S T A T E   O F   N E W   Y O R K
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    S. 781                                                    A. 137

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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 to repeal such provisions upon expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 1527-d
to read as follows:
  S 1527-D. PROCEDURE FOR ALTERATION OF SCHOOL DISTRICT BOUNDARIES.   1.
THE  BOUNDARIES  OF  TWO  OR  MORE COMMON, UNION FREE, OR CENTRAL SCHOOL
DISTRICTS THAT ARE CONTIGUOUS AND WHOLLY CONTAINED  WITHIN  THE  EASTERN
SUFFOLK  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SUPERVISORY DISTRICT
MAY BE ALTERED AS PROVIDED BY THIS SECTION.
  2. A PROPOSITION FOR THE ALTERATION  IN  THE  BOUNDARIES  OF  EXISTING
CONTIGUOUS SCHOOL DISTRICTS MAY BE INITIATED BY:
  (A) A PETITION IN WRITING FILED WITH THE TRUSTEE, TRUSTEES OR BOARD OF
EDUCATION OF EACH DISTRICT THAT WOULD BE IMPACTED BY THE PROPOSED ALTER-
ATION  IN  BOUNDARIES  PROVIDED THAT SUCH PETITION IS SIGNED BY AT LEAST
TWENTY-FIVE QUALIFIED VOTERS IN EACH SCHOOL DISTRICT OR FIVE PERCENT  OF
THE  NUMBER  OF VOTERS WHO VOTED IN EACH SCHOOL DISTRICT IN THE PREVIOUS
ANNUAL ELECTION OF THE MEMBERS OF THE BOARD OF  EDUCATION  OR  TRUSTEES,
SAID  NUMBER  TO  BE DETERMINED BY THE NUMBER OF PERSONS RECORDED ON THE
POLL LIST AS HAVING VOTED AT SUCH ELECTION, WHICHEVER SHALL BE GREATER;
  (B) A JOINT RESOLUTION BY A MAJORITY OF THE TRUSTEES OR MEMBERS OF THE
BOARD OF EDUCATION OF EACH OF  THE  DISTRICTS  AFFECTED  BY  A  PROPOSED
TRANSFER OF TERRITORY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03490-01-3

S. 781                              2                             A. 137

  3.  THE  PETITION  OR  JOINT  RESOLUTION  SHALL STATE THE NAME OF EACH
DISTRICT AFFECTED, DESCRIBE THE BOUNDARIES OF THE TERRITORY PROPOSED  TO
BE  TRANSFERRED,  STATE  THE  REASONS  FOR  DESIRING THE CHANGE, AND THE
NUMBER OF CHILDREN OF SCHOOL AGE, IF  ANY,  RESIDING  IN  THE  TERRITORY
PROPOSED TO BE TRANSFERRED.
  4.  UPON RECEIPT OF A CITIZEN-INITIATED PETITION, OR UPON THE ADOPTION
OF JOINT RESOLUTION, THE TRUSTEES OR MEMBERS OF THE BOARD  OF  EDUCATION
OF  EACH  IMPACTED  SCHOOL  DISTRICT SHALL UNDERTAKE A JOINT FEASIBILITY
STUDY ON THE PROPOSITION FOR THE ALTERATION OF SCHOOL  DISTRICT  BOUNDA-
RIES.    SUCH  FEASIBILITY  STUDY  SHALL BE COMPLETED WITHIN ONE HUNDRED
TWENTY DAYS OF RECEIPT OF THE CITIZEN-INITIATED PETITION OR JOINT RESOL-
UTION AND SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) CURRENT AND PROJECTED ENROLLMENTS;
  (B) CURRENT AND PROJECTED PROFESSIONAL STAFFING PLAN;
  (C) CURRENT AND PROJECTED HOUSING PLANS;
  (D) A PLAN FOR EDUCATION PROGRAMS AND CURRICULA IN THE  DISTRICT  THAT
WILL  GAIN  THE  TERRITORY  PROPOSED TO BE TRANSFERRED INCLUDING STUDENT
EDUCATIONAL OPPORTUNITIES AS MEASURED  BY  THE  PERCENTAGE  OF  STUDENTS
PERFORMING  AT EACH LEVEL OF THE STATEWIDE MANDATED ASSESSMENTS AND DATA
REGARDING STUDENT ATTENDANCE, GRADUATION, AND DROPOUT RATES;
  (E) FISCAL IMPLICATIONS OF THE REORGANIZATION,  INCLUDING  CHANGES  IN
STATE  AID,  EXPENDITURES  AND  LOCAL  TAX  EFFORT INCLUDING ALL FUNDING
SOURCES OF THE AFFECTED DISTRICTS, EQUALIZATION AMONG  SCHOOL  DISTRICTS
OF  THE  TAX  BURDEN, IMPROVEMENT IN THE ECONOMIES IN THE ADMINISTRATION
AND OPERATION OF SCHOOLS, AND  THE  EXTENT  THE  PROPOSED  CHANGE  WOULD
POTENTIALLY  REDUCE OR INCREASE THE INDIVIDUAL AND AGGREGATE TRANSPORTA-
TION COSTS OF THE AFFECTED SCHOOL DISTRICTS;
  (F) WHETHER OR  NOT  GEOGRAPHIC  ACCESSIBILITY  WARRANTS  A  FAVORABLE
CONSIDERATION OF A RECOMMENDED ALTERATION IN SCHOOL DISTRICT BOUNDARIES,
INCLUDING  REMOTENESS  OR  ISOLATION  OF  PLACES  OF  RESIDENCE AND TIME
REQUIRED TO TRAVEL TO AND FROM SCHOOL;
  (G) THE SAFETY AND  WELFARE  OF  PUPILS.  FOR  THE  PURPOSES  OF  THIS
SECTION,  "SAFETY"  MEANS  FREEDOM OR PROTECTION FROM DANGER, INJURY, OR
DAMAGE AND "WELFARE" MEANS A POSITIVE CONDITION OR  INFLUENCE  REGARDING
HEALTH, CHARACTER, AND WELL-BEING;
  (H)  THE  HISTORY  AND  RELATIONSHIP  OF  THE PROPERTY AFFECTED TO THE
STUDENTS AND COMMUNITIES AFFECTED; AND
  (I) OTHER FACTORS DEEMED RELEVANT BY THE TRUSTEES OR  MEMBERS  OF  THE
BOARD OF EDUCATION TO THE PROPOSED ALTERATION OF SCHOOL DISTRICT BOUNDA-
RIES.
  THE JOINT FEASIBILITY STUDY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON
REQUESTS  ONCE IT IS COMPLETED. IN THE EVENT THAT MORE THAN ONE PROPOSI-
TION FOR THE ALTERATION IN THE BOUNDARIES OF EXISTING CONTIGUOUS  SCHOOL
DISTRICTS  IS  INITIATED  DURING A FIVE YEAR PERIOD, COMMENCING WITH THE
FIRST PROPOSITION, PERTAINING TO THE  SAME  OR  SUBSTANTIALLY  THE  SAME
TERRITORY TO BE TRANSFERRED TO THE SAME SCHOOL DISTRICT, THE TRUSTEES OR
MEMBERS OF THE BOARD OF EDUCATION OF EACH IMPACTED SCHOOL DISTRICT SHALL
BE  AUTHORIZED  TO EITHER UTILIZE OR AMEND AN EXISTING JOINT FEASIBILITY
STUDY IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
  5. WITHIN THIRTY DAYS AFTER COMPLETING THE JOINT FEASIBILITY STUDY  ON
THE  PROPOSITION FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDARIES PURSU-
ANT TO SUBDIVISION FOUR OF THIS SECTION, THE TRUSTEES OR MEMBERS OF  THE
BOARD  OF  EDUCATION  OF  EACH  OF  THE DISTRICTS AFFECTED BY A PROPOSED
TRANSFER OF TERRITORY SHALL HOLD A JOINT  PUBLIC  HEARING  IN  ORDER  TO
PRESENT THE FINDINGS CONTAINED WITHIN THE JOINT FEASIBILITY STUDY AND TO
PROVIDE  THE QUALIFIED VOTERS OF EACH DISTRICT WITH AN OPPORTUNITY TO BE

S. 781                              3                             A. 137

HEARD ON THE PROPOSITION. NOTICE OF SUCH JOINT PUBLIC HEARING  SHALL  BE
MAILED TO ALL QUALIFIED VOTERS OF THE IMPACTED SCHOOL DISTRICTS NO LATER
THAN FOURTEEN DAYS PRIOR TO THE HEARING. SUCH NOTICE SHALL INCLUDE:
  (A) THE TIME, DATE, AND LOCATION OF THE HEARING;
  (B)  THE  TIME,  DATE  AND LOCATION OF THE SPECIAL DISTRICT MEETING AT
WHICH A VOTE WILL OCCUR PURSUANT TO SUBDIVISION SIX OF THIS SECTION; AND
  (C) THE NAME OF EACH DISTRICT AFFECTED, A DESCRIPTION OF  THE  BOUNDA-
RIES  OF THE TERRITORY PROPOSED TO BE TRANSFERRED, THE REASONS STATED IN
THE PETITION OR RESOLUTION FOR DESIRING THE CHANGE, AND  THE  NUMBER  OF
CHILDREN OF SCHOOL AGE, IF ANY, RESIDING IN THE TERRITORY PROPOSED TO BE
TRANSFERRED.
  6.  WITHIN  FORTY-FIVE DAYS AFTER THE JOINT PUBLIC HEARING PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION, EACH SCHOOL DISTRICT IMPACTED  BY  THE
PROPOSITION  FOR THE ALTERATION OF SCHOOL DISTRICT BOUNDARIES SHALL HOLD
A SPECIAL MEETING OF THE QUALIFIED VOTERS, TO AFFORD THE VOTERS OF  EACH
DISTRICT  AN OPPORTUNITY TO APPROVE OR REJECT SUCH PROPOSITION. A SIMPLE
MAJORITY OF EACH DISTRICT SHALL DETERMINE APPROVAL OR REJECTION PROVIDED
THAT IN ORDER FOR A PROPOSITION FOR THE ALTERATION  OF  SCHOOL  DISTRICT
BOUNDARIES  TO  BE DEEMED APPROVED, THE VOTERS OF ALL IMPACTED DISTRICTS
MUST APPROVE SUCH PROPOSITION. NOTICE OF THE  TIME  AND  PLACE  OF  SUCH
SPECIAL MEETING OF THE QUALIFIED  VOTERS AND THE PURPOSE FOR WHICH IT IS
CALLED SHALL BE CONTAINED WITHIN THE HEARING NOTICE REQUIRED PURSUANT TO
SUBDIVISION  FIVE  OF  THIS SECTION AND SHALL BE PUBLISHED AT LEAST FOUR
TIMES WITHIN THE FORTY-FIVE DAYS PRECEDING  SUCH  SPECIAL  MEETING,  THE
FIRST PUBLICATION TO BE AT LEAST THIRTY DAYS BEFORE SAID MEETING, IN TWO
NEWSPAPERS  IF THERE SHALL BE TWO, OR IN ONE NEWSPAPER IF THERE SHALL BE
BUT  ONE,  HAVING  GENERAL  CIRCULATION  WITHIN  THE   IMPACTED   SCHOOL
DISTRICTS. BUT IF NO NEWSPAPER SHALL THEN HAVE GENERAL CIRCULATION THER-
EIN,  THE  SAID  NOTICE  SHALL  BE POSTED IN AT LEAST TWENTY OF THE MOST
PUBLIC PLACES IN SAID DISTRICT FORTY-FIVE DAYS BEFORE THE TIME  OF  SUCH
SPECIAL MEETING.
  7.  THE  TRUSTEE,  TRUSTEES OR BOARD OF EDUCATION OF EACH DISTRICT MAY
ESTABLISH RULES LIMITING THE FREQUENCY  OF  CITIZEN-INITIATED  PETITIONS
THAT  MAY  BE FILED PERTAINING TO TERRITORY INCLUDED IN WHOLE OR IN PART
IN A PREVIOUS CITIZEN-INITIATED PETITION  WITHIN  A  FIVE  YEAR  PERIOD;
PROVIDED THAT IF A MAJORITY OF THE QUALIFIED ELECTORS PRESENT AND VOTING
FROM  EACH  DISTRICT  ARE NOT IN FAVOR OF THE PROPOSITION FOR THE ALTER-
ATION OF SCHOOL DISTRICT BOUNDARIES, THE SAME PROPOSITION OR ANY  PROPO-
SITION  PERTAINING TO THE TERRITORY INCLUDED IN WHOLE OR IN PART OF SUCH
PROPOSITION CANNOT BE VOTED UPON AGAIN FOR A PERIOD OF ONE YEAR.
  8. A PROPOSITION THAT IS APPROVED ON  OR  AFTER  MARCH  FIRST  IN  ANY
SCHOOL  YEAR  SHALL  NOT  BE  AUTHORIZED TO TAKE EFFECT SOONER THAN JULY
FIRST, OF THE SECOND SCHOOL YEAR NEXT FOLLOWING.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed five years after such effective date.