S T A T E   O F   N E W   Y O R K
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                                   831

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Education

AN  ACT  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  references  to  the  West  Park
  union  free  school district; and to repeal chapter 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:

  Section  1.  Chapter  744 of the laws of 1973 relating to establishing
and constituting as a separate union free school district certain terri-
tory in the town of Esopus in the county of Ulster is REPEALED.
  S 2. 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 section 6 of chapter 446 of the laws of 2014, 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 of the town  of  Greenburgh,  Westchester

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06341-01-5
              

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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,  Westchester  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 3. 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 section 7 of chapter 446 of the laws of 2014,  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 of the town of Greenburgh, 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,  Westchester  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 4. Any funds remaining in the possession of the West Park union free
school district number two, after all of its debts and obligations  have
been  paid,  shall  be  paid  over  to each social services district and
school district having resident children served by the West  Park  union
free school district number two in the 2010-2011 school year in the same
proportion as the number of students placed by each such social services
district  or  school  district  and  served  by the West Park union free
school district number two in the 2010-2011 school  year  bears  to  the
total  number  of  students  served  by  the West Park union free school
district number two in the 2010-2011 school year. Though the  West  Park
union  free school district number two 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 Ulster (Ulster BOCES) shall be
authorized to act on behalf of the school district pursuant  to  section
four of this act.
  S  5.    Notwithstanding  any  other provision of law to the contrary,
during any period in which there is no duly constituted board of  educa-
tion  of  the  West  Park  union free school district number two, Ulster
BOCES shall be authorized to take any actions on behalf  of  the  school
district  that  are  reasonably  necessary 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

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outstanding debts for reimbursable costs incurred for closedown  of  the
school  district  under  this  section, provided however that the Ulster
BOCES shall not pay for outstanding debts using its own funds and  shall
not  be  liable for any outstanding debt incurred by the West Park union
free school district number two, town of  Esopus,  Ulster  county,  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  February 28, 2011 and reimbursement for closedown
costs determined pursuant to this section. The Ulster 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 by the school district, to determine
if  such expenses or claims are duplicative of claims previously submit-
ted 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, by an  independ-
ent auditor retained by the BOCES. The BOCES shall report to the depart-
ment  any  audited claims that were not included in an audited financial
statement or financial report, together with the documentation  support-
ing  such  claims. Reimbursement for costs incurred for closedown of the
school district, shall include only: (i) any allowable costs approved by
the commissioner that were included in the audited  financial  statement
and  financial  reports  submitted  by the school district in conformity
with the financial reporting  requirements;  (ii)  additional  allowable
costs,  incurred in the 2010-2011 school year or subsequently during the
closedown period, that are approved by the  commissioner  in  accordance
with  the  reimbursable  cost  manual in effect for the 2010-2011 school
year and relate to claims that were audited by the Ulster 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  documented  cost  to  the  Ulster BOCES of carrying out its
duties under the provisions of this section to  close  down  the  school
district,  as  approved  by the commissioner 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. Notwithstanding 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 closedown rate is
established; provided that any reimbursement costs due to  Ulster  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 Ulster BOCES under this
act shall not result in any additional costs being imposed on  component

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school  districts,  except  those  costs  imposed  on a component school
district pursuant to a closedown rate calculated under this section.
  S  6.  The  records of the West Park union free school district number
two, shall be forwarded to the district superintendent of schools of the
Ulster BOCES for preservation. Notwithstanding any  other  provision  of
law  to  the contrary, such records shall be deemed to be records of the
Ulster 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 7. The territory comprising the West Park union free school district
number two, town of Esopus, county of Ulster, shall revert to and become
a part of the Highland Central school district in the county of Ulster.
  S 8. That certain Agency Lease dated August 12, 1998 between  Mission-
ary  Sisters  of the Sacred Heart, a New York not-for-profit corporation
and the West Park union free school district number two is hereby termi-
nated.
  S 9. This act shall take effect  immediately;  provided  that  section
three  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,  as  amended,
takes effect.