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S06490 Summary:

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S06490 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6490--A
            Cal. No. 504
 
                    IN SENATE
 
                                    February 15, 2012
                                       ___________
 
        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Education  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 

        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     3  county of Westchester, is REPEALED.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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14634-05-2
        S. 6490--A                          2
 
     1  of  the sole supervisory district of the county of Westchester (Southern
     2  Westchester BOCES) shall be authorized to act on behalf  of  the  school
     3  district pursuant to section three of this act.
     4    §  3.  Notwithstanding  any  other  provision  of law to the contrary,

     5  during any period in which there is no duly constituted board of  educa-
     6  tion of union free school district number 13, town of Greenburgh, county
     7  of  Westchester,  Southern Westchester BOCES shall be authorized to take
     8  any actions on behalf of the school district that are reasonably  neces-
     9  sary to complete the close-down and dissolution of the district that the
    10  board  of  education would have, including but not limited to, the power
    11  to enter contracts, pay debts and bill for and receive any reimbursement
    12  due and owing for tuition pursuant to article 81 of the education law or
    13  any other provision of law for  services  rendered  to  students  on  or
    14  before  the  school district ceased operation on July 1, 2011. Any other
    15  reasonable costs incurred for  closedown  of  the  school  district,  as
    16  approved  by the commissioner of education pursuant to subparagraph (ii)

    17  of paragraph j of subdivision 4 of section 4405 of  the  education  law,
    18  shall be included in a closedown rate payable by each school district or
    19  social  services district responsible for tuition for students attending
    20  the special act school district in the 2010-2011 school year.   Notwith-
    21  standing any other provision of law, rule or regulation to the contrary,
    22  such  closedown rate may be payable in three installments which shall be
    23  as equal as practicable, over three consecutive years after  the  close-
    24  down  rate  is  established. In such capacity, such board of cooperative
    25  educational services and its officers and employees shall be entitled to
    26  defense and indemnification by the state pursuant to section 18  of  the
    27  public officers law.
    28    §  4.  The  records  of  union free school district number 13, town of

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

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

    53  for  such payments to ensure that the former employees' health insurance
    54  remains in effect, to the extent required under the employees'  contract
    55  with the union free school district number 13, town of Greenburgh, coun-
        S. 6490--A                          3
 
     1  ty  of  Westchester.  Such  annual  amount  shall  be  paid  in a manner
     2  prescribed by the commissioner.
     3    §  6.  The  territory comprising the union free school district number
     4  13, town of Greenburgh, county  of  Westchester,  shall  revert  to  and
     5  become part of the Irvington union free school district in the county of
     6  Westchester.
     7    § 7. Section 1 of chapter 566 of the laws of 1967, relating to provid-
     8  ing  for the apportionment of funds to certain special school districts,
     9  as amended by chapter 478 of the laws of 2006, is  amended  to  read  as
    10  follows:

    11    Section  1.  Notwithstanding the provisions of section 3602 and 3602-b
    12  of the education law, and in lieu of any apportionments  to  which  such
    13  school  districts  might  otherwise  be  entitled under such sections or
    14  under any other provisions of law,  the  commissioner  of  education  is
    15  hereby authorized to include the following school districts in the annu-
    16  al  apportionment  of  public  moneys  and  such  apportionment shall be
    17  computed in accordance with the provisions of sections  two,  three  and
    18  four  of this act: union free school district number twenty-seven of the
    19  town of Dryden, Tompkins county; union free school district number eight
    20  of the town of Canaan, Columbia  county;  union  free  school  districts
    21  numbers  ten,  eleven[,] and twelve [and thirteen] of the town of Green-

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

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

    46  obligations of the school district have been met pursuant to this  para-
    47  graph,  the  commissioner  shall  require  the board of education of the
    48  school district to periodically submit, as required by the commissioner,
    49  financial reports  and  financial  statements,  detailing  any  tuition,
    50  and/or  close-down  costs  and  any  revenues generated. In applying the
    51  reimbursement methodology to any remaining tuition costs and  any  other
    52  reasonable and appropriate expenses needed to close-down the special act
    53  school district, the commissioner shall reject any close-down costs that
    54  are unnecessary or unreasonable to close-down the school, whether or not
    55  the board of education submits a close-down plan.

        S. 6490--A                          4
 
     1    §  9.  Section  4403  of  the education law is amended by adding a new
     2  subdivision 21 to read as follows:
     3    21.  To  require  special  act school districts listed in chapter five
     4  hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
     5  amended,  to  provide, on an annual basis or more frequently, as needed,
     6  enrollment  reports,  including  current  and   projected   enrollments,
     7  proposed  budgets  and  any  financial statements the commissioner deems
     8  appropriate, to monitor the  fiscal  stability  of  special  act  school
     9  districts.
    10    § 10. This act shall take effect immediately.