S T A T E   O F   N E W   Y O R K
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     S. 5011                                                  A. 5582
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- 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  providing  for  the repeal of such
   provisions upon expiration 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:
   §  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.
                                                            LBD05705-01-1
              

 S. 5011                             2                            A. 5582
 
   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
 REQUEST  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. 5011                             3                            A. 5582
 
 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.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed five years after such effective date.