New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

S05423 Summary:

S05423 Actions:

S05423 Floor Votes:

S05423 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5423--B
            Cal. No. 1223
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      May 19, 2011
                                       ___________
 
        Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Education in

          accordance with Senate Rule 6, sec. 8 -- committee discharged and said
          bill committed to the Committee on Rules -- ordered to a  third  read-
          ing,  amended  and ordered reprinted, retaining its place in the order
          of third reading
 
        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     3  tory in the town of Esopus in the county of Ulster is REPEALED.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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10327-10-2
        S. 5423--B                          2
 
     1  hereby authorized to include the following school districts in the annu-
     2  al apportionment of  public  moneys  and  such  apportionment  shall  be
     3  computed  in  accordance  with the provisions of sections two, three and
     4  four  of this act: union free school district number twenty-seven of the
     5  town of Dryden, Tompkins county; union free school district number eight
     6  of the town of Canaan, Columbia  county;  union  free  school  districts

     7  numbers  ten,  eleven,  twelve  and  thirteen of the town of Greenburgh,
     8  Westchester county; union free school districts numbers three  and  four
     9  of  the  town  of  Mount Pleasant, Westchester county; union free school
    10  district number six, Blythedale, town  of  Mount  Pleasant,  Westchester
    11  county;  and  Randolph Children's Home union free school district of the
    12  town of Randolph, Cattaraugus  county;  [West  Park  union  free  school
    13  district  number  two,  town  of  Esopus,  Ulster county;] common school
    14  district number seven of the town of  Oyster  Bay,  Nassau  county;  the
    15  Hopevale  union  free school district, town of Hamburg, Erie county; and
    16  union free school district number  three,  town  of  Riverhead,  Suffolk
    17  county.
    18    § 3. Any funds remaining in the possession of the West Park union free

    19  school  district number two, after all of its debts and obligations have
    20  been paid, shall be paid over  to  each  social  services  district  and
    21  school  district  having resident children served by the West Park union
    22  free school district number two in the 2010-2011 school year in the same
    23  proportion as the number of students placed by each such social services
    24  district or school district and served  by  the  West  Park  union  free
    25  school  district  number  two  in the 2010-2011 school year bears to the
    26  total number of students served by  the  West  Park  union  free  school
    27  district  number  two in the 2010-2011 school year. Though the West Park
    28  union free school district number two be dissolved, section 1518 of  the
    29  education  law  shall be deemed to apply, and it shall continue to exist
    30  in law for the purpose of providing for and paying all its  just  debts;

    31  provided  that the board of cooperative educational services of the sole
    32  supervisory district of the county of Ulster  (Ulster  BOCES)  shall  be
    33  authorized  to  act on behalf of the school district pursuant to section
    34  four of this act.
    35    § 4. Notwithstanding any other  provision  of  law  to  the  contrary,
    36  during  any period in which there is no duly constituted board of educa-
    37  tion of the West Park union free  school  district  number  two,  Ulster
    38  BOCES  shall  be  authorized to take any actions on behalf of the school
    39  district that are reasonably necessary to complete  the  close-down  and
    40  dissolution  of  the  district  that  the board of education would have,
    41  including but not limited to, the power to enter  contracts,  pay  debts
    42  and  bill  for  and  receive any reimbursement due and owing for tuition

    43  pursuant to article 81 of the education law or any  other  provision  of
    44  law  for  services rendered to students on or before the school district
    45  ceased operation on  February  28,  2011.  Any  other  reasonable  costs
    46  incurred  for  closedown  of  the  school  district,  as approved by the
    47  commissioner of education pursuant to subparagraph (ii) of  paragraph  j
    48  of subdivision 4 of section 4405 of the education law, shall be included
    49  in  a  closedown rate payable by each school district or social services
    50  district responsible for tuition for students attending the special  act
    51  school  district in the 2010-2011 school year. Notwithstanding any other
    52  provision of law, rule or regulation to  the  contrary,  such  closedown
    53  rate  may  be  payable  in three installments which shall be as equal as
    54  practicable, over three consecutive years after the  closedown  rate  is

    55  established.  In  such  capacity,  such board of cooperative educational
    56  services and its officers and employees shall be entitled to defense and
        S. 5423--B                          3
 
     1  indemnification by the state pursuant to section eighteen of the  public
     2  officers law.
     3    § 5. Notwithstanding any other provision of law, rule or regulation to
     4  the  contrary,  each social services district and school district having
     5  resident children served by the West Park  union  free  school  district
     6  number  two  in  the 2010-2011 school year shall pay the costs of health
     7  insurance for all former employees of the West Park  union  free  school
     8  district number two, for whom such school district agreed by contract to
     9  pay  the  costs of health insurance in retirement in the same proportion

    10  as the number of students placed by each such social  services  district
    11  or  school  district  and  served  by  the  West  Park union free school
    12  district number two in the 2010-2011 school  year  bears  to  the  total
    13  number  of  students  served by the West Park union free school district
    14  number two in the 2010-2011 school year. The Ulster BOCES shall adminis-
    15  ter the payment and billing for the health  insurance  premiums  to  and
    16  from  civil service and/or the health insurance carriers, the employees,
    17  and each social service district and school district that is responsible
    18  for such payments to ensure that the former employees' health  insurance
    19  remains  in effect, to the extent required under the employees' contract
    20  with the West Park union free school district number  two.  Such  annual
    21  amount shall be paid in a manner prescribed by the commissioner.

    22    §  6.  The  records of the West Park union free school district number
    23  two, shall be forwarded to the district superintendent of schools of the
    24  Ulster BOCES for preservation. Notwithstanding any  other  provision  of
    25  law  to  the contrary, such records shall be deemed to be records of the
    26  Ulster BOCES for purposes of the  management  and  disposition  of  such
    27  records  and  local  government  records  management  grants pursuant to
    28  section 57.35 of the arts and cultural affairs law.
    29    § 7. The territory comprising the West Park union free school district
    30  number two, town of Esopus, county of Ulster, shall revert to and become
    31  a part of the Kingston city school district in the county of Ulster.
    32    § 8. That certain Agency Lease dated August 12, 1998 between  Mission-
    33  ary  Sisters  of the Sacred Heart, a New York not-for-profit corporation

    34  and West Park union free school district number  two  is  hereby  termi-
    35  nated.
    36    §  9. Subdivision 4 of section 4405 of the education law is amended by
    37  adding a new paragraph j to read as follows:
    38    j. (i) If the board of education of  a  special  act  school  district
    39  listed in chapter five hundred sixty-six of the laws of nineteen hundred
    40  sixty-seven,  as  amended, seeks to close a special act school district,
    41  the board of education of the special act school district shall  provide
    42  written  notice to the commissioner of education with a plan for closure
    43  of the school at least ninety days prior to the closing date. Such  plan
    44  shall  include  provision  for  the  safe  and  orderly transfer of each
    45  student with a disability who was publicly placed in the program  and  a

    46  detailed and itemized list of estimated expenses necessary to close down
    47  the school and a detailed and itemized list of any estimated revenues to
    48  be received.
    49    (ii)  During  the  close-down period and until all necessary financial
    50  obligations of the school district have been met pursuant to this  para-
    51  graph,  the  commissioner  shall  require  the board of education of the
    52  school district to periodically submit, as required by the commissioner,
    53  financial reports  and  financial  statements,  detailing  any  tuition,
    54  and/or  close-down  costs  and  any  revenues generated. In applying the
    55  reimbursement methodology to any remaining tuition costs and  any  other
    56  reasonable and appropriate expenses needed to close down the special act

        S. 5423--B                          4
 
     1  school district, the commissioner shall reject any close-down costs that
     2  are unnecessary or unreasonable to close down the school, whether or not
     3  the board of education submits a close-down plan.
     4    §  10.  Section  4403  of the education law is amended by adding a new
     5  subdivision 21 to read as follows:
     6     21. To require special act school districts to provide, on an  annual
     7  basis  or  more  frequently,  as  needed,  enrollment reports, including
     8  current and projected enrollments, proposed budgets  and  any  financial
     9  statements  the  commissioner  deems  appropriate, to monitor the fiscal
    10  stability of special act school districts.
    11    § 11. This act shall take effect immediately.