Bill S5593-2011

Relates to the Randolph Academy union free school district and the dissolution of union free school district number 3 in the town of Hamburg

Relates to the Randolph Academy union free school district and the dissolution of union free school district number 3 in the town of Hamburg.

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Actions

  • Jul 20, 2011: SIGNED CHAP.213
  • Jul 8, 2011: DELIVERED TO GOVERNOR
  • Jun 15, 2011: returned to senate
  • Jun 15, 2011: passed assembly
  • Jun 15, 2011: ordered to third reading rules cal.290
  • Jun 15, 2011: substituted for a8100
  • Jun 14, 2011: referred to ways and means
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 14, 2011: ORDERED TO THIRD READING CAL.1259
  • Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 3, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011
Ayes (22): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane
Nays (1): Parker

Memo

BILL NUMBER:S5593

TITLE OF BILL: An act to amend chapter 140 of the laws of 1985 relating to establishing the Randolph Children's Home union free school district, chapter 934 of the laws of 1971 relating to the establishing and constituting as a separate union free school district certain territory in the town of Hamburg in the county of Erie, chapter 566 of the laws of 1967 relating to providing for the apportionment of funds to certain special school districts, chapter 737 of the laws of 1988 amending the education law and other laws relating to the apportionment of funds to certain school districts, and to amend the public authorities law, in relation to the Randolph Academy union free school district

PURPOSE: The purpose of the legislation is to provide for the expansion of the existing territory of the Randolph Academy union free school district located in the town of Randolph, county of Cattaraugus to include the territory which currently comprises the union free school district number three in the Town of Hamburg, county of Erie commonly known as the Hopevale union free school district. This territory expansion will allow the Randolph Academy union free school district to continue to fulfill the educational service needs of the county of Erie once the Hopevale union free school district is dissolved by the legislation. Finally, the legislation will permit the Randolph Academy union free school district to acquire the buildings in the territory of the Hopevale union free school district and to finance such acquisition, if purchased, through the Dormitory Authority of the State of New York.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the existing authority of Randolph Academy union free school district by renumbering existing section 4 of chapter 140 of the laws of 1985 to "4.a." and adding new §4. b. through §4.d.

§4.b. authorizes Randolph Academy union free school district, with the consent of the New York State Education Department, to acquire, purchase, lease or otherwise operate the territory and buildings constituting the union free school district number three, town of Hamburg, county of Erie (known as the Hopevale union free school district) and to operate educational programs approved by the state education department at such site.

§4.c. allows Randolph Academy union free school district territory to include the Hopevale union free school district territory for so long as such territory is held by deed or lease, and upon any termination of such interest, allows for the reversion of the territory to the Frontier central school district provided all the bonds or notes issued by the Dormitory Authority of the State of New York in connection with the financing of certain improvements in such territory are no longer outstanding.

§4.d. authorizes the Randolph Academy union free school district, with the consent of the state education department, to operate, purchase or lease the territory, facilities and assets currently or formerly of the union free school district number three, town of Hamburg, county of Erie known as Hopevale union free school district and/or owned by Hopevale, Inc.

Section two amends the existing provisions of chapter 934 of the laws of 1971 and chapter 501 of the laws of 1986 relating to the Hopevale union free school district by amending the existing §3.a) by providing an exception to the required reversion of the territory comprising such school district to the Frontier central school district upon the ceasing of its operation in the case of continued operation by the Randolph Academy union free school district.

Section two also adds a new §3.b), whereby only a portion of the existing territory of the Hopevale union free school district is acquired, purchased or leased or otherwise operated by the Randolph Academy union free school district, the remaining portion of such territory shall cease to be a part of the Hopevale union free school district and if such remaining portion is sold to a party other than Randolph Academy union free school district, such territory shall revert to the Frontier Union free school district.

Section three adds four new sections (6, 7, 8 and 9) to chapter 934 of the laws of 1971 relating to the Hopevale union free school district.

§6 states that if the territory of the Hopevale union free school district is purchased by a party other than Hopevale, Inc, Our Lady of Refuge or the Randolph Academy union free school district, such district known as the Hopevale union free school district continues to exist as a non-operating union free school district only for the purposes set forth in section 8 of the act, and when the bonds or notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such school district are no longer outstanding, the Hopevale union free school district shall be dissolved and its territory shall revert to the Frontier central school district, and while non-operating, the Hopevale union free school district shall be ineligible for state aid.

§7 provides that in the event all or a portion of the territory of the Hopevale union free school district is acquired, purchases, leased or otherwise operated by the Randolph Academy union free school district, the Hopevale union free school district will continue as a non-operation school district only for the purposes described in section 8 of the act for the duration of the period in which Randolph Academy owns, leases or operates such territory or until the bonds or notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such school district are no longer outstanding, and during such period as a non-operating school district, the Hopevale union free school district shall be ineligible for state aid and will be dissolved at the conclusion of such period.

§8 of the bill is divided into two subsections. Subsection a. provides for the continuation of the Hopevale union free school district as a non-operating school district when its territory is acquires, leased

or otherwise operated by Randolph Academy until such time as the bonds and notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such .school district are no longer outstanding and provides for the distribution of the remaining assets of such union free school district after such time to the first supervisor district of Erie county unless otherwise provided. Subsection b. provides for the delivery of the records of the Hopevale union free school district upon its dissolution to the first supervisor district of Erie county unless otherwise provided.

§9 of the bill states that in the event the territory of the Hopevale union free school district is acquired, purchase, leased or otherwise operated by the Randolph Academy union free school district, the records {subsection a.} and remaining funds (subsection b.) of Hopevale union free school district shall be delivered to Randolph Academy union free school district. Subsection c. authorizes Randolph Academy union free school district to receive reimbursement for tuition or maintenance pursuant to provisions of the education law and to receive building aid payments for payment to the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such school district. Subsection d. authorizes the funds held by the state comptroller for payment of the bonds and notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at the Hopevale union free school district to continue to be so held for such payment(s).

Section four authorizes, but does not require, Randolph Academy union free school district to assume the obligations of the Hopevale Union free school district to the Dormitory Authority of the State of New York or to operate the facilities at such school district, and authorizes each such school district to enter into such agreements as are necessary to fulfill such intent.

Section five deletes the reference to the Hopevale union free school district from the apportionment of certain state funds under chapter 566 of the laws of 1967.

Section six adds a new undesignated paragraph to paragraph (b) of subdivision 2 of section 1676 of the public authorities law and adds Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities located in Erie county, New York.

Section seven adds a new undesignated paragraph to subdivision 1 of section 1680 of the public authorities law authorizing the Dormitory Authority of the State of New York to extend financing to the Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities located in Erie county, New York.

Section eight adds a new section 3{a) to chapter 737 of the laws of 1988 and authorizes Randolph academy union free school district to enter into certain agreements and leases with the Dormitory Authority of the State of New York to the extension of financing to the

Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities located in Erie county, New York.

Section nine states the effective date of the bill as July 1, 2011.

JUSTIFICATION:

Both Hopevale union free school district (HUFSD) and Randolph Academy union free school district (RAUFSD) are special act public school districts located in Western New York. Both special act public school districts were created by the legislature to provide intensive quality education for special needs students within specified residential facilities. The special act public school district's programs are approved by the New York State Education Department, offering such services as therapy, counseling, and behavior management in addition to a full twelve month academic program. While the authority to provide educational services is contingent on the existence of the residential facility, special act public school districts also provide services to day students.

Both HUFSD and RAUFSD are located on property owned by private entities. Hopevale Inc., the residential facility that serves the students of HUFSD, has recently elected to close. As stated, without a residential facility, HUFSD loses its authority to provide educational services and therefore is required to close as well. This loss affects not only the educational program and related services provided to the residential students, but also the students participating in HUFSD's day program. The closure of HUFSD will negatively impact the special needs children living in Western New York.

This legislation permits RAUFSD to continue providing the educational services needed in Erie county by extending its territory to include the HUFSD. The legislation permits RAUFSD to acquire, purchase, lease or otherwise operate the faculties located at HUFSD, and authorize the Dormitory Authority of the State of New York to extend financing to the RAUFSD for the purpose of such acquisition, purchase or lease.

These are necessary provisions required to ensure that the students served by HUFSD will continue to receive educational and related services that meet the specialized needs of their individual educational plans.

In addition, by authorizing RAUFSD to extend its service area the legislation provides an opportunity for 50 jobs to be saved which would otherwise been lost to the closure of HUFSD.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect July 1, 2011, provided that if it shall become a law after such date, this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2011; except that section five of this act shall take effect upon dissolution of union free school district number three in the town of Hamburg, Erie county pursuant to the provisions of section three of this act.


Text

STATE OF NEW YORK ________________________________________________________________________ 5593 2011-2012 Regular Sessions IN SENATE June 3, 2011 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend chapter 140 of the laws of 1985 relating to establishing the Randolph Children's Home union free school district, chapter 934 of the laws of 1971 relating to the establishing and constituting as a separate union free school district certain territory in the town of Hamburg in the county of Erie, chapter 566 of the laws of 1967 relat- ing to providing for the apportionment of funds to certain special school districts, chapter 737 of the laws of 1988 amending the educa- tion law and other laws relating to the apportionment of funds to certain school districts, and to amend the public authorities law, in relation to the Randolph Academy union free school district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4 of chapter 140 of the laws of 1985 relating to establishing the Randolph Children's Home union free school district, is amended to read as follows: S 4. A. Whenever any territory adjoining any part of the territory described in this act, shall be acquired or purchased by the Western New York Society for the Protection of Homeless and Dependent Children, or shall be held by said society in accordance with the provisions of the not-for-profit corporation law, the same shall become a part of the union free school district hereby established and shall, together with the territory described in this act, enjoy all the powers and privileges of a union free school district under the provisions of the education law. B. THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, SUBJECT TO THE CONSENT OF THE STATE EDUCATION DEPARTMENT, IS AUTHORIZED TO ACQUIRE, PURCHASE, LEASE, OR OTHERWISE OPERATE ANY PART OR ALL OF THE TERRITORY CONSTITUTING THE UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE TOWN OF
HAMBURG, ERIE COUNTY AS CREATED BY CHAPTER 934 OF THE LAWS OF 1971, AS AMENDED BY CHAPTER 501 OF THE LAWS OF 1986, AND THE FACILITIES AVAILABLE TO BE USED BY THE UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE TOWN OF HAMBURG, ERIE COUNTY IN FULFILLING ITS PURPOSES AND SITUATED ON SUCH TERRITORY, FOR THE PURPOSE OF OPERATING EDUCATIONAL PROGRAMS APPROVED BY THE STATE EDUCATION DEPARTMENT AT SUCH SITE. C. ANY TERRITORY ACQUIRED, PURCHASED, LEASED OR OTHERWISE OPERATED BY THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT AS SET FORTH IN SUBDIVI- SION B OF THIS SECTION SHALL BECOME PART OF SUCH UNION FREE SCHOOL DISTRICT FOR SO LONG AS SUCH TERRITORY IS HELD BY SUCH UNION FREE SCHOOL DISTRICT BY DEED, LEASE, OR OTHERWISE. WHERE SUCH ACQUISITION IS BY LEASE, OR OTHER AGREEMENT HAVING A FIXED TERM OR IS TERMINABLE BY ANY PARTY, SUCH TERRITORY SHALL CEASE TO BE A PART OF THE UNION FREE SCHOOL DISTRICT CREATED BY THIS ACT AND SHALL REVERT TO, AND BECOME A PART OF, THE FRONTIER CENTRAL SCHOOL DISTRICT IN THE COUNTY OF ERIE UPON THE EXPIRATION OR TERMINATION OF SUCH LEASE OR OTHER AGREEMENT OR WHEN ANY BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IN CONNECTION WITH THE FINANCING OF CERTAIN IMPROVEMENTS MADE AT SUCH FACILITIES PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION ARE NO LONGER OUTSTANDING, WHICHEVER IS LATER. D. THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT IS AUTHORIZED, SUBJECT TO THE CONSENT OF THE STATE EDUCATION DEPARTMENT, TO OPERATE AND/OR PURCHASE AND/OR LEASE THE TERRITORY, FACILITIES, AND ASSETS CURRENTLY OR FORMERLY OF THE UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE TOWN OF HAMBURG, ERIE COUNTY, KNOWN AS THE HOPEVALE UNION FREE SCHOOL DISTRICT AND/OR OWNED BY HOPEVALE, INC. S 2. Section 3 of chapter 934 of the laws of 1971 relating to estab- lishing and constituting as a separate union free school district certain territory in the town of Hamburg in the county of Erie, as amended by chapter 501 of the laws of 1986, is amended to read as follows: 3. a) Whenever any part of the territory described in this act shall be sold by Hopevale Inc. or Our Lady of Charity Refuge or shall cease to be held by said Hopevale, Inc. or Our Lady of Charity Refuge OTHER THAN TO THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT ESTABLISHED BY CHAP- TER 140 OF THE LAWS OF 1985, in accordance with the provisions of the not-for-profit corporation law, the same shall cease to be a part of the school district hereby established and shall revert to and become a part of the school district from which said territory is separated by the passage of this act. NOTWITHSTANDING THE FOREGOING, ANY PART OF THE TERRITORY DESCRIBED IN THE ACT SOLD BY HOPEVALE INC. OR OUR LADY OF CHARITY REFUGE, OTHER THAN TO THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT ESTABLISHED BY CHAPTER 140 OF THE LAWS OF 1985, THAT IS IMPROVED WITH THE PROCEEDS OF ANY BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL REVERT TO AND BECOME A PART OF THE SCHOOL DISTRICT FROM WHICH SAID TERRITORY IS SEPARATED BY THE PASSAGE OF THIS ACT ONLY WHEN SUCH BONDS OR NOTES ARE NO LONGER OUTSTANDING. B) WHENEVER ONLY A PORTION OF THE TERRITORY DESCRIBED IN THIS ACT IS ACQUIRED, PURCHASED, LEASED OR OTHERWISE OPERATED BY THE RANDOLPH ACADE- MY UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION B OF SECTION 4 OF CHAPTER 140 OF THE LAWS OF 1985, THE REMAINING PORTION OF SUCH TERRITORY SHALL, UPON ITS SALE, CEASE TO BE A PART OF UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY, AND, IF SUCH SALE IS TO A PARTY OTHER THAN THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT
ESTABLISHED BY CHAPTER 140 OF THE LAWS OF 1985, SHALL REVERT TO AND BECOME A PART OF THE FRONTIER CENTRAL SCHOOL DISTRICT. S 3. Section 6 of chapter 934 of the laws of 1971, relating to the establishing and constituting as a separate union free school district certain territory in the town of Hamburg in the county of Erie is renum- bered section 10 and four new sections 6, 7, 8 and 9 are added to read as follows: S 6. IN THE EVENT THAT ALL OF THE TERRITORY OF THE UNION FREE SCHOOL DISTRICT IS PURCHASED BY A PARTY OTHER THAN HOPEVALE INC. OR OUR LADY OF REFUGE OR THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, THE SAID DISTRICT CREATED BY THIS CHAPTER SHALL CONTINUE TO EXIST AS A NON-OPER- ATING UNION FREE SCHOOL DISTRICT ONLY FOR THE PURPOSES SET FORTH IN SECTION EIGHT OF THIS ACT, AND, WHEN ANY BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IN CONNECTION WITH THE FINANCING OF CERTAIN IMPROVEMENTS MADE AT SUCH FACILITIES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ARE NO LONGER OUTSTANDING, SUCH UNION FREE SCHOOL DISTRICT SHALL BE DISSOLVED AND ALL SUCH TERRITORY SHALL CEASE TO BE A PART OF UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY, AND SHALL REVERT TO AND BECOME A PART OF FRONTIER CENTRAL SCHOOL DISTRICT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH SCHOOL DISTRICT SHALL BE INELIGIBLE FOR STATE AID PURSUANT TO SECTION 1 OF CHAPTER 566 OF THE LAWS OF 1967 FOR EXPENSES INCURRED DURING THE PERIOD IN WHICH IT IS A NON-OPERATING SCHOOL DISTRICT. S 7. IN THE EVENT THAT ALL OR A PORTION OF THE TERRITORY OF THE UNION FREE SCHOOL DISTRICT IS ACQUIRED, PURCHASED, LEASED, OR OTHERWISE OPER- ATED BY THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT PURSUANT TO SUBDIVISION B OF SECTION 4 OF CHAPTER 140 OF THE LAWS OF 1985, THE UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY SHALL CONTINUE TO EXIST AS A NON-OPERATING UNION FREE SCHOOL DISTRICT COTERMINOUS WITH THE TERRITORY SO ACQUIRED, PURCHASED, LEASED OR OPER- ATED BY THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, ONLY FOR THE PURPOSES SET FORTH IN SECTION EIGHT OF THIS ACT FOR THE DURATION OF THE PERIOD IN WHICH THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT OWNS, LEASES OR OPERATES SUCH TERRITORY OR UNTIL ANY BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IN CONNECTION WITH THE FINANCING OF CERTAIN IMPROVEMENTS MADE AT SUCH FACILITIES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ARE NO LONGER OUTSTANDING, WHICHEVER IS LATER, AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH SCHOOL DISTRICT SHALL BE INELIGIBLE FOR STATE AID PURSUANT TO SECTION 1 OF CHAPTER 566 OF THE LAWS OF 1967 FOR EXPENSES INCURRED DURING THE PERIOD IN WHICH THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT OWNS, LEASES OR OPERATES SUCH PROPERTY. SUCH TERRITORY ACQUIRED, PURCHASED, LEASED, OR OTHERWISE OPERATED BY THE RANDOLPH ACAD- EMY UNION FREE SCHOOL DISTRICT SHALL BECOME PART OF THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT IN ACCORDANCE WITH SECTION 4 OF CHAPTER 140 OF THE LAWS OF 1985. AT THE END OF THE PERIOD IN WHICH THE UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY CONTIN- UES TO EXIST AS A NON-OPERATING UNION FREE SCHOOL DISTRICT PURSUANT TO THIS SECTION, SUCH SCHOOL DISTRICT SHALL BE DISSOLVED. S 8. A. IN ACCORDANCE WITH SECTION 1508 OF THE EDUCATION LAW, THE BOARD OF EDUCATION OF THE UNION FREE SCHOOL DISTRICT CREATED BY THIS ACT SHALL CONTINUE TO EXIST IN LAW FOR THE PURPOSE OF PROVIDING FOR AND PAYING ALL OF ITS JUST DEBTS, INCLUDING, WITHOUT LIMITATION, ANY BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IN CONNECTION WITH THE FINANCING OF CERTAIN IMPROVEMENTS MADE AT SUCH
SCHOOL DISTRICT, AND THE BOARD OF EDUCATION SHALL CONTINUE TO BE AUTHOR- IZED TO RECEIVE ANY REIMBURSEMENT DUE AND OWING FOR TUITION OR MAINTE- NANCE PURSUANT TO ARTICLE 81 OF THE EDUCATION LAW, SECTION 4505 OF THE EDUCATION LAW OR ANY OTHER PROVISION OF LAW FOR SERVICES RENDERED TO STUDENTS BY SUCH DISTRICT UNTIL SUCH DEBTS ARE FULLY PAID. ANY ASSETS OF THE SCHOOL DISTRICT REMAINING AFTER PAYMENT OF SUCH JUST DEBTS SHALL BE PAID TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF THE FIRST SUPERVISORY DISTRICT OF ERIE COUNTY, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT. B. FOLLOWING DISSOLUTION OF THE SCHOOL DISTRICT PURSUANT TO SECTION SIX OF THIS ACT, THE RECORDS OF THE UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY, SHALL BE FORWARDED TO THE DISTRICT SUPERINTENDENT OF SCHOOLS OF THE BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES OF THE FIRST SUPERVISORY DISTRICT OF ERIE COUNTY FOR PRESERVATION, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, SUCH RECORDS SHALL BE DEEMED TO BE RECORDS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF THE FIRST SUPERVISORY DISTRICT OF ERIE COUNTY FOR PURPOSES OF LOCAL GOVERNMENT RECORDS MANAGE- MENT GRANTS PURSUANT TO SECTION 57.35 OF THE ARTS AND CULTURAL AFFAIRS LAW. S 9. IN THE EVENT THAT ALL OR A PORTION OF THE TERRITORY OF UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG, ERIE COUNTY IS ACQUIRED, PURCHASED, LEASED, OR OTHERWISE OPERATED BY THE RANDOLPH ACAD- EMY UNION FREE SCHOOL DISTRICT PURSUANT TO SECTION SEVEN OF THIS ACT AND SUBDIVISION B OF SECTION 4 OF CHAPTER 140 OF THE LAWS OF 1985: A. THE RECORDS OF UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG SHALL BE FORWARDED TO AND THEREAFTER MAINTAINED BY THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT IN CONNECTION WITH THE OPER- ATION BY SAID DISTRICT OF THE FACILITIES FORMERLY OPERATED BY THE UNION FREE SCHOOL DISTRICT CREATED BY THIS ACT; AND B. ANY FUNDS REMAINING IN THE POSSESSION OF THE UNION FREE SCHOOL DISTRICT CREATED BY THIS ACT, AFTER ALL OF ITS DEBTS AND OBLIGATIONS HAVE BEEN PAID, INCLUDING ANY REIMBURSEMENT DUE AND OWING FOR TUITION OR MAINTENANCE PURSUANT TO ARTICLE 81 OF THE EDUCATION LAW, SECTION 4505 OF THE EDUCATION LAW OR ANY OTHER PROVISION OF LAW FOR SERVICES RENDERED TO STUDENTS BY SUCH SCHOOL DISTRICT, SHALL BE PAID OVER TO THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT FOR THE OPERATION OF THE FACILITIES FORMERLY OPERATED BY THE UNION FREE SCHOOL DISTRICT CREATED BY THIS CHAPTER. C. THE BOARD OF EDUCATION OF THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT SHALL BE AUTHORIZED TO RECEIVE ANY REIMBURSEMENT DUE AND OWING FOR TUITION OR MAINTENANCE PURSUANT TO ARTICLE 81 OF THE EDUCATION LAW, SECTION 4505 OF THE EDUCATION LAW OR ANY OTHER PROVISION OF LAW FOR SERVICES RENDERED TO STUDENTS BY SUCH RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT AND TO RECEIVE BUILDING AID ON PAYMENTS BY SUCH SCHOOL DISTRICT TO THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK ON ANY BONDS OR NOTES ISSUED BY THE DORMITORY AUTHORITY IN CONNECTION WITH THE FINANCING OF CERTAIN IMPROVEMENTS MADE AT THE FACILITIES OF THE UNION FREE SCHOOL DISTRICT NUMBER THREE OF THE TOWN OF HAMBURG. D. NOTWITHSTANDING ANY PROVISIONS OF SUBDIVISION B OF THIS SECTION TO THE CONTRARY, ALL AMOUNTS CURRENTLY OR HEREAFTER HELD BY THE STATE COMP- TROLLER FROM TIME TO TIME IN THE SCHOOL CAPITAL FACILITIES FINANCING RESERVE ACCOUNT ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK ON BEHALF OF HOPEVALE UNION FREE SCHOOL DISTRICT (UNION FREE SCHOOL DISTRICT NUMBER THREE OF
THE TOWN OF HAMBURG, ERIE COUNTY) SHALL CONTINUE TO BE HELD TO PROVIDE FOR THE PAYMENT OF SUCH OBLIGATIONS, AND APPLIED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH EIGHT OF SECTION 407-A OF THE EDUCATION LAW. S 4. (a) Notwithstanding any provision of law to the contrary, Randolph Academy union free school district, created pursuant to chapter 140 of the laws of 1985 shall, to the extent necessary or applicable to effectuate the provisions contained herein, be (i) authorized to assume the obligations of the Hopevale Union Free School District (also known as union free school district number three of the town of Hamburg, Erie county) in connection with the dormitory authority Special Act School Districts Program Insured Revenue Bonds, Series 1998, and/or (ii) oper- ate the capital facilities constituting the union free school district number 3 in the town of Hamburg, Erie county as created by chapter 934 of the laws of 1971 and improved with the proceeds of the dormitory authority Special Act School Districts Program Insured Revenue Bonds, Series 1998 for purposes of providing services pursuant to the school district's contracts with other public school districts or social services districts for the education of children with handicapping conditions pursuant to article eighty-one or eighty-nine of the educa- tion law, and not for purposes of any other law, rule, regulation or statute. (b) Notwithstanding any provision of law the contrary, the dormitory authority, Randolph Academy union free school district and Hopevale union free school district, are each hereby authorized to enter into such agreements as the dormitory authority deems reasonable or necessary to comply with the requirements of subdivision a of this section and to provide for the performance of the obligations of Randolph Academy union free school district in accordance with title 4 of article 8 of the public authorities law, chapter 737 of the laws of 1988 and the dormito- ry authority's contract with the holders of Special Act School Districts Program Insured Revenue Bonds, Series 1998. (c) Nothing in this act shall be construed to impair the validity of dormitory authority Special Act School Districts Program Insured Revenue Bonds, Series 1998, or any bondholders rights thereunder, and such bonds shall, in all respects, continue to be valid and binding obligations of the dormitory authority authorized under and governed by the provisions of title 4 of article 8 of the public authorities law and chapter 737 of the laws of 1988. S 5. Section 1 of chapter 566 of the laws of 1967, relating to provid- ing for the apportionment of funds to certain special school districts, as amended by chapter 478 of the laws of 2006, is amended to read as follows: Section 1. Notwithstanding the provisions of section 3602 and 3602-b of the education law, and in lieu of any apportionments to which such school districts might otherwise be entitled under such sections or under any other provisions of law, the commissioner of education is hereby authorized to include the following school districts in the annu- al apportionment of public moneys and such apportionment shall be computed in accordance with the provisions of sections two, three and four of this act: union free school district number twenty-seven of the town of Dryden, Tompkins county; union free school district number eight of the town of Canaan, Columbia county; union free school districts numbers ten, eleven, twelve and thirteen of the town of Greenburgh, Westchester county; union free school districts numbers three and four of the town of Mount Pleasant, Westchester county; union free school district number six, Blythedale, town of Mount Pleasant, Westchester
county; and Randolph Children's Home union free school district of the town of Randolph, Cattaraugus county; West Park union free school district number two, town of Esopus, Ulster county; common school district number seven of the town of Oyster Bay, Nassau county; [the Hopevale union free school district, town of Hamburg, Erie county;] and union free school district number three, town of Riverhead, Suffolk county. S 6. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT FOR THE FINANCING, ACQUI- SITION, CONSTRUCTION, RECONSTRUCTION, RENOVATION AND IMPROVEMENT FOR FACILITIES LOCATED IN ERIE COUNTY, NEW YORK. S 7. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, FOR THE FINANCING, ACQUI- SITION, CONSTRUCTION, RECONSTRUCTION, RENOVATION AND IMPROVEMENT FOR FACILITIES LOCATED IN ERIE COUNTY, NEW YORK. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT SHALL HAVE FULL POWER AND AUTHORITY TO ASSIGN AND PLEDGE TO THE AUTHORITY ANY AND ALL PUBLIC FUNDS TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY THE STATE, A POLITICAL SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, OR ANY SOCIAL SERVICES DISTRICT IN THE STATE IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE MADE BY RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT PURSUANT TO ANY LEASE, SUBLEASE OR OTHER AGREEMENT ENTERED INTO BETWEEN RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT AND THE AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE AUTHORITY OR UPON THE DIRECTION OF THE AUTHORITY, TO ANY TRUSTEE OF ANY AUTHORITY BOND OR NOTE ISSUED PURSUANT TO A CERTIFICATE FILED WITH ANY SUCH STATE OR LOCAL OFFICER BY THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION. NO AGREEMENT OR LEASE BY RANDOLPH ACADE- MY UNION FREE SCHOOL DISTRICT PURSUANT TO THIS PARAGRAPH SHALL BE EFFEC- TIVE UNLESS AND UNTIL IT IS APPROVED BY OR ON BEHALF OF THE COMMISSIONER OF EDUCATION. S 8. Chapter 737 of the laws of 1988 amending the education law and other laws relating to the apportionment of funds to certain school districts is amended by adding a new section 3-a to read as follows: S 3-A. THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, A SPECIAL ACT SCHOOL DISTRICT, MAY ENTER INTO LEASES, SUBLEASES OR OTHER AGREEMENTS WITH THE DORMITORY AUTHORITY PURSUANT TO TITLE FOUR OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW FOR THE FINANCING OF THE DESIGN, CONSTRUCTION, ACQUISITION, REHABILITATION, IMPROVEMENT, RENOVATION OR OTHERWISE PROVIDING FOR, FURNISHING OR EQUIPPING OF CAPITAL FACILITIES WHICH ARE EDUCATIONAL FACILITIES WHERE THE TOTAL ESTIMATED COST OF SUCH FACILITIES EXCEEDS $10,000. THE PLANS AND SPECIFICATIONS OF SUCH CAPITAL FACILITIES SHALL BE SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF EDUCATION WITH RESPECT TO EDUCATION FACILITIES. SUCH CAPITAL FACILITIES MAY BE CONSTRUCTED ONLY ON LAND OWNED BY SUCH SPECIAL ACT SCHOOL DISTRICT OR, IF THE LAND IS LEASED, WHERE THE LEASE IS FOR A PERIOD AT LEAST EQUAL TO THE APPROPRIATE PERIOD OF PROBABLE USEFULNESS FOR SUCH FACILITIES AS LISTED IN SECTION 11.00 OF THE LOCAL FINANCE LAW, OR THE LENGTH OF THE LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE DORMITORY AUTHORITY, WHICHEVER IS LONGER. S 9. This act shall take effect July 1, 2011, provided that if it shall become a law after such date, this act shall take effect imme-
diately and shall be deemed to have been in full force and effect on and after July 1, 2011; except that section five of this act shall take effect upon the dissolution of union free school district number three in the town of Hamburg, Erie county pursuant to the provisions of section three of this act; provided that the commissioner of education shall notify the legislative bill drafting commission upon the occur- rence of the enactment of the legislation provided for in section three of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.

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