S T A T E   O F   N E W   Y O R K
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    S. 2127                                                  A. 2293

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 11, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- 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  consolidation  of
  school districts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 1509-a
to read as follows:
  S 1509-A. SCHOOL DISTRICT CONSOLIDATION. 1. THE DEPARTMENT  IS  HEREBY
AUTHORIZED  AND DIRECTED TO CONDUCT A STUDY TO IDENTIFY SCHOOL DISTRICTS
WITHIN THE STATE THAT MAY BENEFIT FROM CONSOLIDATION WITH  ONE  OR  MORE
SCHOOL  DISTRICT.  THE  STUDY  SHALL BE LIMITED IN SCOPE TO INCLUDE EACH
SCHOOL DISTRICT WITHIN THE STATE WITH ONE THOUSAND STUDENTS OR LESS  AND
ANY  SCHOOL  DISTRICT  THAT EITHER: (1) SHARES A COMMON BORDER WITH SUCH
DISTRICT; OR (2) HAS AN EXISTING CONTRACT TO EDUCATE SOME OR ALL OF  THE
STUDENTS  OF SUCH DISTRICT WITH ONE THOUSAND STUDENTS OR LESS.  CRITERIA
USED TO DETERMINE WHICH SCHOOL DISTRICTS SHALL BE CONSIDERED FOR CONSOL-
IDATION SHALL BE DETERMINED BY  THE  DEPARTMENT.  THE  DEPARTMENT  SHALL
ISSUE  A  REPORT BASED ON THE FINDINGS OF SUCH STUDY WHICH SHALL CLEARLY
IDENTIFY THE SCHOOL DISTRICTS THAT THE DEPARTMENT RECOMMENDS FOR CONSOL-
IDATION.
  2. THE REPORT ISSUED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
BE COMPLETED WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.
SUCH REPORT SHALL BE MADE AVAILABLE FOR REVIEW BY THE PUBLIC  AND  SHALL
BE POSTED ON THE DEPARTMENT'S INTERNET WEB PAGE.
  3. EACH PROPOSED CONSOLIDATION IDENTIFIED IN THE REPORT RECOMMENDED BY
THE DEPARTMENT SHALL BE THE SUBJECT OF PUBLIC HEARINGS IN A MANNER TO BE
DETERMINED  BY  THE  DEPARTMENT.  A HEARING SHALL BE HELD IN EACH SCHOOL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01688-01-3
              

S. 2127                             2                            A. 2293

DISTRICT WHICH IS PROPOSED TO BE PART OF A CONSOLIDATION. WITHIN  THIRTY
DAYS  AFTER THE COMPLETION OF SUCH PUBLIC HEARINGS, THE DEPARTMENT SHALL
PUBLISH A FINAL LIST OF SCHOOL DISTRICTS THAT THE DEPARTMENT  RECOMMENDS
FOR  CONSOLIDATION.  SUCH LIST SHALL BE MADE AVAILABLE FOR REVIEW BY THE
PUBLIC AND SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEB PAGE.
  4. EACH SCHOOL DISTRICT IDENTIFIED IN THE LIST  DIRECTED  TO  BE  MADE
PURSUANT  TO SUBDIVISION THREE OF THIS SECTION SHALL ESTABLISH A CITIZEN
ADVISORY COMMITTEE. THE MEMBERSHIP OF EACH  CITIZEN  ADVISORY  COMMITTEE
SHALL BE ESTABLISHED IN A MANNER TO BE DETERMINED BY THE DEPARTMENT.
  5. THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO CONDUCT A STUDY
FOR EACH PROPOSED CONSOLIDATION SET FORTH IN THE LIST PURSUANT TO SUBDI-
VISION  THREE OF THIS SECTION ON THE FEASIBILITY OF THE CONSOLIDATION OF
SUCH DISTRICTS. EACH FEASIBILITY STUDY SHALL BE CONDUCTED IN CONJUNCTION
AND COOPERATION WITH THE LOCAL CITIZEN ADVISORY COMMITTEE.  THE  DEPART-
MENT SHALL ISSUE A REPORT FOR EACH SCHOOL DISTRICT BASED ON THE FINDINGS
OF  EACH SUCH FEASIBILITY STUDY WITHIN NINETY DAYS AFTER THE PUBLICATION
OF THE LIST PREPARED PURSUANT TO SUBDIVISION THREE OF THIS SECTION. EACH
REPORT SHALL BE MADE AVAILABLE FOR REVIEW BY THE COMMUNITY IN WHICH SUCH
SCHOOL DISTRICT IS LOCATED AND  SHALL  BE  POSTED  ON  THE  DEPARTMENT'S
INTERNET WEB PAGE.
  6.  UPON  COMPLETION OF EACH FEASIBILITY STUDY AUTHORIZED AND DIRECTED
TO BE MADE PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  EACH  SCHOOL
DISTRICT  SHALL  CONDUCT PUBLIC HEARINGS IN A MANNER TO BE DETERMINED BY
THE DEPARTMENT. UPON THE COMPLETION OF SUCH  PUBLIC  HEARINGS  A  PUBLIC
REFERENDUM  TO APPROVE OR DISAPPROVE SUCH CONSOLIDATION SHALL BE SUBMIT-
TED  TO  THE  ELIGIBLE  VOTERS  RESIDING  IN  THE  CONSOLIDATING  SCHOOL
DISTRICTS.  A MAJORITY VOTE OF EACH SCHOOL DISTRICT PROPOSED FOR CONSOL-
IDATION SHALL BE REQUIRED TO EFFECTUATE THE PROPOSED CONSOLIDATION.
  7.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, EACH SCHOOL DISTRICT
CONSOLIDATED PURSUANT TO THIS SECTION SHALL RECEIVE  AN  ADDITIONAL  TEN
PERCENT OF STATE AID FOR TWENTY YEARS FOLLOWING SUCH CONSOLIDATION. SUCH
ADDITIONAL  STATE  AID  SHALL  BE CALCULATED USING THE HIGHEST STATE AID
RATIO OF THE CONSOLIDATING SCHOOL DISTRICTS.
  8. ADDITIONAL STATE AID GRANTED PURSUANT TO SUBDIVISION SEVEN OF  THIS
SECTION  SHALL  BE  USED  SOLELY  FOR THE COSTS OF THE CONSOLIDATION AND
REORGANIZATION OF SUCH DISTRICT, TO IMPROVE  THE  QUALITY  OF  EDUCATION
WITHIN  THE  CONSOLIDATED  SCHOOL  DISTRICT  OR TO REDUCE TAXES. NO SUCH
ADDITIONAL STATE AID SHALL BE USED TO INCREASE SALARIES OR  BENEFITS  OF
SCHOOL DISTRICT ADMINISTRATORS, TEACHERS AND STAFF.
  S 2. This act shall take effect immediately.