Bill Text: NY A06715 | 2013-2014 | General Assembly | Amended

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Bill Title: Establishes procedures for the orderly closure of a special act school district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-23 - signed chap.362 [A06715 Detail]

Download: New_York-2013-A06715-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6715--B
                                                               Cal. No. 317
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 17, 2013
                                      ___________
       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Education -- reported and referred to the  Committee  on  Ways  and
         Means  --  committee  discharged,  bill  amended, ordered reprinted as
         amended and recommitted to said committee -- ordered to a third  read-
         ing  --  passed by Assembly and delivered to the Senate, recalled from
         the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
         retaining its place on the order of third reading
       AN  ACT  to  amend  the education law, in relation to special act school
         districts
         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  4405 of the education law is
    2  amended by adding a new paragraph j to read as follows:
    3    J. (I) IF THE BOARD OF EDUCATION OF  A  SPECIAL  ACT  SCHOOL  DISTRICT
    4  LISTED IN CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED
    5  SIXTY-SEVEN,  AS  AMENDED, SEEKS TO CLOSE A SPECIAL ACT SCHOOL DISTRICT,
    6  THE BOARD OF EDUCATION OF THE SPECIAL ACT SCHOOL DISTRICT SHALL  PROVIDE
    7  WRITTEN NOTICE TO THE COMMISSIONER WITH A PLAN FOR CLOSURE OF THE SCHOOL
    8  AT  LEAST NINETY DAYS PRIOR TO THE CLOSING DATE. SUCH PLAN SHALL INCLUDE
    9  PROVISION FOR THE SAFE AND ORDERLY TRANSFER OF EACH STUDENT WITH A DISA-
   10  BILITY WHO WAS PUBLICLY PLACED IN THE PROGRAM AND A DETAILED  AND  ITEM-
   11  IZED  LIST OF ESTIMATED EXPENSES NECESSARY TO CLOSE  DOWN THE SCHOOL AND
   12  A DETAILED AND ITEMIZED LIST OF ANY ESTIMATED REVENUES TO BE RECEIVED.
   13    (II) DURING THE CLOSE-DOWN PERIOD AND UNTIL  ALL  NECESSARY  FINANCIAL
   14  OBLIGATIONS  OF THE SCHOOL DISTRICT HAVE BEEN MET PURSUANT TO THIS PARA-
   15  GRAPH, THE COMMISSIONER SHALL REQUIRE THE  BOARD  OF  EDUCATION  OF  THE
   16  SCHOOL DISTRICT TO PERIODICALLY SUBMIT, AS REQUIRED BY THE COMMISSIONER,
   17  FINANCIAL  REPORTS  AND  FINANCIAL  STATEMENTS,  DETAILING  ANY TUITION,
   18  AND/OR CLOSE-DOWN COSTS AND ANY  REVENUES  GENERATED.  IN  APPLYING  THE
   19  REIMBURSEMENT  METHODOLOGY  TO ANY REMAINING TUITION COSTS AND ANY OTHER
   20  REASONABLE AND APPROPRIATE EXPENSES NEEDED TO CLOSE-DOWN THE SPECIAL ACT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10183-05-4
       A. 6715--B                          2
    1  SCHOOL DISTRICT, THE COMMISSIONER SHALL REJECT ANY CLOSE-DOWN COSTS THAT
    2  ARE UNNECESSARY OR UNREASONABLE TO CLOSE-DOWN THE SCHOOL, WHETHER OR NOT
    3  THE BOARD OF EDUCATION SUBMITS A CLOSE-DOWN PLAN.
    4    S  2.    Section  4403 of the education law is amended by adding a new
    5  subdivision 21 to read as follows:
    6    21. (A) TO REQUIRE SPECIAL ACT SCHOOL DISTRICTS LISTED IN CHAPTER FIVE
    7  HUNDRED SIXTY-SIX OF  THE  LAWS  OF  NINETEEN  HUNDRED  SIXTY-SEVEN,  AS
    8  AMENDED,  TO  PROVIDE, ON AN ANNUAL BASIS OR MORE FREQUENTLY, AS NEEDED,
    9  ENROLLMENT  REPORTS,  INCLUDING  CURRENT  AND   PROJECTED   ENROLLMENTS,
   10  PROPOSED  BUDGETS  AND  ANY FINANCIAL INFORMATION THE COMMISSIONER DEEMS
   11  APPROPRIATE, WHICH SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  OUTSTANDING
   12  REVENUE  ANTICIPATION  NOTES  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
   13  ONE OF SECTION FIFTY-FIVE OF THE STATE  FINANCE  LAW,  BALANCE  OWED  TO
   14  EMPLOYEE  BENEFIT SYSTEMS, OUTSTANDING BONDS, LEASE COSTS, AND ANY OTHER
   15  DEBTS TO MONITOR THE FISCAL STABILITY OF SPECIAL ACT SCHOOL DISTRICTS.
   16    (B) UPON RECEIVING THE INFORMATION IDENTIFIED IN PARAGRAPH (A) OF THIS
   17  SUBDIVISION, THE DEPARTMENT SHALL DETERMINE IF ANY SPECIAL ACT  DISTRICT
   18  IS  IN  NEED  OF  FINANCIAL GUIDANCE AND ASSISTANCE UPON A COMPREHENSIVE
   19  REVIEW OF SUCH INFORMATION PROVIDED. UPON A DETERMINATION THAT A SPECIAL
   20  ACT DISTRICT IS IN  NEED  OF  FINANCIAL  GUIDANCE  AND  ASSISTANCE,  THE
   21  DEPARTMENT  SHALL,  AS  SOON  AS  PRACTICABLE, PROVIDE THE DISTRICT WITH
   22  SPECIFIC RECOMMENDATIONS TO IMPROVE THE SPECIAL ACT DISTRICT'S FINANCIAL
   23  STANDING IN THE SHORT AND LONG-TERM.
   24    S 3. This act shall take effect immediately.