N.Y. Education Law § 314: State plan for school district reorganization 1

§ 314. State plan for school district reorganization 1. The

commissioner of education is hereby authorized to continue the

investigations, study and review carried on by the joint legislative

committee on the state education system in order to bring up to date the

state plan for school district reorganization (legislative document

number twenty-five of nineteen hundred forty-seven, formerly referred to

as the Master Plan for School District Reorganization in New York

State); to make such studies and surveys as are necessary to review

periodically and maintain such plan currently; to hold hearings in

relation to affected areas for the purpose of eliciting the expression

of opinion, cooperation and assistance of the inhabitants of such areas;

and to make recommendations for school district reorganization so as to

assure the most efficient and economical provision of education

facilities for such areas and in the best educational interests of the

children in the area. Such recommendations shall be principally directed

toward the reorganization of areas in and around the city school

districts of cities having less than one hundred twenty-five thousand

inhabitants, the reorganization of the remaining common and union free

school districts not included in such urban and suburban areas and the

reorganization of the smaller central school districts.

2. At any such time as the commissioner shall determine that an area

or areas should be reorganized to assure and provide the best, most

efficient and most economical educational facilities for such area or

areas and that the best educational interests of the children in the

area will be served by such reorganization, the commissioner shall

formally announce or reaffirm such plan of reorganization stating his

reason therefor by orders made by him and entered in his office. Such

order shall identify the affected school districts and shall designate

all school districts by name, number or such other description as the

commissioner shall deem proper. The commissioner shall forward a copy of

such order to the clerk or in the event there is no clerk, the trustee

or trustees of such school district located in the affected area or

areas.

3. (a) Any school district scheduled for reorganization, and not

reorganized, desiring a change in the established plan of reorganization

as promulgated pursuant to subdivision two hereof, may petition to the

commissioner for a formal public hearing stating the changes desired

with the supporting papers, data and information. Such petition shall be

filed with the commissioner by the board of education of a city school

district or by the trustee or board of trustees or board of education in

other types of school districts upon the motion of a majority of the

voters of such school district, present and voting at an annual or

special school district meeting or election adopting a resolution

directing the school board or trustees to file such petition.

(b) The commissioner within thirty days after receipt of such a

petition for a formal public hearing shall designate by written notice

the place of such hearing and fix a date therefor not less than thirty

nor more than sixty days from the date of such notice. Such notice shall

include (1) the time and place of the formal public hearing, (2) set

forth the petitioner's proposed change or changes, (3) the established

plan of reorganization.

(c) Upon receipt of such notice of such hearing from the commissioner,

the petitioning district shall publish a copy of such notice in one

newspaper having a general circulation in such district, such

publication to be at least twenty days before such hearing, but if there

be no such newspaper, a copy of said notice shall be posted in at least

twenty public places in said district twenty days before such hearing.

(d) Hearing. The formal public hearing shall be held at the time and

place specified in such notice or amended or republished notice. Such

hearing may be had before the commissioner or a person designated by him

as a hearing officer. The commissioner or such person so designated

shall hear the petitioning school district, the department and all

districts and parties appearing, each of whom may present testimony

under oath, supporting exhibits, departmental records and all data,

maps, sketches and argument, concerning the petition. The petitioner

shall have the burden of showing that the proposed change or changes to

the existing state plan assures and provides equally efficient and

economical educational facilities to such area or other areas affected

and that the educational interests of the school children in the area

will be at least equally served by such proposed change or changes, and

that such change or changes will create school districts in the area or

areas affected which by reason of actual or reasonably to be expected

growth, will be of adequate size, and financial resources to provide

equally efficient and economical educational facilities to such area or

areas to serve the educational interests of the children resident

therein in all grades from kindergarten through the twelfth year.

(e) Within sixty days after such hearing is concluded and all papers

in relation thereto are submitted, the commissioner shall render a

preliminary finding recommending whether a change is warranted, setting

forth his findings and conclusions which shall be based exclusively on

the evidence presented at the hearing. The commissioner shall recommend

the amendment or confirmation of the state plan in accordance with his

preliminary finding by a report made by him and entered in his office.

The commissioner shall serve a copy of such preliminary finding upon the

clerk or in the event that there is no clerk, the trustee or trustees of

the school districts located in the affected area or areas. In the event

that such districts do not agree with such preliminary findings, the

school districts affected by the terms of such preliminary finding may

within thirty days apply to the chancellor of the board of regents for

the appointment of a committee of the regents to review the proposed

amendment or confirmation of the state plan. In the event that an

application to the chancellor is not made within thirty days for the

appointment of a committee of the regents, the preliminary finding shall

become an order without further action of the commissioner.

(f) Upon receipt of such application, the chancellor shall appoint a

committee of three members of the regents, one of whom shall be a regent

whose judicial district includes all or part of the areas affected. The

committee of regents shall review the proposed amendment or confirmation

of the state plan. In the event the committee is unable to resolve the

differences between the commissioner and such school districts, it shall

within sixty days from the date of the appointment of such committee,

make an order reversing, affirming, or modifying, wholly or in part,

such preliminary finding of the commissioner and amending or confirming

the state plan setting forth the committee's findings and conclusions

which shall be based exclusively on the evidence presented at the

commissioner's hearing and any additional evidence presented at the

committee's review. The committee shall have the discretion to permit

additional evidence to be presented by any party. The commissioner shall

serve a copy of such order upon the clerk or in the event there is no

clerk, the trustee or trustees of the school districts located in the

affected area or areas.

(g) Such order of the committee of the regents shall be binding and

final and subject to review pursuant to article seventy-eight of the

civil practice law and rules. The scope of review shall include the

question whether the determination is on the entire record supported by

substantial evidence.

(h) The commissioner shall establish and promulgate rules of practice

and procedures in connection with such hearings, shall provide for the

attendance of the hearing officer, regulate the course of the hearing,

fix the time for filing of briefs and other documents, provide a hearing

stenographer and for the making of a record as well as the making of a

full transcript of all proceedings at the hearing and shall at the

request of any party, school district or interested person have prepared

and furnish a copy of the transcript or any part thereof upon payment of

the costs therefor.

(i) School districts designated in the established plan by an order of

the committee of the regents shall be made parties by the petitioning

district. Districts which may be affected by the proposed change may

join or be joined in such proceeding by the commissioner or any party.

4. Whenever a school district scheduled for reorganization fails to

institute such proceeding hereunder within two years subsequent to the

filing of an established plan of reorganization by the commissioner

pursuant to paragraph two herein, the state plan of reorganization in

existence at that time shall be final and binding upon all districts

affected thereby. After such two year period, such district may petition

the commissioner for a change in such final and binding plan upon an

additional showing that material changes have occurred since such two

year period. No proceeding shall again be brought until two years have

elapsed since a final determination hereunder.

5. Nothing herein contained shall delay, or interfere with, the

exercise of the powers of the commissioner of education vested in him by

articles thirty-seven or forty or sections fifteen hundred twenty-four,

fifteen hundred twenty-five or fifteen hundred twenty-six of the

education law.

6. Whenever any school district scheduled for reorganization pursuant

to the state plan of reorganization as herein established has not

consolidated or reorganized in accordance therewith within two years

after the entry of an order pursuant to subdivision two herein

establishing such final plan of reorganization for the affected district

or districts, or has failed within such time after receipt of such

notice to institute a proceeding for a change in accordance with this

section, or is unable to show that such district has adopted a

resolution or resolutions in accordance with sections eighteen hundred

one through eighteen hundred three, fifteen hundred ten through fifteen

hundred thirteen, fifteen hundred twenty-two and fifteen hundred

twenty-three, fifteen hundred twenty-four or fifteen hundred twenty-six

of this chapter in favor of such reorganization or that in the case of

an order of dissolution and annexation, such district has not asked for

a referendum pursuant to subdivision two of section eighteen hundred

two, and is being prevented from reorganizing by the action of another

district which is part of the same plan of reorganization, commencing

with the school year following the school year in which the two-year

period expired, such school district shall not be eligible to receive

any building aid exceeding the building aid which such district would be

entitled to receive in accordance with the applicable provisions of the

education law in existence on July first, nineteen hundred sixty-five

until such reorganization shall take place, except for such additional

amounts as may be computed as due on debt service already incurred;

provided, however, that nothing contained in this subdivision shall

prevent the apportionment of building aid for construction,

reconstruction, alterations of or additions to school building

facilities for the use of grades kindergarten through eight, provided

the commissioner shall find that (1) existing facilities are obsolete or

inadequate and (2) that the construction for which aid is sought would

be capable of substantial educational use by the reorganized district in

the event that the reorganization under the existing plan for

reorganization is effected.