Rpld Chap 744 of 1973; amd S1, Chap 566 of 1967; amd SS4405 & 4403, Ed L
Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.
STATE OF NEW YORK
________________________________________________________________________
8272--A
2011-2012 Regular Sessions
IN ASSEMBLY
June 9, 2011
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to the closure of certain
special act school districts; to provide for the payment of the debts
and obligations of the West Park union free school district in the
town of Esopus in the county of Ulster; to amend chapter 566 of the
laws of 1967, relating to providing for the apportionment of funds to
certain special school districts, in relation to eliminating refer-
ences to the West Park union free school district; and to repeal chap-
ter 744 of the laws of 1973 relating to establishing and constituting
as a separate union free school district certain territory in the town
of Esopus in the county of Ulster, in relation thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Chapter 744 of the laws of 1973 relating to establishing
2 and constituting as a separate union free school district certain terri-
3 tory in the town of Esopus in the county of Ulster is REPEALED.
4 § 2. Section 1 of chapter 566 of the laws of 1967, relating to provid-
5 ing for the apportionment of funds to certain special school districts,
6 as amended by chapter 478 of the laws of 2006, is amended to read as
7 follows:
8 Section 1. Notwithstanding the provisions of section 3602 and 3602-b
9 of the education law, and in lieu of any apportionments to which such
10 school districts might otherwise be entitled under such sections or
11 under any other provisions of law, the commissioner of education is
12 hereby authorized to include the following school districts in the annu-
13 al apportionment of public moneys and such apportionment shall be
14 computed in accordance with the provisions of sections two, three and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10327-09-2
A. 8272--A 2
1 four of this act: union free school district number twenty-seven of the
2 town of Dryden, Tompkins county; union free school district number eight
3 of the town of Canaan, Columbia county; union free school districts
4 numbers ten, eleven, twelve and thirteen of the town of Greenburgh,
5 Westchester county; union free school districts numbers three and four
6 of the town of Mount Pleasant, Westchester county; union free school
7 district number six, Blythedale, town of Mount Pleasant, Westchester
8 county; and Randolph Children's Home union free school district of the
9 town of Randolph, Cattaraugus county; [West Park union free school
10 district number two, town of Esopus, Ulster county;] common school
11 district number seven of the town of Oyster Bay, Nassau county; the
12 Hopevale union free school district, town of Hamburg, Erie county; and
13 union free school district number three, town of Riverhead, Suffolk
14 county.
15 § 3. Any funds remaining in the possession of the West Park union free
16 school district number two, after all of its debts and obligations have
17 been paid, shall be paid over to each social services district and
18 school district having resident children served by the West Park union
19 free school district number two in the 2010-2011 school year in the same
20 proportion as the number of students placed by each such social services
21 district or school district and served by the West Park union free
22 school district number two in the 2010-2011 school year bears to the
23 total number of students served by the West Park union free school
24 district number two in the 2010-2011 school year. Though the West Park
25 union free school district number two be dissolved, section 1518 of the
26 education law shall be deemed to apply, and it shall continue to exist
27 in law for the purpose of providing for and paying all its just debts;
28 provided that the board of cooperative educational services of the sole
29 supervisory district of the county of Ulster (Ulster BOCES) shall be
30 authorized to act on behalf of the school district pursuant to section
31 four of this act.
32 § 4. Notwithstanding any other provision of law to the contrary,
33 during any period in which there is no duly constituted board of educa-
34 tion of the West Park union free school district number two, Ulster
35 BOCES shall be authorized to take any actions on behalf of the school
36 district that are reasonably necessary to complete the close-down and
37 dissolution of the district that the board of education would have,
38 including but not limited to, the power to enter contracts, pay debts
39 and bill for and receive any reimbursement due and owing for tuition
40 pursuant to article 81 of the education law or any other provision of
41 law for services rendered to students on or before the school district
42 ceased operation on February 28, 2011. Any other reasonable costs
43 incurred for closedown of the school district, as approved by the
44 commissioner of education pursuant to subparagraph (ii) of paragraph j
45 of subdivision 4 of section 4405 of the education law, shall be included
46 in a closedown rate payable by each school district or social services
47 district responsible for tuition for students attending the special act
48 school district in the 2010-2011 school year. Notwithstanding any other
49 provision of law, rule or regulation to the contrary, such closedown
50 rate may be payable in three installments which shall be as equal as
51 practicable, over three consecutive years after the closedown rate is
52 established. In such capacity, such board of cooperative educational
53 services and its officers and employees shall be entitled to defense and
54 indemnification by the state pursuant to section eighteen of the public
55 officers law.
A. 8272--A 3
1 § 5. Notwithstanding any other provision of law, rule or regulation to
2 the contrary, each social services district and school district having
3 resident children served by the West Park union free school district
4 number two in the 2010-2011 school year shall pay the costs of health
5 insurance for all former employees of the West Park union free school
6 district number two, for whom such school district agreed by contract to
7 pay the costs of health insurance in retirement in the same proportion
8 as the number of students placed by each such social services district
9 or school district and served by the West Park union free school
10 district number two in the 2010-2011 school year bears to the total
11 number of students served by the West Park union free school district
12 number two in the 2010-2011 school year. The Ulster BOCES shall adminis-
13 ter the payment and billing for the health insurance premiums to and
14 from civil service and/or the health insurance carriers, the employees,
15 and each social service district and school district that is responsible
16 for such payments to ensure that the former employees' health insurance
17 remains in effect, to the extent required under the employees' contract
18 with the West Park union free school district number two. Such annual
19 amount shall be paid in a manner prescribed by the commissioner.
20 § 6. The records of the West Park union free school district number
21 two, shall be forwarded to the district superintendent of schools of the
22 Ulster BOCES for preservation. Notwithstanding any other provision of
23 law to the contrary, such records shall be deemed to be records of the
24 Ulster BOCES for purposes of the management and disposition of such
25 records and local government records management grants pursuant to
26 section 57.35 of the arts and cultural affairs law.
27 § 7. The territory comprising the West Park union free school district
28 number two, town of Esopus, county of Ulster, shall revert to and become
29 a part of the Kingston city school district in the county of Ulster.
30 § 8. That certain Agency Lease dated August 12, 1998 between Mission-
31 ary Sisters of the Sacred Heart, a New York not-for-profit corporation
32 and West Park union free school district number two is hereby termi-
33 nated.
34 § 9. Subdivision 4 of section 4405 of the education law is amended by
35 adding a new paragraph j to read as follows:
36 j. (i) If the board of education of a special act school district
37 listed in chapter five hundred sixty-six of the laws of nineteen hundred
38 sixty-seven, as amended, seeks to close a special act school district,
39 the board of education of the special act school district shall provide
40 written notice to the commissioner of education with a plan for closure
41 of the school at least ninety days prior to the closing date. Such plan
42 shall include provision for the safe and orderly transfer of each
43 student with a disability who was publicly placed in the program and a
44 detailed and itemized list of estimated expenses necessary to close down
45 the school and a detailed and itemized list of any estimated revenues to
46 be received.
47 (ii) During the close-down period and until all necessary financial
48 obligations of the school district have been met pursuant to this para-
49 graph, the commissioner shall require the board of education of the
50 school district to periodically submit, as required by the commissioner,
51 financial reports and financial statements, detailing any tuition,
52 and/or close-down costs and any revenues generated. In applying the
53 reimbursement methodology to any remaining tuition costs and any other
54 reasonable and appropriate expenses needed to close down the special act
55 school district, the commissioner shall reject any close-down costs that
A. 8272--A 4
1 are unnecessary or unreasonable to close down the school, whether or not
2 the board of education submits a close-down plan.
3 § 10. Section 4403 of the education law is amended by adding a new
4 subdivision 21 to read as follows:
5 21. To require special act school districts to provide, on an annual
6 basis or more frequently, as needed, enrollment reports, including
7 current and projected enrollments, proposed budgets and any financial
8 statements the commissioner deems appropriate, to monitor the fiscal
9 stability of special act school districts.
10 § 11. This act shall take effect immediately.
