent certifies

to the board of education of the pre-existing school district that such

plan is in compliance, such board, within twenty days after receipt of

such certification, shall proceed to call a special district meeting to

conduct a vote on the proposed reorganization unless such reorganization

is approved by a vote of the board of education to the extent provided

under paragraph d of this subdivision and shall schedule at least one

public hearing on the proposed reorganization, to be held not less than

seven days prior to the vote. Notice of such special district meeting

shall specify the date and time at which the vote will be held, which

shall be not less than twenty nor more than thirty days after the

publication or posting of such notice, and the place or places within

the pre-existing school district at which the vote will be held. Such

notice shall be published at least once a week for three consecutive

weeks preceding the meeting in at least one newspaper in general

circulation in the pre-existing school district, and if there be no such

newspaper in general circulation in the district, such notice shall be

posted in at least five conspicuous places in said district at least

twenty days before such meeting.

d. The proposed reorganization shall be subject to approval by:

(i) a majority vote of the qualified voters residing in such

municipality, or a vote of at least two-thirds of the governing body of

such municipality, and

(ii) a majority vote of the qualified voters residing in the remaining

school district, or a vote of at least two-thirds of the board of

education of the pre-existing school district provided that a member who

resides in such municipality shall be ineligible to vote as a school

board member on the proposition for reorganization.

e. Notwithstanding any other provision of law to the contrary, the

board of education of the pre-existing school district shall be

authorized to establish special election districts for the purpose of

conducting the votes required under paragraph d of this subdivision, and

the district superintendent shall be authorized to order any other

modifications in school election procedures that are needed to carry out

the provisions of this section.

4. Order of district superintendent. The clerk of the pre-existing

school district shall file with the district superintendent a

certification of the results of the votes required by paragraph d of

subdivision three of this section. Upon filing of a certification that

both required votes are in favor of reorganization, the district

superintendent shall issue an order forming or reforming the new school

district, altering the boundaries of the pre-existing school district

accordingly, and, where necessary, reforming the remaining school

district and shall file such order in the manner prescribed in section

fifteen hundred six of this chapter. The new school district shall be

formed as a union free school district authorized to provide instruction

in grades kindergarten through twelve, except that if the new school

district is coterminous with a city having a population of one hundred

twenty-five thousand inhabitants or less, such order shall designate

such district as a city school district. Notwithstanding the foregoing,

where the territory partitioned from a central high school district is

coterminous with a former component school district of such central high

school district, the district superintendent's order shall reform the

component school district as a union free school district authorized to

provide instruction in grades kindergarten through twelve. The remaining

school district shall retain its status as a union free, central,

central high school or city school district, except that (i) where the

new school district is a city school district, the remaining school

district shall be reformed as a union free school district, and (ii)

where such reorganization would result in a central high school district

with only one component district, the district superintendent shall

order reformation of the remaining central high school district into a

union free school district.

5. Effect of partitioning of territory. a. If there is outstanding

bonded indebtedness chargeable against the pre-existing school district

at the time of reorganization incurred while the territory to be

partitioned was part of such pre-existing school district, the district

superintendent shall apportion such indebtedness between the new school

district and the remaining school district according to the actual

valuation of the two districts, based on data on file with the

commissioner; and any approved expenditures for debt service represented

by such apportioned indebtedness shall be eligible for an apportionment

of building aid computed pursuant to subdivision six of section

thirty-six hundred two of this chapter using an aid ratio computed for

use in any year commencing with the nineteen hundred

eighty-one--eighty-two school year for the pre-existing school district.

The portion of such bonded indebtedness so apportioned shall become a

charge upon the respective districts as though the same had been

incurred by said districts separately, and the amount so apportioned

shall not be adjusted thereafter.

b. Where the pre-existing school district has incurred indebtedness

other than bonds or notes for the benefit of the residents of the

municipality such other debt may be apportioned by the district

superintendent between the new school district and the remaining school

district in the manner and to the extent provided in the reorganization

plan.

c. Upon the effective date of the reorganization, legal title and all

other property rights to any school facility of the pre-existing school

district that is located within the new school district shall be

transferred to such new school district, except that school facilities

of a central high school district shall remain the property of the

central high school district. The district superintendent shall

apportion the value of any school facility so transferred between the

new school district and the remaining school district according to the

actual valuation of the two districts based on data on file with the

commissioner. In determining such value, the district superintendent

shall deduct from the fair market value of the school facility the

amount of any outstanding bonded indebtedness on such facility. The

cost of an appraisal to determine fair market value shall be a charge

upon the new school district. The board of education of the new school

district shall reimburse the board of education of the remaining school

district in an amount equal to the remaining school district's share of

the value of the school facility as apportioned by the district

superintendent, and such amount shall be a charge upon the new school

district.

d. Any school bus or personal property of the pre-existing school

district that is no longer needed by the remaining school district may

be transferred to the new school district upon such terms and conditions

as may be agreed upon by the boards of education of the remaining school

district and the new school district.

e. For any reorganization pursuant to this section that takes effect

during a school year, the district superintendent shall apportion the

administrative expense of the board of cooperative educational services

chargeable to the pre-existing school district between the new school

district and the remaining district based on the actual valuation of the

two districts.

f. Members of the teaching and supervisory staff of the pre-existing

school district at the time of the reorganization shall have the right

to select the school district in which he or she shall be considered an

employee, with the same tenure status he or she maintained in the

pre-existing school district. Such selection shall be based on each

teacher's seniority in the pre-existing school district, with the right

of selection passing from such teachers with the most seniority to such

teachers with the least seniority. Any such teacher who is unable to

obtain a teaching position in the new school district because the number

of positions needed is less than the number of teachers eligible to be

considered employees pursuant to this paragraph shall, in such new

school district and in the remaining school district, be placed on a

preferred eligible list of candidates for appointment to a vacancy that

may thereafter occur in a position similar to the one such teacher

filled in the pre-existing school district. Such teachers shall be

appointed to vacancies in such corresponding or similar positions in the

order of their length of service in the pre-existing school district,

within seven years from the date of the reorganization pursuant to this

section. For such teachers, for salary, sick leave or any other purpose,

the length of service credited in the pre-existing school district shall

be credited as employment time with the new school district or the

remaining school district, as applicable.

g. Members of the board of education of the pre-existing school

district who reside in the territory partitioned pursuant to this

section shall vacate their positions on the effective date of the

reorganization, and the vacancies so created shall be filled in the

manner provided by law, provided, however, that if the board of

education of the remaining school district is unable to obtain a quorum

to vote on whether to fill such vacancies by appointment or to call a

special district meeting to fill the vacancies by election within thirty

days after the reorganization, the district superintendent shall be

authorized to fill such vacancies until the next annual meeting and

election of the district. Whenever a school district is reformed

pursuant to this section, the reformed school district shall be the

successor in interest of the former school district and the board of

education of the former school district shall continue as the board of

education of the reformed school district, except that where a central

high school district is reformed as a union free school district the

board of education of the component school district that is coterminous

with the central high school district shall become the board of

education of the reformed school district, and the members of the board

of education of the central high school district shall vacate their

positions on the effective date of the reorganization.

h. Notwithstanding any other provision of law to the contrary, if a

proposal for reorganization pursuant to this section is defeated by the

voters, such proposal may not be resubmitted for a vote until two years

after the original vote.