S T A T E O F N E W Y O R K
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9028--C
I N A S S E M B L Y
March 10, 2014
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Ways and Means -- reported and referred
to the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT 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 reference to such union free school district
number 13; 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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county of Westchester, is REPEALED.
S 2. Any funds remaining in the possession of the union free school
district number 13, town of Greenburgh, county of Westchester, after all
of its debts and obligations have been paid, shall be paid over to the
board of cooperative educational services of the sole supervisory
district of the county of Westchester (Southern Westchester BOCES) for
the services provided to such union free school district pursuant to
section three of this act. Though such union free school district
number 13 be dissolved, section 1518 of the education law shall be
deemed to apply, and it shall continue to exist in law for the purpose
of providing for and paying all its just debts; provided that the board
of cooperative educational services of the sole supervisory district of
the county of Westchester (Southern Westchester BOCES) shall be author-
ized to act on behalf of the school district pursuant to section three
of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08713-19-4
A. 9028--C 2
S 3. Notwithstanding any other provision of law to the contrary,
during any period in which there is no duly constituted board of educa-
tion of union free school district number 13, town of Greenburgh, county
of Westchester, Southern Westchester BOCES shall be authorized to take
any actions on behalf of the school district that are reasonably neces-
sary to complete the closedown and dissolution of the district that the
board of education would have, including but not limited to, the power
to enter contracts, pay outstanding debts from reimbursable costs
incurred for closedown of the school district under this section,
provided however that the southern Westchester BOCES shall not pay for
outstanding debts using its own funds and shall not be liable for any
outstanding debt incurred by the union free school district number 13,
Town of Greenburgh, sell school district property if any, with approval
of the commissioner, and to bill for and receive any reimbursement due
and owing for tuition pursuant to article 81 of the education law or any
other provision of law for services rendered to students on or before
the school district ceased operation on July 1, 2011 and reimbursement
for closedown costs determined pursuant to this section. The Southern
Westchester BOCES shall review the business records of the school
district, including any claims, invoices and bills submitted to the
school district during any period in which there was no duly constituted
board of education and shall audit any expenses or claims, based on
invoices, bills or other documentation, that were not included in an
audited financial statement or financial reports submitted to the
department of education by the school district, to determine if such
expenses or claims are duplicative of claims previously submitted for
reimbursement and, if not, whether they are supported by documentation
that would substantiate a claim that the expense was incurred by the
school district or is otherwise an outstanding debt of the school
district. Such audit may be conducted by the claims auditor of the BOCES
or, with the approval of the commissioner of education, by an independ-
ent auditor retained by the BOCES. The BOCES shall report to the depart-
ment of education any audited claims that were not included in an audit-
ed financial statement or financial report, together with the
documentation supporting such claims. Reimbursement for costs incurred
for closedown of the school district shall include only: (i) any allow-
able costs approved by the commissioner of education that were included
in the audited financial statement and financial reports submitted by
the school district in conformity with the financial reporting require-
ments; (ii) additional allowable costs, incurred in the 2010-2011 school
year or subsequently during the closedown period, that are approved by
the commissioner of education in accordance with the reimbursable cost
manual in effect for the 2010-2011 school year and relate to claims that
were audited by the Southern Westchester BOCES pursuant to this section
and are based on supporting documentation that would substantiate a
claim that the expense was incurred by the school district and not
duplicative of claims previously reimbursed; and (iii) the actual docu-
mented cost to the Southern Westchester BOCES of carrying out its duties
under the provisions of this section to close down the school district,
which includes, but is not limited to, the costs related to the need for
Southern Westchester BOCES to undertake borrowing to meet the require-
ments of this act, as approved by the commissioner of education based on
documentation that such costs were necessary to carry out such duties,
shall be included in a closedown rate payable by each school district or
social services district responsible for tuition for students attending
the special act school district in the 2010-2011 school year. Notwith-
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standing any other provision of law, rule or regulation to the contrary,
such closedown rate may be payable in three installments which shall be
as equal as practicable, over three consecutive years after the close-
down rate is established; provided that any reimbursement costs due to
Southern Westchester BOCES for carrying out its administrative duties
under this act may be paid in the first installment. In such capacity,
such board of cooperative educational services and its officers and
employees shall be entitled to defense and indemnification by the state
pursuant to section 18 of the public officers law. Services provided by
the Southern Westchester BOCES under this act shall not result in any
additional costs being imposed on component school districts, except
those costs imposed on a component school district pursuant to a close-
down rate calculated under this section.
S 4. The records of union free school district number 13, town of
Greenburgh, county of Westchester, shall be forwarded to the district
superintendent of schools of the Southern Westchester BOCES for preser-
vation. Notwithstanding any other provision of law to the contrary, such
records shall be deemed to be records of the Southern Westchester BOCES
for purposes of the management and disposition of such records and local
government records management grants pursuant to section 57.35 of the
arts and cultural affairs law.
S 5. The territory comprising the union free school district number
13, town of Greenburgh, county of Westchester, shall revert to and
become part of the Irvington union free school district in the county of
Westchester.
S 6. Section 1 of chapter 566 of the laws of 1967, relating to provid-
ing for the apportionment of funds to certain special school districts,
as amended by chapter 478 of the laws of 2006, is amended to read as
follows:
Section 1. Notwithstanding the provisions of section 3602 and 3602-b
of the education law, and in lieu of any apportionments to which such
school districts might otherwise be entitled under such sections or
under any other provisions of law, the commissioner of education is
hereby authorized to include the following school districts in the annu-
al apportionment of public moneys and such apportionment shall be
computed in accordance with the provisions of sections two, three and
four of this act: union free school district number twenty-seven of the
town of Dryden, Tompkins county; union free school district number eight
of the town of Canaan, Columbia county; union free school districts
numbers ten, eleven[,] AND twelve [and thirteen] of the town of Green-
burgh, Westchester county; union free school districts numbers three and
four of the town of Mount Pleasant, Westchester county; union free
school district number six, Blythedale, town of Mount Pleasant, West-
chester county; and Randolph Children's Home union free school district
of the town of Randolph, Cattaraugus county; West Park union free school
district number two, town of Esopus, Ulster county; common school
district number seven of the town of Oyster Bay, Nassau county; the
Hopevale union free school district, town of Hamburg, Erie county; and
union free school district number three, town of Riverhead, Suffolk
county.
S 7. Section 1 of chapter 566 of the laws of 1967, relating to provid-
ing for the apportionment of funds to certain special school districts,
as amended by chapter 213 of the laws of 2011, is amended to read as
follows:
Section 1. Notwithstanding the provisions of section 3602 and 3602-b
of the education law, and in lieu of any apportionments to which such
A. 9028--C 4
school districts might otherwise be entitled under such sections or
under any other provisions of law, the commissioner of education is
hereby authorized to include the following school districts in the annu-
al apportionment of public moneys and such apportionment shall be
computed in accordance with the provisions of sections two, three and
four of this act: union free school district number twenty-seven of the
town of Dryden, Tompkins county; union free school district number eight
of the town of Canaan, Columbia county; union free school districts
numbers ten, eleven[,] AND twelve [and thirteen] of the town of Green-
burgh, Westchester county; union free school districts numbers three and
four of the town of Mount Pleasant, Westchester county; union free
school district number six, Blythedale, town of Mount Pleasant, West-
chester county; and Randolph Children's Home union free school district
of the town of Randolph, Cattaraugus county; West Park union free school
district number two, town of Esopus, Ulster county; common school
district number seven of the town of Oyster Bay, Nassau county; and
union free school district number three, town of Riverhead, Suffolk
county.
S 8. This act shall take effect immediately; provided that the amend-
ments to section 1 of chapter 566 of the laws of 1967, made by section
seven of this act, shall take effect on the same date and in the same
manner as section 5 of chapter 213 of the laws of 2011, takes effect.