Bill Text: NY A09208 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a board of cooperative educational services school district restructuring committee to study and review the organization and operation of all component and non-component school districts within the area served by the board of cooperative educational services; outlines composition of such committee; requires a report be issued and recommendations be made.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to education [A09208 Detail]
Download: New_York-2009-A09208-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9208
2009-2010 Regular Sessions
I N A S S E M B L Y
October 21, 2009
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to a board of cooperative
educational services school district restructuring committee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 1950 of the education law is
2 amended by adding a new paragraph oo to read as follows:
3 OO. TO ESTABLISH, BY NO LATER THAN OCTOBER FIRST, TWO THOUSAND ELEVEN,
4 A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SCHOOL DISTRICT RESTRUCTUR-
5 ING COMMITTEE TO STUDY AND REVIEW THE ORGANIZATION AND OPERATION OF ALL
6 COMPONENT AND NON-COMPONENT SCHOOL DISTRICTS WITHIN THE AREA SERVED BY
7 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OTHER THAN SCHOOL
8 DISTRICTS FORMED BY SPECIAL ACT AND SCHOOL DISTRICTS IN CITIES HAVING A
9 POPULATION OF ONE MILLION INHABITANTS OR MORE.
10 (1) SUCH COMMITTEE SHALL HAVE AT LEAST TEN BUT NO MORE THAN
11 TWENTY-FIVE MEMBERS APPOINTED BY THE BOARD OF COOPERATIVE EDUCATIONAL
12 SERVICES UPON THE RECOMMENDATION OF THE DISTRICT SUPERINTENDENT OF
13 SCHOOLS, AFTER CONSULTATION WITH ORGANIZATIONS REPRESENTING SCHOOL
14 BOARDS, SUPERINTENDENTS OF SCHOOLS, SCHOOL ADMINISTRATORS, TEACHERS AND
15 PARENTS IN THE AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL
16 SERVICES. THE COMMITTEE SHALL BE CHAIRED BY THE DISTRICT SUPERINTENDENT
17 OF SCHOOLS OR HIS OR HER DESIGNEE, AND SHALL INCLUDE REPRESENTATIVES OF
18 PARENTS, TEACHERS, SCHOOL ADMINISTRATORS, SCHOOL BOARD MEMBERS, SUPER-
19 INTENDENTS OF SCHOOLS AND OTHER INTERESTED CITIZENS, SUCH AS REPRESEN-
20 TATIVES OF CIVIC AND BUSINESS ASSOCIATIONS. MEMBERS OF THE COMMITTEE
21 SHALL SERVE WITHOUT COMPENSATION. A MAJORITY OF THE WHOLE NUMBER OF THE
22 COMMITTEE SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS AND
23 APPROVAL OF AT LEAST A MAJORITY OF THE WHOLE NUMBER SHALL BE REQUIRED
24 FOR ACTION BY THE COMMITTEE. ALL COMMITTEE MEETINGS SHALL BE OPEN TO THE
25 PUBLIC. THE COMMITTEE SHALL CONDUCT AT LEAST ONE PUBLIC HEARING IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14773-02-9
A. 9208 2
1 AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON OR
2 BEFORE JUNE FIFTEENTH, TWO THOUSAND TWELVE TO RECEIVE TESTIMONY AND
3 PUBLIC COMMENT ON THE POTENTIAL FOR COST SAVINGS AND THE IMPROVEMENT OF
4 SERVICES THROUGH SHARED OR CONSOLIDATED SERVICES AND SCHOOL DISTRICT
5 REORGANIZATIONS.
6 (2) SUCH COMMITTEE SHALL REVIEW CURRENT SCHOOL DISTRICT ORGANIZATION,
7 ENROLLMENTS AND FINANCIAL CIRCUMSTANCES AND IDENTIFY AND EVALUATE OPPOR-
8 TUNITIES FOR COSTS SAVINGS AND IMPROVEMENT OF SERVICES THROUGH RESTRUC-
9 TURING OF SCHOOL DISTRICT FUNCTIONS AS WELL AS SCHOOL DISTRICT REORGAN-
10 IZATION, AND BY OCTOBER FIRST, TWO THOUSAND TWELVE SHALL ISSUE A
11 PRELIMINARY WRITTEN REPORT DESCRIBING ITS FINDINGS ON THE POTENTIAL FOR
12 CONSOLIDATION AND SHARING OF SERVICES WITHIN THE AREA SERVED BY THE
13 BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND RECOMMENDING ANY SPECIFIC
14 STUDIES OF SHARED OR CONSOLIDATED SERVICES THAT THE BOARD OF COOPERATIVE
15 EDUCATIONAL SERVICES AND/OR TRUSTEES OR BOARDS OF EDUCATION OF SCHOOL
16 DISTRICTS IN THE AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL
17 SERVICES SHOULD UNDERTAKE. SUCH PRELIMINARY REPORT SHALL ALSO CONTAIN
18 RECOMMENDATIONS FOR STUDIES OF POTENTIAL SCHOOL DISTRICT REORGANIZATIONS
19 OR SPECIFIC RECOMMENDATIONS TO THE COMMISSIONER AND AFFECTED SCHOOL
20 DISTRICTS ON POTENTIAL SCHOOL DISTRICT REORGANIZATIONS THAT WOULD ASSURE
21 THE MOST EFFICIENT AND ECONOMICAL PROVISION OF EDUCATIONAL FACILITIES IN
22 THE REGION AND THE BEST EDUCATIONAL INTERESTS OF THE CHILDREN IN THE
23 AREA. THE TRUSTEES OR BOARDS OF EDUCATION OF THE AFFECTED SCHOOL
24 DISTRICTS AND THE BOARDS OF COOPERATIVE EDUCATIONAL SERVICES SHALL
25 CONSIDER UNDERTAKING ANY SUCH STUDIES RECOMMENDED BY THE COMMITTEE AND
26 APPLYING FOR FUNDING THROUGH THE LOCAL GOVERNMENT EFFICIENCY GRANTS OR
27 OTHER STATE FUNDING SOURCES.
28 (3) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND THIRTEEN, THE COMMITTEE
29 SHALL ISSUE A FINAL REPORT CONTAINING ITS FINAL RECOMMENDATIONS ON SHAR-
30 ING OR CONSOLIDATION OF SERVICES AND SPECIFIC RECOMMENDATIONS TO THE
31 COMMISSIONER AND AFFECTED SCHOOL DISTRICTS ON SCHOOL DISTRICT REORGAN-
32 IZATIONS.
33 (4) IN MAKING RECOMMENDATIONS ON SCHOOL DISTRICT REORGANIZATION, THE
34 COMMITTEE SHALL CONSIDER CURRENT AND PROJECTED ENROLLMENTS OF EXISTING
35 SCHOOL DISTRICTS AND THE IMPACT OF POTENTIAL REORGANIZATIONS ON COSTS
36 AND PROPERTY TAX BURDEN IN THE AFFECTED SCHOOL DISTRICTS, AS WELL AS ANY
37 EDUCATIONAL BENEFITS RESULTING FROM REORGANIZATION. FOLLOWING RECEIPT OF
38 A RECOMMENDATION FOR SCHOOL DISTRICT REORGANIZATION FROM SUCH COMMITTEE,
39 THE COMMISSIONER SHALL EITHER: (I) RETURN THE RECOMMENDATION TO THE
40 COMMITTEE FOR RECONSIDERATION BASED ON THE COMMITTEE'S FAILURE TO DEMON-
41 STRATE THAT THE REORGANIZATION WILL RESULT IN EFFICIENT AND ECONOMICAL
42 DELIVERY OF SERVICES OR WOULD BE IN THE BEST EDUCATIONAL INTERESTS OF
43 STUDENTS OR BECAUSE THE PROPOSED REORGANIZATION CANNOT BE ACCOMPLISHED
44 WITHOUT A CHANGE IN LAW; OR (II) APPROVE THE RECOMMENDATION AND ORDER
45 ANY AMENDMENTS TO THE STATE PLAN FOR REORGANIZATION PURSUANT TO SUBDIVI-
46 SION TWO OF SECTION THREE HUNDRED FOURTEEN OF THIS CHAPTER THAT WOULD BE
47 REQUIRED TO CARRY OUT SUCH RECOMMENDATION, AND THEREAFTER ISSUE ANY
48 FURTHER ORDERS NECESSARY TO INITIATE THE REORGANIZATION RECOMMENDED BY
49 THE COMMITTEE.
50 (5) THE DEPARTMENT, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
51 THE TRUSTEES OR BOARDS OF EDUCATION OF SCHOOL DISTRICTS WITHIN THE AREA
52 SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL COMPLY
53 WITH REASONABLE REQUESTS BY THE COMMITTEE FOR DATA AND INFORMATION NEED-
54 ED TO CARRY OUT ITS FUNCTIONS, INCLUDING BUT NOT LIMITED TO ENROLLMENT
55 PROJECTIONS, FINANCIAL INFORMATION, INFORMATION ON FACILITIES, INFORMA-
56 TION ON PAST STUDIES OR EXAMPLES OF SHARING OF SERVICES OR SCHOOL
A. 9208 3
1 DISTRICT REORGANIZATIONS, RELEVANT RESEARCH OR REPORTS AND INFORMATION
2 ON LAWS OR PROGRAMS THAT MAY BE RELEVANT. THE DISTRICT SUPERINTENDENT OF
3 SCHOOLS SHALL REGULARLY REPORT TO THE COMMISSIONER ON PROGRESS BEING
4 MADE BY THE COMMITTEE, AND THE INFORMATION SO REPORTED SHALL BE SUMMA-
5 RIZED AND MADE AVAILABLE TO INTERESTED PARTIES AND SHALL BE POSTED ON
6 THE DEPARTMENT'S WEBSITE. THE PRELIMINARY AND FINAL REPORTS OF EACH
7 COMMITTEE SHALL ALSO BE POSTED ON THE DEPARTMENT'S WEBSITE. THE COMMIS-
8 SIONER SHALL SUMMARIZE THE ACTIVITIES OF THE REGIONAL SCHOOLS RESTRUC-
9 TURING COMMITTEES AND REPORT TO THE BOARD OF REGENTS, THE LEGISLATURE
10 AND THE GOVERNOR WITHIN SIXTY DAYS OF THE RECEIPT OF THE FINAL REPORTS
11 FROM THE COMMITTEES.
12 S 2. Subdivision 6 of section 314 of the education law, as amended by
13 chapter 163 of the laws of 1972, is amended to read as follows:
14 6. A. Whenever any school district scheduled for reorganization pursu-
15 ant to the state plan of reorganization as herein established has not
16 consolidated or reorganized in accordance therewith within two years
17 after the entry of an order pursuant to subdivision two [herein] OF THIS
18 SECTION establishing such final plan of reorganization for the affected
19 district or districts, or has failed within such time after receipt of
20 such notice to institute a proceeding for a change in accordance with
21 this section, or is unable to show that such district has adopted a
22 resolution or resolutions in accordance with sections eighteen hundred
23 one through eighteen hundred three, fifteen hundred ten through fifteen
24 hundred thirteen, fifteen hundred twenty-two and fifteen hundred twen-
25 ty-three, fifteen hundred twenty-four or fifteen hundred twenty-six of
26 this chapter in favor of such reorganization or that in the case of an
27 order of dissolution and annexation, such district has not asked for a
28 referendum pursuant to subdivision two of section eighteen hundred two,
29 and is being prevented from reorganizing by the action of another
30 district which is part of the same plan of reorganization, OR THAT THE
31 VOTERS OF SUCH DISTRICT HAVE FAILED TO APPROVE A REFERENDUM SUBMITTED
32 PURSUANT TO SECTION NINETEEN HUNDRED THIRTEEN OF THIS CHAPTER AS A
33 RESULT OF A RECOMMENDATION IN THE FINAL REPORT OF A BOARD OF COOPERATIVE
34 EDUCATIONAL SERVICES SCHOOL DISTRICT RESTRUCTURING COMMITTEE, commencing
35 with the school year following the school year in which the two-year
36 period expired, such school district shall not be eligible to receive
37 any building aid exceeding the building aid which such district would be
38 entitled to receive in accordance with the applicable provisions of the
39 education law in existence on July first, nineteen hundred sixty-five
40 until such reorganization shall take place, except for such additional
41 amounts as may be computed as due on debt service already incurred[;
42 provided] OR TO BE INCURRED ON PROJECTS APPROVED BY THE VOTERS OF THE
43 SCHOOL DISTRICT PRIOR TO THE EFFECTIVE DATE OF SUCH ORDER OR FOR CAPITAL
44 OUTLAYS OR DEBT SERVICE INCURRED AFTER THE EFFECTIVE DATE OF SUCH ORDER
45 TO THE EXTENT AUTHORIZED BY PARAGRAPH C OF THIS SUBDIVISION.
46 B. WHERE AN ORDER ISSUED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
47 IS A RESULT OF A RECOMMENDATION IN THE FINAL REPORT OF A BOARD OF COOP-
48 ERATIVE EDUCATIONAL SERVICES SCHOOL DISTRICT RESTRUCTURING COMMITTEE, NO
49 BUILDING AID SHALL BE PAYABLE ON NEW PROJECTS APPROVED BY THE VOTERS OF
50 ANY SCHOOL DISTRICT AFFECTED BY SUCH ORDER UNTIL THE RECOMMENDED REOR-
51 GANIZATION TAKES PLACE, EXCEPT AS AUTHORIZED BY PARAGRAPH C OF THIS
52 SUBDIVISION.
53 C. PROVIDED, however, that nothing contained in this subdivision shall
54 prevent the apportionment of building aid for construction, recon-
55 struction, alterations of or additions to school building facilities for
56 the use of grades kindergarten through [eight] TWELVE, provided the
A. 9208 4
1 commissioner shall find that: (1) existing facilities are obsolete or
2 inadequate; and (2)(I) that the construction for which aid is sought
3 would be capable of substantial educational use by the reorganized
4 district in the event that the reorganization under the existing plan
5 for reorganization is effected; OR (II) THE PROJECT FOR WHICH AID IS
6 SOUGHT ON CAPITAL OUTLAYS OR DEBT SERVICE IS A CONSTRUCTION EMERGENCY
7 PROJECT AS DEFINED IN CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH B OF
8 SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
9 S 3. Paragraph a of subdivision 14 of section 3602 of the education
10 law, as added by chapter 57 of the laws of 1993, is amended to read as
11 follows:
12 a. District subject to reorganization. (1) No apportionments pursuant
13 to subdivision six of this section shall be paid to any school district
14 which is scheduled for reorganization pursuant to the state plan for
15 school district reorganization, unless there shall have been compliance
16 with this paragraph.
17 (2) In order to obtain an apportionment under subdivision six of this
18 section for a district scheduled for reorganization and not reorganized,
19 such district shall file with the commissioner a formal written applica-
20 tion therefor, (a) showing (i) inadequacy or obsolescence of present
21 facilities, and (ii) that such construction for which such apportionment
22 is sought would be capable of substantial educational use by the reor-
23 ganized district in case the reorganization under the existing plan of
24 reorganization is effected, and that it will provide more efficient and
25 more economical educational facilities for such reorganized district in
26 the best educational interests of the children in the reorganized school
27 district; or (b) showing that: (I) such district has adopted a resol-
28 ution or resolutions in accordance with sections eighteen hundred one
29 through eighteen hundred three of this chapter in favor of such reorgan-
30 ization OR THE VOTERS OF THE SCHOOL DISTRICT HAVE VOTED IN FAVOR OF A
31 REORGANIZATION WHICH WAS RECOMMENDED IN THE FINAL REPORT OF A BOARD OF
32 COOPERATIVE EDUCATIONAL SERVICES SCHOOL DISTRICT RESTRUCTURING COMMIT-
33 TEE; and (II) SUCH DISTRICT is being prevented from reorganizing by the
34 action of another district which is part of the same plan of reorganiza-
35 tion; OR (C) THE PROJECT FOR WHICH AID IS SOUGHT ON CAPITAL OUTLAYS OR
36 DEBT SERVICE IS A CONSTRUCTION EMERGENCY PROJECT AS DEFINED IN CLAUSE
37 (C) OF SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVISION SIX OF SECTION
38 THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. The commissioner shall within
39 ninety days grant such apportionment or deny such apportionment with
40 leave to the district to petition for a formal hearing. Such hearing
41 shall be held pursuant to the procedures provided in subdivision three
42 of section three hundred fourteen of this chapter.
43 (3) (a) Within sixty days after such hearing is concluded and all
44 papers in relation thereto are submitted, the commissioner shall render
45 a preliminary finding recommending whether a change is warranted,
46 setting forth [his] THE COMMISSIONER'S findings and conclusions which
47 shall be based exclusively on the evidence presented at the hearing. The
48 commissioner shall recommend the amendment or confirmation of the state
49 plan in accordance with his preliminary finding by a report made by him
50 and entered in [his] THE COMMISSIONER'S office. The commissioner shall
51 serve a copy of such preliminary finding upon the clerk or in the event
52 that there is no clerk, the trustee or trustees of the school districts
53 located in the affected area or areas. In the event that such districts
54 do not agree with such preliminary findings, the school districts
55 affected by the terms of such preliminary finding may within thirty days
56 apply to the chancellor of the board of regents for the appointment of a
A. 9208 5
1 committee of the regents to review the proposed amendment or confirma-
2 tion of the state plan. In the event that an application to the chancel-
3 lor is not made within thirty days for the appointment of a committee of
4 the regents, the preliminary finding shall become an order without
5 further action of the commissioner.
6 (b) Upon receipt of such application, the chancellor shall appoint a
7 committee of three members of the regents, one of whom shall be a regent
8 whose judicial district includes all or part of the areas affected. The
9 committee of regents shall review the proposed amendment or confirmation
10 of the state plan. In the event the committee is unable to resolve the
11 differences between the commissioner and such school districts, it shall
12 within sixty days from the date of the appointment of such committee,
13 make an order reversing, affirming, or modifying, wholly or in part,
14 such preliminary finding of the commissioner and amending or confirming
15 the state plan setting forth the committee's findings and conclusions
16 which shall be based exclusively on the evidence presented at the
17 commissioner's hearing and any additional evidence presented at the
18 committee's review. The committee shall have the discretion to permit
19 additional evidence to be presented by any party. The commissioner shall
20 serve a copy of such order upon the clerk or in the event there is no
21 clerk, the trustee or trustees of the school districts located in the
22 affected area or areas.
23 (c) Such order of the committee of the regents shall be binding and
24 final and subject to review pursuant to article seventy-eight of the
25 civil practice law and rules. The scope of review shall include the
26 question whether the determination is on the entire record supported by
27 substantial evidence.
28 (d) The commissioner shall establish and promulgate rules of practice
29 and procedures in connection with such hearings, shall provide for the
30 attendance of the hearing officer, regulate the course of the hearing,
31 fix the time for filing of briefs and other documents, provide a hearing
32 stenographer and for the making of a record as well as the making of a
33 full transcript of all proceedings at the hearing and shall at the
34 request of any party, school district or interested person have prepared
35 and furnish a copy of the transcript or any party thereof upon payment
36 of the costs therefor.
37 (e) School districts designated in the established plan by an order of
38 the committee of the regents shall be made parties by the petitioning
39 district. Districts which may be affected by the proposed change may
40 join or be joined in such proceeding by the commissioner or any party.
41 (4) Notwithstanding the provisions of subparagraphs one through three
42 of this paragraph, any such district which has qualified for an appor-
43 tionment for school building purposes, under laws in effect prior to the
44 date this act takes effect, shall receive an apportionment under subdi-
45 vision six of this section; and provided, further, that no new appor-
46 tionment shall be paid and the commissioner shall not approve any new
47 expenditures for school building purposes in any such district after
48 such date, except where the commissioner has made a determination as
49 herein provided.
50 (5) Nothing herein provided shall prevent a school district which has
51 heretofore been denied an apportionment subsequent to July first, nine-
52 teen hundred sixty-two from making an application hereunder, except that
53 any such apportionment which may be granted shall not be retroactive
54 beyond July first, nineteen hundred sixty-two.
55 S 4. This act shall take effect on the first of October next succeed-
56 ing the date on which it shall have become a law.
