A09334 Summary:

BILL NOA09334A
 
SAME ASSAME AS S06490-A
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Rpld Chap 559 of 1972; amd S1, Chap 566 of 1967; amd SS4405 & 4403, Ed L
 
Provides for the dissolution of union free school district number 13 in the town of Greenburgh in Westchester county; and relates to eliminating reference to such union free school district.
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A09334 Actions:

BILL NOA09334A
 
02/16/2012referred to education
06/12/2012amend (t) and recommit to education
06/12/2012print number 9334a
06/19/2012reported referred to ways and means
06/19/2012reported referred to rules
06/19/2012reported
06/19/2012rules report cal.419
06/19/2012ordered to third reading rules cal.419
06/20/2012substituted by s6490a
 S06490 AMEND=A STEWART-COUSINS
 02/15/2012REFERRED TO EDUCATION
 04/18/20121ST REPORT CAL.504
 04/19/20122ND REPORT CAL.
 04/25/2012ADVANCED TO THIRD READING
 06/12/2012AMENDED ON THIRD READING (T) 6490A
 06/18/2012PASSED SENATE
 06/18/2012DELIVERED TO ASSEMBLY
 06/18/2012referred to education
 06/20/2012substituted for a9334a
 06/20/2012ordered to third reading rules cal.419
 06/20/2012passed assembly
 06/20/2012returned to senate
 09/21/2012DELIVERED TO GOVERNOR
 10/03/2012VETOED MEMO.167
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A09334 Floor Votes:

There are no votes for this bill in this legislative session.
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A09334 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9334--A
 
                   IN ASSEMBLY
 
                                    February 16, 2012
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee  on  Education  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend chapter 566 of the laws of 1967, relating  to  providing
          for   the  apportionment  of  funds  to  certain  special  act  school

          districts, in relation to eliminating reference  to  such  union  free
          school  district number 13; to amend the education law, in relation to
          special act school districts and to repeal chapter 559 of the laws  of
          1972, relating to establishing union free school district number 13 in
          the  town  of Greenburgh in the county of Westchester, relating to the
          dissolution of such union free school district
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Chapter 559 of the laws of 1972, relating to establishing
     2  union free school district number 13 in the town of  Greenburgh  in  the
     3  county of Westchester, is REPEALED.
     4    §  2.   Any funds remaining in the possession of the union free school
     5  district number 13, town of Greenburgh, county of Westchester, after all

     6  of its debts and obligations have been paid, shall be paid over to  each
     7  social  services  district  and school district having resident children
     8  served by the union free school district number thirteen, town of Green-
     9  burgh in the county of Westchester, in the 2010-2011 school year in  the
    10  same  proportion  as  the  number of students placed by each such social
    11  services district or school district and served by the union free school
    12  district number thirteen, town of Greenburgh in the county of  Westches-
    13  ter,  in the 2010-2011 school year bears to the total number of students
    14  served by the union free school district number thirteen, town of Green-
    15  burgh in the county  of  Westchester,  in  the  2010-2011  school  year.
    16  Though  such  union free school district number 13 be dissolved, section
    17  1518 of the education law shall be deemed to apply, and it shall contin-

    18  ue to exist in law for the purpose of providing for and paying  all  its
    19  just  debts; provided that the board of cooperative educational services
    20  of the sole supervisory district of the county of Westchester  (Southern
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14634-04-2

        A. 9334--A                          2
 
     1  Westchester  BOCES)  shall  be authorized to act on behalf of the school
     2  district pursuant to section three of this act.
     3    §  3.  Notwithstanding  any  other  provision  of law to the contrary,
     4  during any period in which there is no duly constituted board of  educa-
     5  tion of union free school district number 13, town of Greenburgh, county

     6  of  Westchester,  Southern Westchester BOCES shall be authorized to take
     7  any actions on behalf of the school district that are reasonably  neces-
     8  sary to complete the close-down and dissolution of the district that the
     9  board  of  education would have, including but not limited to, the power
    10  to enter contracts, pay debts and bill for and receive any reimbursement
    11  due and owing for tuition pursuant to article 81 of the education law or
    12  any other provision of law for  services  rendered  to  students  on  or
    13  before  the  school district ceased operation on July 1, 2011. Any other
    14  reasonable costs incurred for  closedown  of  the  school  district,  as
    15  approved  by the commissioner of education pursuant to subparagraph (ii)
    16  of paragraph j of subdivision 4 of section 4405 of  the  education  law,
    17  shall be included in a closedown rate payable by each school district or

    18  social  services district responsible for tuition for students attending
    19  the special act school district in the 2010-2011 school year.   Notwith-
    20  standing any other provision of law, rule or regulation to the contrary,
    21  such  closedown rate may be payable in three installments which shall be
    22  as equal as practicable, over three consecutive years after  the  close-
    23  down  rate  is  established. In such capacity, such board of cooperative
    24  educational services and its officers and employees shall be entitled to
    25  defense and indemnification by the state pursuant to section 18  of  the
    26  public officers law.
    27    §  4.  The  records  of  union free school district number 13, town of
    28  Greenburgh, county of Westchester, shall be forwarded  to  the  district
    29  superintendent  of schools of the Southern Westchester BOCES for preser-

    30  vation. Notwithstanding any other provision of law to the contrary, such
    31  records shall be deemed to be records of the Southern Westchester  BOCES
    32  for purposes of the management and disposition of such records and local
    33  government  records  management  grants pursuant to section 57.35 of the
    34  arts and cultural affairs law.
    35    § 5. Notwithstanding any other provision of law, rule or regulation to
    36  the contrary, each social services district and school  district  having
    37  resident  children  served  by the union free school district number 13,
    38  town of Greenburgh, county of Westchester, in the 2010-2011 school  year
    39  shall  pay  the  costs  of  health insurance for all former employees of
    40  union free school district number 13,  town  of  Greenburgh,  county  of
    41  Westchester  for whom such school district agreed by contract to pay the

    42  costs of health insurance in retirement in the same  proportion  as  the
    43  number  of  students  placed  by  each  such social services district or
    44  school district and served by union free school district number 13, town
    45  of Greenburgh, county of Westchester, in the 2010-2011 school year bears
    46  to the total number of students served by the union free school district
    47  number 13, town of Greenburgh in  the  county  of  Westchester,  in  the
    48  2010-2011  school  year. The Southern Westchester BOCES shall administer
    49  the payment and billing for the health insurance premiums  to  and  from
    50  civil  service  and/or the health insurance carriers, the employees, and
    51  each social services district and school district  that  is  responsible
    52  for  such payments to ensure that the former employees' health insurance
    53  remains in effect, to the extent required under the employees'  contract

    54  with the union free school district number 13, town of Greenburgh, coun-
    55  ty  of  Westchester.  Such  annual  amount  shall  be  paid  in a manner
    56  prescribed by the commissioner.

        A. 9334--A                          3
 
     1    § 6. The territory comprising the union free  school  district  number
     2  13,  town  of  Greenburgh,  county  of  Westchester, shall revert to and
     3  become part of the Irvington union free school district in the county of
     4  Westchester.
     5    § 7. Section 1 of chapter 566 of the laws of 1967, relating to provid-
     6  ing  for the apportionment of funds to certain special school districts,
     7  as amended by chapter 478 of the laws of 2006, is  amended  to  read  as
     8  follows:
     9    Section  1.  Notwithstanding the provisions of section 3602 and 3602-b
    10  of the education law, and in lieu of any apportionments  to  which  such

    11  school  districts  might  otherwise  be  entitled under such sections or
    12  under any other provisions of law,  the  commissioner  of  education  is
    13  hereby authorized to include the following school districts in the annu-
    14  al  apportionment  of  public  moneys  and  such  apportionment shall be
    15  computed in accordance with the provisions of sections  two,  three  and
    16  four  of this act: union free school district number twenty-seven of the
    17  town of Dryden, Tompkins county; union free school district number eight
    18  of the town of Canaan, Columbia  county;  union  free  school  districts
    19  numbers  ten,  eleven[,] and twelve [and thirteen] of the town of Green-
    20  burgh, Westchester county; union free school districts numbers three and
    21  four of the town of  Mount  Pleasant,  Westchester  county;  union  free

    22  school  district  number  six, Blythedale, town of Mount Pleasant, West-
    23  chester county; and Randolph Children's Home union free school  district
    24  of the town of Randolph, Cattaraugus county; West Park union free school
    25  district  number  two,  town  of  Esopus,  Ulster  county; common school
    26  district number seven of the town of  Oyster  Bay,  Nassau  county;  the
    27  Hopevale  union  free school district, town of Hamburg, Erie county; and
    28  union free school district number  three,  town  of  Riverhead,  Suffolk
    29  county.
    30    §  8. Subdivision 4 of section 4405 of the education law is amended by
    31  adding a new paragraph j to read as follows:
    32    j. (i) If the board of education of  a  special  act  school  district
    33  listed in chapter five hundred sixty-six of the laws of nineteen hundred

    34  sixty-seven,  as  amended, seeks to close a special act school district,
    35  the board of education of the special act school district shall  provide
    36  written  notice to the commissioner of education with a plan for closure
    37  of the school at least ninety days prior to the closing date. Such  plan
    38  shall  include  provision  for  the  safe  and  orderly transfer of each
    39  student with a disability who was publicly placed in the program  and  a
    40  detailed and itemized list of estimated expenses necessary to close down
    41  the school and a detailed and itemized list of any estimated revenues to
    42  be received.
    43    (ii)  During  the  close-down period and until all necessary financial
    44  obligations of the school district have been met pursuant to this  para-

    45  graph,  the  commissioner  shall  require  the board of education of the
    46  school district to periodically submit, as required by the commissioner,
    47  financial reports  and  financial  statements,  detailing  any  tuition,
    48  and/or  close-down  costs  and  any  revenues generated. In applying the
    49  reimbursement methodology to any remaining tuition costs and  any  other
    50  reasonable and appropriate expenses needed to close-down the special act
    51  school district, the commissioner shall reject any close-down costs that
    52  are unnecessary or unreasonable to close-down the school, whether or not
    53  the board of education submits a close-down plan.
    54    §  9.  Section  4403  of  the education law is amended by adding a new
    55  subdivision 21 to read as follows:


        A. 9334--A                          4
 
     1    21. To require special act school districts  listed  in  chapter  five
     2  hundred  sixty-six  of  the  laws  of  nineteen  hundred sixty-seven, as
     3  amended, to provide, on an annual basis or more frequently,  as  needed,
     4  enrollment   reports,   including  current  and  projected  enrollments,
     5  proposed  budgets  and  any  financial statements the commissioner deems
     6  appropriate, to monitor the  fiscal  stability  of  special  act  school
     7  districts.
     8    § 10. This act shall take effect immediately.
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