S T A T E O F N E W Y O R K ________________________________________________________________________ 9334--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; to amend the education law, in relation to special act school districts 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to establishing 2 union free school district number 13 in the town of Greenburgh in the 3 county of Westchester, is REPEALED. 4 S 2.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 each 7 social services district and school district having resident children 8 served by the union free school district number thirteen, town of Green- 9 burgh in the county of Westchester, in the 2010-2011 school year in the 10 same proportion as the number of students placed by each such social 11 services district or school district and served by the union free school 12 district number thirteen, town of Greenburgh in the county of Westches- 13 ter, in the 2010-2011 school year bears to the total number of students 14 served by the union free school district number thirteen, town of Green- 15 burgh in the county of Westchester, in the 2010-2011 school year. 16 Though such union free school district number 13 be dissolved, section 17 1518 of the education law shall be deemed to apply, and it shall contin- 18 ue to exist in law for the purpose of providing for and paying all its 19 just debts; provided that the board of cooperative educational services 20 of the sole supervisory district of the county of Westchester (Southern EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14634-04-2 A. 9334--A 2 1 Westchester BOCES) shall be authorized to act on behalf of the school 2 district pursuant to section three of this act. 3 S 3. Notwithstanding any other provision of law to the contrary, 4 during any period in which there is no duly constituted board of educa- 5 tion of union free school district number 13, town of Greenburgh, county 6 of Westchester, Southern Westchester BOCES shall be authorized to take 7 any actions on behalf of the school district that are reasonably neces- 8 sary to complete the close-down and dissolution of the district that the 9 board of education would have, including but not limited to, the power 10 to enter contracts, pay debts and bill for and receive any reimbursement 11 due and owing for tuition pursuant to article 81 of the education law or 12 any other provision of law for services rendered to students on or 13 before the school district ceased operation on July 1, 2011. Any other 14 reasonable costs incurred for closedown of the school district, as 15 approved by the commissioner of education pursuant to subparagraph (ii) 16 of paragraph j of subdivision 4 of section 4405 of the education law, 17 shall be included in a closedown rate payable by each school district or 18 social services district responsible for tuition for students attending 19 the special act school district in the 2010-2011 school year. Notwith- 20 standing any other provision of law, rule or regulation to the contrary, 21 such closedown rate may be payable in three installments which shall be 22 as equal as practicable, over three consecutive years after the close- 23 down rate is established. In such capacity, such board of cooperative 24 educational services and its officers and employees shall be entitled to 25 defense and indemnification by the state pursuant to section 18 of the 26 public officers law. 27 S 4. The records of union free school district number 13, town of 28 Greenburgh, county of Westchester, shall be forwarded to the district 29 superintendent of schools of the Southern Westchester BOCES for preser- 30 vation. Notwithstanding any other provision of law to the contrary, such 31 records shall be deemed to be records of the Southern Westchester BOCES 32 for purposes of the management and disposition of such records and local 33 government records management grants pursuant to section 57.35 of the 34 arts and cultural affairs law. 35 S 5. Notwithstanding any other provision of law, rule or regulation to 36 the contrary, each social services district and school district having 37 resident children served by the union free school district number 13, 38 town of Greenburgh, county of Westchester, in the 2010-2011 school year 39 shall pay the costs of health insurance for all former employees of 40 union free school district number 13, town of Greenburgh, county of 41 Westchester for whom such school district agreed by contract to pay the 42 costs of health insurance in retirement in the same proportion as the 43 number of students placed by each such social services district or 44 school district and served by union free school district number 13, town 45 of Greenburgh, county of Westchester, in the 2010-2011 school year bears 46 to the total number of students served by the union free school district 47 number 13, town of Greenburgh in the county of Westchester, in the 48 2010-2011 school year. The Southern Westchester BOCES shall administer 49 the payment and billing for the health insurance premiums to and from 50 civil service and/or the health insurance carriers, the employees, and 51 each social services district and school district that is responsible 52 for such payments to ensure that the former employees' health insurance 53 remains in effect, to the extent required under the employees' contract 54 with the union free school district number 13, town of Greenburgh, coun- 55 ty of Westchester. Such annual amount shall be paid in a manner 56 prescribed by the commissioner. A. 9334--A 3 1 S 6. The territory comprising the union free school district number 2 13, town of Greenburgh, county of Westchester, shall revert to and 3 become part of the Irvington union free school district in the county of 4 Westchester. 5 S 7. Section 1 of chapter 566 of the laws of 1967, relating to provid- 6 ing for the apportionment of funds to certain special school districts, 7 as amended by chapter 478 of the laws of 2006, is amended to read as 8 follows: 9 Section 1. Notwithstanding the provisions of section 3602 and 3602-b 10 of the education law, and in lieu of any apportionments to which such 11 school districts might otherwise be entitled under such sections or 12 under any other provisions of law, the commissioner of education is 13 hereby authorized to include the following school districts in the annu- 14 al apportionment of public moneys and such apportionment shall be 15 computed in accordance with the provisions of sections two, three and 16 four of this act: union free school district number twenty-seven of the 17 town of Dryden, Tompkins county; union free school district number eight 18 of the town of Canaan, Columbia county; union free school districts 19 numbers ten, eleven[,] AND twelve [and thirteen] of the town of Green- 20 burgh, Westchester county; union free school districts numbers three and 21 four of the town of Mount Pleasant, Westchester county; union free 22 school district number six, Blythedale, town of Mount Pleasant, West- 23 chester county; and Randolph Children's Home union free school district 24 of the town of Randolph, Cattaraugus county; West Park union free school 25 district number two, town of Esopus, Ulster county; common school 26 district number seven of the town of Oyster Bay, Nassau county; the 27 Hopevale union free school district, town of Hamburg, Erie county; and 28 union free school district number three, town of Riverhead, Suffolk 29 county. 30 S 8. Subdivision 4 of section 4405 of the education law is amended by 31 adding a new paragraph j to read as follows: 32 J. (I) IF THE BOARD OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT 33 LISTED IN CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED 34 SIXTY-SEVEN, AS AMENDED, SEEKS TO CLOSE A SPECIAL ACT SCHOOL DISTRICT, 35 THE BOARD OF EDUCATION OF THE SPECIAL ACT SCHOOL DISTRICT SHALL PROVIDE 36 WRITTEN NOTICE TO THE COMMISSIONER OF EDUCATION WITH A PLAN FOR CLOSURE 37 OF THE SCHOOL AT LEAST NINETY DAYS PRIOR TO THE CLOSING DATE. SUCH PLAN 38 SHALL INCLUDE PROVISION FOR THE SAFE AND ORDERLY TRANSFER OF EACH 39 STUDENT WITH A DISABILITY WHO WAS PUBLICLY PLACED IN THE PROGRAM AND A 40 DETAILED AND ITEMIZED LIST OF ESTIMATED EXPENSES NECESSARY TO CLOSE DOWN 41 THE SCHOOL AND A DETAILED AND ITEMIZED LIST OF ANY ESTIMATED REVENUES TO 42 BE RECEIVED. 43 (II) DURING THE CLOSE-DOWN PERIOD AND UNTIL ALL NECESSARY FINANCIAL 44 OBLIGATIONS OF THE SCHOOL DISTRICT HAVE BEEN MET PURSUANT TO THIS PARA- 45 GRAPH, THE COMMISSIONER SHALL REQUIRE THE BOARD OF EDUCATION OF THE 46 SCHOOL DISTRICT TO PERIODICALLY SUBMIT, AS REQUIRED BY THE COMMISSIONER, 47 FINANCIAL REPORTS AND FINANCIAL STATEMENTS, DETAILING ANY TUITION, 48 AND/OR CLOSE-DOWN COSTS AND ANY REVENUES GENERATED. IN APPLYING THE 49 REIMBURSEMENT METHODOLOGY TO ANY REMAINING TUITION COSTS AND ANY OTHER 50 REASONABLE AND APPROPRIATE EXPENSES NEEDED TO CLOSE-DOWN THE SPECIAL ACT 51 SCHOOL DISTRICT, THE COMMISSIONER SHALL REJECT ANY CLOSE-DOWN COSTS THAT 52 ARE UNNECESSARY OR UNREASONABLE TO CLOSE-DOWN THE SCHOOL, WHETHER OR NOT 53 THE BOARD OF EDUCATION SUBMITS A CLOSE-DOWN PLAN. 54 S 9. Section 4403 of the education law is amended by adding a new 55 subdivision 21 to read as follows: A. 9334--A 4 1 21. TO REQUIRE SPECIAL ACT SCHOOL DISTRICTS LISTED IN CHAPTER FIVE 2 HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, AS 3 AMENDED, TO PROVIDE, ON AN ANNUAL BASIS OR MORE FREQUENTLY, AS NEEDED, 4 ENROLLMENT REPORTS, INCLUDING CURRENT AND PROJECTED ENROLLMENTS, 5 PROPOSED BUDGETS AND ANY FINANCIAL STATEMENTS THE COMMISSIONER DEEMS 6 APPROPRIATE, TO MONITOR THE FISCAL STABILITY OF SPECIAL ACT SCHOOL 7 DISTRICTS. 8 S 10. This act shall take effect immediately.