S T A T E O F N E W Y O R K
________________________________________________________________________
1213
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
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tory in the town of Esopus in the county of Ulster is REPEALED.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
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.
LBD01327-01-1
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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.
§ 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,
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.
§ 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.