Bill Text: NY S05011 | 2021-2022 | General Assembly | Introduced


Bill Title: Authorizes the alteration of two or more school district boundaries by consent; provides that such alteration may be initiated by a petition in writing filed with the trustee, trustees or board of education of each school district; requires a joint feasibility study and joint public hearing on such alteration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S05011 Detail]

Download: New_York-2021-S05011-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 5011                                                  A. 5582

                               2021-2022 Regular Sessions

                SENATE - ASSEMBLY

                                    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:

     1    Section 1. The education law is amended by adding a new section 1527-d
     2  to read as follows:
     3    §  1527-d. Procedure for alteration of school district boundaries.  1.
     4  The boundaries of two or more common,  union  free,  or  central  school
     5  districts  that  are  contiguous and wholly contained within the Eastern
     6  Suffolk board of cooperative educational services  supervisory  district
     7  may be altered as provided by this section.
     8    2.  A  proposition  for  the  alteration in the boundaries of existing
     9  contiguous school districts may be initiated by:
    10    (a) a petition in writing filed with the trustee, trustees or board of
    11  education of each district that would be impacted by the proposed alter-
    12  ation in boundaries provided that such petition is signed  by  at  least
    13  twenty-five  qualified voters in each school district or five percent of
    14  the number of voters who voted in each school district in  the  previous
    15  annual  election  of  the members of the board of education or trustees,
    16  said number to be determined by the number of persons  recorded  on  the
    17  poll list as having voted at such election, whichever shall be greater;
    18    (b) a joint resolution by a majority of the trustees or members of the
    19  board  of  education  of  each  of  the districts affected by a proposed
    20  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

     1    3. The petition or joint resolution  shall  state  the  name  of  each
     2  district  affected, describe the boundaries of the territory proposed to
     3  be transferred, state the reasons  for  desiring  the  change,  and  the
     4  number  of  children  of  school  age, if any, residing in the territory
     5  proposed to be transferred.
     6    4.  Upon receipt of a citizen-initiated petition, or upon the adoption
     7  of joint resolution, the trustees or members of the board  of  education
     8  of  each  impacted  school  district shall undertake a joint feasibility
     9  study on the proposition for the alteration of school  district  bounda-
    10  ries.    Such  feasibility  study  shall be completed within one hundred
    11  twenty days of receipt of the citizen-initiated petition or joint resol-
    12  ution and shall contain the following information:
    13    (a) current and projected enrollments;
    14    (b) current and projected professional staffing plan;
    15    (c) current and projected housing plans;
    16    (d) a plan for education programs and curricula in the  district  that
    17  will  gain  the  territory  proposed to be transferred including student
    18  educational opportunities as measured  by  the  percentage  of  students
    19  performing  at each level of the statewide mandated assessments and data
    20  regarding student attendance, graduation, and dropout rates;
    21    (e) fiscal implications of the reorganization,  including  changes  in
    22  state  aid,  expenditures  and  local  tax  effort including all funding
    23  sources of the affected districts, equalization among  school  districts
    24  of  the  tax  burden, improvement in the economies in the administration
    25  and operation of schools, and  the  extent  the  proposed  change  would
    26  potentially  reduce or increase the individual and aggregate transporta-
    27  tion costs of the affected school districts;
    28    (f) whether or  not  geographic  accessibility  warrants  a  favorable
    29  consideration of a recommended alteration in school district boundaries,
    30  including  remoteness  or  isolation  of  places  of  residence and time
    31  required to travel to and from school;
    32    (g) the safety and  welfare  of  pupils.  For  the  purposes  of  this
    33  section,  "safety"  means  freedom or protection from danger, injury, or
    34  damage and "welfare" means a positive condition or  influence  regarding
    35  health, character, and well-being;
    36    (h)  the  history  and  relationship  of  the property affected to the
    37  students and communities affected; and
    38    (i) other factors deemed relevant by the trustees or  members  of  the
    39  board of education to the proposed alteration of school district bounda-
    40  ries.
    41    The joint feasibility study shall be made available to the public upon
    42  request  once  it is completed. In the event that more than one proposi-
    43  tion for the alteration in the boundaries of existing contiguous  school
    44  districts  is  initiated  during a five year period, commencing with the
    45  first proposition, pertaining to the  same  or  substantially  the  same
    46  territory to be transferred to the same school district, the trustees or
    47  members of the board of education of each impacted school district shall
    48  be  authorized  to either utilize or amend an existing joint feasibility
    49  study in order to comply with the provisions of this section.
    50    5. Within thirty days after completing the joint feasibility study  on
    51  the  proposition for the alteration of school district boundaries pursu-
    52  ant to subdivision four of this section, the trustees or members of  the
    53  board  of  education  of  each  of  the districts affected by a proposed
    54  transfer of territory shall hold a joint  public  hearing  in  order  to
    55  present the findings contained within the joint feasibility study and to
    56  provide  the qualified voters of each district with an opportunity to be

        S. 5011                             3                            A. 5582

     1  heard on the proposition. Notice of such joint public hearing  shall  be
     2  mailed to all qualified voters of the impacted school districts no later
     3  than fourteen days prior to the hearing. Such notice shall include:
     4    (a) the time, date, and location of the hearing;
     5    (b)  the  time,  date  and location of the special district meeting at
     6  which a vote will occur pursuant to subdivision six of this section; and
     7    (c) the name of each district affected, a description of  the  bounda-
     8  ries  of the territory proposed to be transferred, the reasons stated in
     9  the petition or resolution for desiring the change, and  the  number  of
    10  children of school age, if any, residing in the territory proposed to be
    11  transferred.
    12    6.  Within  forty-five days after the joint public hearing pursuant to
    13  subdivision five of this section, each school district impacted  by  the
    14  proposition  for the alteration of school district boundaries shall hold
    15  a special meeting of the qualified voters, to afford the voters of  each
    16  district  an opportunity to approve or reject such proposition. A simple
    17  majority of each district shall determine approval or rejection provided
    18  that in order for a proposition for the alteration  of  school  district
    19  boundaries  to  be deemed approved, the voters of all impacted districts
    20  must approve such proposition. Notice of the  time  and  place  of  such
    21  special meeting of the qualified  voters and the purpose for which it is
    22  called shall be contained within the hearing notice required pursuant to
    23  subdivision  five  of  this section and shall be published at least four
    24  times within the forty-five days preceding  such  special  meeting,  the
    25  first publication to be at least thirty days before said meeting, in two
    26  newspapers  if there shall be two, or in one newspaper if there shall be
    27  but  one,  having  general  circulation  within  the   impacted   school
    28  districts. But if no newspaper shall then have general circulation ther-
    29  ein,  the  said  notice  shall  be posted in at least twenty of the most
    30  public places in said district forty-five days before the time  of  such
    31  special meeting.
    32    7.  The  trustee,  trustees or board of education of each district may
    33  establish rules limiting the frequency  of  citizen-initiated  petitions
    34  that  may  be filed pertaining to territory included in whole or in part
    35  in a previous citizen-initiated petition  within  a  five  year  period;
    36  provided that if a majority of the qualified electors present and voting
    37  from  each  district  are not in favor of the proposition for the alter-
    38  ation of school district boundaries, the same proposition or any  propo-
    39  sition  pertaining to the territory included in whole or in part of such
    40  proposition cannot be voted upon again for a period of one year.
    41    8. A proposition that is approved on  or  after  March  first  in  any
    42  school  year  shall  not  be  authorized to take effect sooner than July
    43  first, of the second school year next following.
    44    § 2. This act shall take effect immediately and shall  expire  and  be
    45  deemed repealed five years after such effective date.
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