S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    18
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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 tory in the town of Esopus in the county of Ulster is REPEALED.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01330-01-7

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 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; the Hopevale
 union free school district, town of Hamburg, Erie county; and union free
 school district number three, town of Riverhead, Suffolk county.
   § 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.
   § 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.
   § 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,

 A. 18                               3
 
 including but  not  limited  to,  the  power  to  enter  contracts,  pay
 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.
   §  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.
   § 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.
   § 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.
   § 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.