Bill Text: NY A09334 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the dissolution of union free school district number 13 in the town of Greenburgh in Westchester county; and relates to eliminating reference to such union free school district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-20 - substituted by s6490a [A09334 Detail]

Download: New_York-2011-A09334-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9334
                                 I N  A S S E M B L Y
                                   February 16, 2012
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Education
       AN  ACT  to amend chapter 566 of the laws of 1967, relating to providing
         for  the  apportionment  of  funds  to  certain  special  act   school
         districts,  in  relation  to  eliminating reference to such union free
         school district number 13; and to repeal chapter 559 of  the  laws  of
         1972, relating to establishing union free school district number 13 in
         the  town  of Greenburgh in the county of Westchester, relating to the
         dissolution of such union free school district
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Chapter 559 of the laws of 1972, relating to establishing
    2  union free school district number 13 in the town of  Greenburgh  in  the
    3  county of Westchester, is REPEALED.
    4    S  2.  Any  funds remaining in the possession of the union free school
    5  district number 13, town of Greenburgh, county of Westchester, after all
    6  of its debts and obligations have been paid, shall be paid over  to  the
    7  board  of  cooperative  educational  services  of  the  sole supervisory
    8  district of the county of Westchester (Southern Westchester  BOCES)  for
    9  the  services  provided  to  such union free school district pursuant to
   10  section three of this act. Though such union free school district number
   11  13 be dissolved, section 1518 of the education law shall  be  deemed  to
   12  apply,  and it shall continue to exist in law for the purpose of provid-
   13  ing for and paying all its just debts; provided that the board of  coop-
   14  erative  educational  services  of  the sole supervisory district of the
   15  county of Westchester (Southern Westchester BOCES) shall  be  authorized
   16  to  act  on  behalf  of the school district pursuant to section three of
   17  this act.
   18    S 3. Notwithstanding any other  provision  of  law  to  the  contrary,
   19  during  any period in which there is no duly constituted board of educa-
   20  tion of union free school district number 13, town of Greenburgh, county
   21  of Westchester, the board of cooperative  educational  services  of  the
   22  sole  supervisory  district of the county of Westchester (Southern West-
   23  chester BOCES) shall be authorized to take any actions on behalf of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14634-01-2
       A. 9334                             2
    1  school district that are reasonably necessary to complete the close down
    2  and  dissolution of the district that the board of education would have,
    3  including but not limited to, the power to enter  contracts,  pay  debts
    4  and  bill for and receive any reimbursement due and owing for tuition or
    5  maintenance pursuant to article 81 of the education  law  or  any  other
    6  provision  of  law  for  services  rendered to students on or before the
    7  school district ceased operation on July 1, 2011. In such capacity, such
    8  board of cooperative educational services and its officers and employees
    9  shall be entitled to defense and indemnification by the  state  pursuant
   10  to section seventeen of the public officers law.
   11    S  4.  The  records  of  union free school district number 13, town of
   12  Greenburgh, county of Westchester, shall be forwarded  to  the  district
   13  superintendent  of schools of the sole supervisory district of the coun-
   14  ties of  Orange  and  Ulster  (Orange-Ulster  BOCES)  for  preservation.
   15  Notwithstanding any other provision of law to the contrary, such records
   16  shall  be  deemed  to be the records of such board of cooperative educa-
   17  tional services for purposes of the management and disposition  of  such
   18  records.
   19    S 5. Notwithstanding any other provision of law, rule or regulation to
   20  the  contrary, all former employees of union free school district number
   21  13, town of Greenburgh, county  of  Westchester  for  whom  such  school
   22  district  agreed  by  contract  to  pay the costs of health insurance in
   23  retirement shall, as of the  effective  date  of  this  act,  be  deemed
   24  retired  employees  of  the state of New York entitled to participate in
   25  the New York state health insurance program under the terms  and  condi-
   26  tions  of such program applicable to managerial and confidential employ-
   27  ees of the state.
   28    S 6. The territory comprising the union free  school  district  number
   29  13,  town  of  Greenburgh,  county  of  Westchester, shall revert to and
   30  become part of the Irvington union free school district in the county of
   31  Westchester.
   32    S 7. Section 1 of chapter 566 of the laws of 1967, relating to provid-
   33  ing for the apportionment of funds to certain special school  districts,
   34  as  amended  by  chapter  213 of the laws of 2011, is amended to read as
   35  follows:
   36    Section 1. Notwithstanding the provisions of section 3602  and  3602-b
   37  of  the  education  law, and in lieu of any apportionments to which such
   38  school districts might otherwise be  entitled  under  such  sections  or
   39  under  any  other  provisions  of  law, the commissioner of education is
   40  hereby authorized to include the following school districts in the annu-
   41  al apportionment of  public  moneys  and  such  apportionment  shall  be
   42  computed  in  accordance  with the provisions of sections two, three and
   43  four of this act: union free school district number twenty-seven of  the
   44  town of Dryden, Tompkins county; union free school district number eight
   45  of  the  town  of  Canaan,  Columbia county; union free school districts
   46  numbers ten, eleven, AND twelve [and thirteen] of  the  town  of  Green-
   47  burgh, Westchester county; union free school districts numbers three and
   48  four  of  the  town  of  Mount  Pleasant, Westchester county; union free
   49  school district number six, Blythedale, town of  Mount  Pleasant,  West-
   50  chester  county; and Randolph Children's Home union free school district
   51  of the town of Randolph, Cattaraugus county; West Park union free school
   52  district number two,  town  of  Esopus,  Ulster  county;  common  school
   53  district  number  seven  of  the  town of Oyster Bay, Nassau county; and
   54  union free school district number  three,  town  of  Riverhead,  Suffolk
   55  county.
       A. 9334                             3
    1    S  8.  This  act shall take effect immediately; provided, however that
    2  section seven of this act shall take  effect  upon  the  dissolution  of
    3  union  free  school  district  number three in the town of Hamburg, Erie
    4  county pursuant to the provisions of section 3 of  chapter  213  of  the
    5  laws of 2011.