Bill Text: NY S00327 | 2015-2016 | General Assembly | Introduced
Bill Title: Authorizes the alteration of two or more school district boundaries by consent; provides that such alteration may be initiated by a petition in writing filed with the trustee, trustees or board of education of each school district; requires a joint feasibility study and joint public hearing on such alteration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-03-29 - referred to education [S00327 Detail]
Download: New_York-2015-S00327-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 327 A. 153
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Education
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to the alteration of
school district boundaries; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 1527-d
2 to read as follows:
3 S 1527-D. PROCEDURE FOR ALTERATION OF SCHOOL DISTRICT BOUNDARIES. 1.
4 THE BOUNDARIES OF TWO OR MORE COMMON, UNION FREE, OR CENTRAL SCHOOL
5 DISTRICTS THAT ARE CONTIGUOUS AND WHOLLY CONTAINED WITHIN THE EASTERN
6 SUFFOLK BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT
7 MAY BE ALTERED AS PROVIDED BY THIS SECTION.
8 2. A PROPOSITION FOR THE ALTERATION IN THE BOUNDARIES OF EXISTING
9 CONTIGUOUS SCHOOL DISTRICTS MAY BE INITIATED BY:
10 (A) A PETITION IN WRITING FILED WITH THE TRUSTEE, TRUSTEES OR BOARD OF
11 EDUCATION OF EACH DISTRICT THAT WOULD BE IMPACTED BY THE PROPOSED ALTER-
12 ATION IN BOUNDARIES PROVIDED THAT SUCH PETITION IS SIGNED BY AT LEAST
13 TWENTY-FIVE QUALIFIED VOTERS IN EACH SCHOOL DISTRICT OR FIVE PERCENT OF
14 THE NUMBER OF VOTERS WHO VOTED IN EACH SCHOOL DISTRICT IN THE PREVIOUS
15 ANNUAL ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION OR TRUSTEES,
16 SAID NUMBER TO BE DETERMINED BY THE NUMBER OF PERSONS RECORDED ON THE
17 POLL LIST AS HAVING VOTED AT SUCH ELECTION, WHICHEVER SHALL BE GREATER;
18 (B) A JOINT RESOLUTION BY A MAJORITY OF THE TRUSTEES OR MEMBERS OF THE
19 BOARD OF EDUCATION OF EACH OF THE DISTRICTS AFFECTED BY A PROPOSED
20 TRANSFER OF TERRITORY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00065-01-5
S. 327 2 A. 153
1 3. THE PETITION OR JOINT RESOLUTION SHALL STATE THE NAME OF EACH
2 DISTRICT AFFECTED, DESCRIBE THE BOUNDARIES OF THE TERRITORY PROPOSED TO
3 BE TRANSFERRED, STATE THE REASONS FOR DESIRING THE CHANGE, AND THE
4 NUMBER OF CHILDREN OF SCHOOL AGE, IF ANY, RESIDING IN THE TERRITORY
5 PROPOSED TO BE TRANSFERRED.
6 4. UPON RECEIPT OF A CITIZEN-INITIATED PETITION, OR UPON THE ADOPTION
7 OF JOINT RESOLUTION, THE TRUSTEES OR MEMBERS OF THE BOARD OF EDUCATION
8 OF EACH IMPACTED SCHOOL DISTRICT SHALL UNDERTAKE A JOINT FEASIBILITY
9 STUDY ON THE PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDA-
10 RIES. SUCH FEASIBILITY STUDY SHALL BE COMPLETED WITHIN ONE HUNDRED
11 TWENTY DAYS OF RECEIPT OF THE CITIZEN-INITIATED PETITION OR JOINT RESOL-
12 UTION AND SHALL CONTAIN THE FOLLOWING INFORMATION:
13 (A) CURRENT AND PROJECTED ENROLLMENTS;
14 (B) CURRENT AND PROJECTED PROFESSIONAL STAFFING PLAN;
15 (C) CURRENT AND PROJECTED HOUSING PLANS;
16 (D) A PLAN FOR EDUCATION PROGRAMS AND CURRICULA IN THE DISTRICT THAT
17 WILL GAIN THE TERRITORY PROPOSED TO BE TRANSFERRED INCLUDING STUDENT
18 EDUCATIONAL OPPORTUNITIES AS MEASURED BY THE PERCENTAGE OF STUDENTS
19 PERFORMING AT EACH LEVEL OF THE STATEWIDE MANDATED ASSESSMENTS AND DATA
20 REGARDING STUDENT ATTENDANCE, GRADUATION, AND DROPOUT RATES;
21 (E) FISCAL IMPLICATIONS OF THE REORGANIZATION, INCLUDING CHANGES IN
22 STATE AID, EXPENDITURES AND LOCAL TAX EFFORT INCLUDING ALL FUNDING
23 SOURCES OF THE AFFECTED DISTRICTS, EQUALIZATION AMONG SCHOOL DISTRICTS
24 OF THE TAX BURDEN, IMPROVEMENT IN THE ECONOMIES IN THE ADMINISTRATION
25 AND OPERATION OF SCHOOLS, AND THE EXTENT THE PROPOSED CHANGE WOULD
26 POTENTIALLY REDUCE OR INCREASE THE INDIVIDUAL AND AGGREGATE TRANSPORTA-
27 TION COSTS OF THE AFFECTED SCHOOL DISTRICTS;
28 (F) WHETHER OR NOT GEOGRAPHIC ACCESSIBILITY WARRANTS A FAVORABLE
29 CONSIDERATION OF A RECOMMENDED ALTERATION IN SCHOOL DISTRICT BOUNDARIES,
30 INCLUDING REMOTENESS OR ISOLATION OF PLACES OF RESIDENCE AND TIME
31 REQUIRED TO TRAVEL TO AND FROM SCHOOL;
32 (G) THE SAFETY AND WELFARE OF PUPILS. FOR THE PURPOSES OF THIS
33 SECTION, "SAFETY" MEANS FREEDOM OR PROTECTION FROM DANGER, INJURY, OR
34 DAMAGE AND "WELFARE" MEANS A POSITIVE CONDITION OR INFLUENCE REGARDING
35 HEALTH, CHARACTER, AND WELL-BEING;
36 (H) THE HISTORY AND RELATIONSHIP OF THE PROPERTY AFFECTED TO THE
37 STUDENTS AND COMMUNITIES AFFECTED; AND
38 (I) OTHER FACTORS DEEMED RELEVANT BY THE TRUSTEES OR MEMBERS OF THE
39 BOARD OF EDUCATION TO THE PROPOSED ALTERATION OF SCHOOL DISTRICT BOUNDA-
40 RIES.
41 THE JOINT FEASIBILITY STUDY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON
42 REQUEST ONCE IT IS COMPLETED. IN THE EVENT THAT MORE THAN ONE PROPOSI-
43 TION FOR THE ALTERATION IN THE BOUNDARIES OF EXISTING CONTIGUOUS SCHOOL
44 DISTRICTS IS INITIATED DURING A FIVE YEAR PERIOD, COMMENCING WITH THE
45 FIRST PROPOSITION, PERTAINING TO THE SAME OR SUBSTANTIALLY THE SAME
46 TERRITORY TO BE TRANSFERRED TO THE SAME SCHOOL DISTRICT, THE TRUSTEES OR
47 MEMBERS OF THE BOARD OF EDUCATION OF EACH IMPACTED SCHOOL DISTRICT SHALL
48 BE AUTHORIZED TO EITHER UTILIZE OR AMEND AN EXISTING JOINT FEASIBILITY
49 STUDY IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
50 5. WITHIN THIRTY DAYS AFTER COMPLETING THE JOINT FEASIBILITY STUDY ON
51 THE PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDARIES PURSU-
52 ANT TO SUBDIVISION FOUR OF THIS SECTION, THE TRUSTEES OR MEMBERS OF THE
53 BOARD OF EDUCATION OF EACH OF THE DISTRICTS AFFECTED BY A PROPOSED
54 TRANSFER OF TERRITORY SHALL HOLD A JOINT PUBLIC HEARING IN ORDER TO
55 PRESENT THE FINDINGS CONTAINED WITHIN THE JOINT FEASIBILITY STUDY AND TO
56 PROVIDE THE QUALIFIED VOTERS OF EACH DISTRICT WITH AN OPPORTUNITY TO BE
S. 327 3 A. 153
1 HEARD ON THE PROPOSITION. NOTICE OF SUCH JOINT PUBLIC HEARING SHALL BE
2 MAILED TO ALL QUALIFIED VOTERS OF THE IMPACTED SCHOOL DISTRICTS NO LATER
3 THAN FOURTEEN DAYS PRIOR TO THE HEARING. SUCH NOTICE SHALL INCLUDE:
4 (A) THE TIME, DATE, AND LOCATION OF THE HEARING;
5 (B) THE TIME, DATE AND LOCATION OF THE SPECIAL DISTRICT MEETING AT
6 WHICH A VOTE WILL OCCUR PURSUANT TO SUBDIVISION SIX OF THIS SECTION; AND
7 (C) THE NAME OF EACH DISTRICT AFFECTED, A DESCRIPTION OF THE BOUNDA-
8 RIES OF THE TERRITORY PROPOSED TO BE TRANSFERRED, THE REASONS STATED IN
9 THE PETITION OR RESOLUTION FOR DESIRING THE CHANGE, AND THE NUMBER OF
10 CHILDREN OF SCHOOL AGE, IF ANY, RESIDING IN THE TERRITORY PROPOSED TO BE
11 TRANSFERRED.
12 6. WITHIN FORTY-FIVE DAYS AFTER THE JOINT PUBLIC HEARING PURSUANT TO
13 SUBDIVISION FIVE OF THIS SECTION, EACH SCHOOL DISTRICT IMPACTED BY THE
14 PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDARIES SHALL HOLD
15 A SPECIAL MEETING OF THE QUALIFIED VOTERS, TO AFFORD THE VOTERS OF EACH
16 DISTRICT AN OPPORTUNITY TO APPROVE OR REJECT SUCH PROPOSITION. A SIMPLE
17 MAJORITY OF EACH DISTRICT SHALL DETERMINE APPROVAL OR REJECTION PROVIDED
18 THAT IN ORDER FOR A PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT
19 BOUNDARIES TO BE DEEMED APPROVED, THE VOTERS OF ALL IMPACTED DISTRICTS
20 MUST APPROVE SUCH PROPOSITION. NOTICE OF THE TIME AND PLACE OF SUCH
21 SPECIAL MEETING OF THE QUALIFIED VOTERS AND THE PURPOSE FOR WHICH IT IS
22 CALLED SHALL BE CONTAINED WITHIN THE HEARING NOTICE REQUIRED PURSUANT TO
23 SUBDIVISION FIVE OF THIS SECTION AND SHALL BE PUBLISHED AT LEAST FOUR
24 TIMES WITHIN THE FORTY-FIVE DAYS PRECEDING SUCH SPECIAL MEETING, THE
25 FIRST PUBLICATION TO BE AT LEAST THIRTY DAYS BEFORE SAID MEETING, IN TWO
26 NEWSPAPERS IF THERE SHALL BE TWO, OR IN ONE NEWSPAPER IF THERE SHALL BE
27 BUT ONE, HAVING GENERAL CIRCULATION WITHIN THE IMPACTED SCHOOL
28 DISTRICTS. BUT IF NO NEWSPAPER SHALL THEN HAVE GENERAL CIRCULATION THER-
29 EIN, THE SAID NOTICE SHALL BE POSTED IN AT LEAST TWENTY OF THE MOST
30 PUBLIC PLACES IN SAID DISTRICT FORTY-FIVE DAYS BEFORE THE TIME OF SUCH
31 SPECIAL MEETING.
32 7. THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION OF EACH DISTRICT MAY
33 ESTABLISH RULES LIMITING THE FREQUENCY OF CITIZEN-INITIATED PETITIONS
34 THAT MAY BE FILED PERTAINING TO TERRITORY INCLUDED IN WHOLE OR IN PART
35 IN A PREVIOUS CITIZEN-INITIATED PETITION WITHIN A FIVE YEAR PERIOD;
36 PROVIDED THAT IF A MAJORITY OF THE QUALIFIED ELECTORS PRESENT AND VOTING
37 FROM EACH DISTRICT ARE NOT IN FAVOR OF THE PROPOSITION FOR THE ALTER-
38 ATION OF SCHOOL DISTRICT BOUNDARIES, THE SAME PROPOSITION OR ANY PROPO-
39 SITION PERTAINING TO THE TERRITORY INCLUDED IN WHOLE OR IN PART OF SUCH
40 PROPOSITION CANNOT BE VOTED UPON AGAIN FOR A PERIOD OF ONE YEAR.
41 8. A PROPOSITION THAT IS APPROVED ON OR AFTER MARCH FIRST IN ANY
42 SCHOOL YEAR SHALL NOT BE AUTHORIZED TO TAKE EFFECT SOONER THAN JULY
43 FIRST, OF THE SECOND SCHOOL YEAR NEXT FOLLOWING.
44 S 2. This act shall take effect immediately and shall expire and be
45 deemed repealed five years after such effective date.
