Bill S5899-2013

Dissolves the West Park union free school district, in the town of Esopus and county of Ulster; repealer

Dissolves the West Park union free school district, in the town of Esopus in the county of Ulster; provides for the payment of the debts and obligations of such school district.

Details

Actions

  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jun 20, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5899

TITLE OF BILL: An act to amend the education law, in relation to the closure of certain special act school districts; to provide for the payment of the debts and obligations of the West Park union free school district in the town of Esopus in the county of Ulster; to amend chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special school districts, in relation to eliminating references to the West Park union free school district; and to repeal chapter 744 of the laws of 1973 relating to establishing and constituting as a separate union free school district certain territory in the town of Esopus in the county of Ulster, in relation thereto

PURPOSE:

Dissolves the West Park Union Free School District, in the town of Esopus and county of Ulster; repealer

SUMMARY OF PROVISIONS:

Section 1 & 2 These sections provide for the dissolution of the West Park Union Free School District, a Special Act school district.

Section 3 Any leftover funds will be returned to the social service districts and school districts that had children at the Special Act school district. The Ulster BOCES shall be authorized to act on behalf of the school district.

Section 4 The BOCES is authorized to pay debts, bill for tuition, and receive reimbursement.

Section 5 School districts and social service districts that had children at the Special Act school district will pay the ongoing cost of retiree healthcare annually pursuant to a contract and the final tuition/closedown rate may be paid over three years.

Section 6 The Ulster BOCES will preserve the records of West Park Union Free School District.

Section 7 The territory comprising West Park Union Free School District shall revert to and become a part of the Kingston City School District.

Section 8 The lease between the Missionary Sisters of the Sacred Heart and the West Park Union Free School District.

Section 9 If a Special Act school district seeks to close the school the Board shall provide notice to the Commissioner and a plan for closure at least ninety days prior to closing. During the close down period the Board of Education will periodically provide financial reports and statements to the Commissioner.

Section 10 requires Special Act school districts to provide enrollment reports, proposed budgets and any financial statements the Commissioner deems appropriate, and to monitor the fiscal stability of Special Act school districts.

Section 12 contains the effectives date.

EXISTING LAW:

The current law establishes the existence of this school district.

JUSTIFICATION:

The West Park Union Free School District closed its doors at the end of February 2011. This bill dissolves the existence of this school and resolves any unpaid obligations.

Last year this bill was vetoed due to the need to address the issues posed by districts like West Park Union Free School District more comprehensively statewide. No such proposal has come out of the governor's office since that veto was issued yet the former employees of the School District continue to be denied benefits they were promised at the time of hire due to the district's disorderly close. This bill would fulfill the promise made to these former employees.

LEGISLATIVE HISTORY:

2011-2012: A.8272-A - Veto Message 166

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5899 2013-2014 Regular Sessions IN SENATE June 20, 2013 ___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to the closure of certain special act school districts; to provide for the payment of the debts and obligations of the West Park union free school district in the town of Esopus in the county of Ulster; to amend chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special school districts, in relation to eliminating refer- ences to the West Park union free school district; and to repeal chap- ter 744 of the laws of 1973 relating to establishing and constituting as a separate union free school district certain territory in the town of Esopus in the county of Ulster, in relation thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Chapter 744 of the laws of 1973 relating to establishing and constituting as a separate union free school district certain terri- tory in the town of Esopus in the county of Ulster is REPEALED. S 2. 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 3. 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 213 of the laws of 2011, 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; and union free school district number three, town of Riverhead, Suffolk county. S 4. Any funds remaining in the possession of the West Park union free school district number two, after all of its debts and obligations have been paid, shall be paid over to each social services district and school district having resident children served by the West Park union free school district number two in the 2010-2011 school year in the same proportion as the number of students placed by each such social services district or school district and served by the West Park union free school district number two in the 2010-2011 school year bears to the total number of students served by the West Park union free school district number two in the 2010-2011 school year. Though the West Park union free school district number two be dissolved, section 1518 of the education law shall be deemed to apply, and it shall continue to exist in law for the purpose of providing for and paying all its just debts; provided that the board of cooperative educational services of the sole supervisory district of the county of Ulster (Ulster BOCES) shall be authorized to act on behalf of the school district pursuant to section four of this act. S 5. Notwithstanding any other provision of law to the contrary, during any period in which there is no duly constituted board of educa- tion of the West Park union free school district number two, Ulster BOCES shall be authorized to take any actions on behalf of the school
district that are reasonably necessary to complete the close-down and dissolution of the district that the board of education would have, including but not limited to, the power to enter contracts, pay debts and bill for and receive any reimbursement due and owing for tuition pursuant to article 81 of the education law or any other provision of law for services rendered to students on or before the school district ceased operation on February 28, 2011. Any other reasonable costs incurred for closedown of the school district, as approved by the commissioner of education pursuant to subparagraph (ii) of paragraph j of subdivision 4 of section 4405 of the education law, shall be included in a closedown rate payable by each school district or social services district responsible for tuition for students attending the special act school district in the 2010-2011 school year. Notwithstanding any other provision of law, rule or regulation to the contrary, such closedown rate may be payable in three installments which shall be as equal as practicable, over three consecutive years after the closedown rate is established. In such capacity, such board of cooperative educational services and its officers and employees shall be entitled to defense and indemnification by the state pursuant to section 18 of the public offi- cers law. S 6. Notwithstanding any other provision of law, rule or regulation to the contrary, each social services district and school district having resident children served by the West Park union free school district number two in the 2010-2011 school year shall pay the costs of health insurance for all former employees of the West Park union free school district number two, for whom such school district agreed by contract to pay the costs of health insurance in retirement in the same proportion as the number of students placed by each such social services district or school district and served by the West Park union free school district number two in the 2010-2011 school year bears to the total number of students served by the West Park union free school district number two in the 2010-2011 school year. The Ulster BOCES shall adminis- ter the payment and billing for the health insurance premiums to and from civil service and/or the health insurance carriers, the employees, and each social service district and school district that is responsible for such payments to ensure that the former employees' health insurance remains in effect, to the extent required under the employees' contract with the West Park union free school district number two. Such annual amount shall be paid in a manner prescribed by the commissioner. S 7. The records of the West Park union free school district number two, shall be forwarded to the district superintendent of schools of the Ulster BOCES for preservation. Notwithstanding any other provision of law to the contrary, such records shall be deemed to be records of the Ulster BOCES for purposes of the management and disposition of such records and local government records management grants pursuant to section 57.35 of the arts and cultural affairs law. S 8. The territory comprising the West Park union free school district number two, town of Esopus, county of Ulster, shall revert to and become a part of the Kingston city school district in the county of Ulster. S 9. That certain Agency Lease dated August 12, 1998 between Mission- ary Sisters of the Sacred Heart, a New York not-for-profit corporation and the West Park union free school district number two is hereby termi- nated. S 10. Subdivision 4 of section 4405 of the education law is amended by adding a new paragraph j to read as follows:
J. (I) IF THE BOARD OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT LISTED IN CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-SEVEN, AS AMENDED, SEEKS TO CLOSE A SPECIAL ACT SCHOOL DISTRICT, THE BOARD OF EDUCATION OF THE SPECIAL ACT SCHOOL DISTRICT SHALL PROVIDE WRITTEN NOTICE TO THE COMMISSIONER OF EDUCATION WITH A PLAN FOR CLOSURE OF THE SCHOOL AT LEAST NINETY DAYS PRIOR TO THE CLOSING DATE. SUCH PLAN SHALL INCLUDE PROVISION FOR THE SAFE AND ORDERLY TRANSFER OF EACH STUDENT WITH A DISABILITY WHO WAS PUBLICLY PLACED IN THE PROGRAM AND A DETAILED AND ITEMIZED LIST OF ESTIMATED EXPENSES NECESSARY TO CLOSE DOWN THE SCHOOL AND A DETAILED AND ITEMIZED LIST OF ANY ESTIMATED REVENUES TO BE RECEIVED. (II) DURING THE CLOSE-DOWN PERIOD AND UNTIL ALL NECESSARY FINANCIAL OBLIGATIONS OF THE SCHOOL DISTRICT HAVE BEEN MET PURSUANT TO THIS PARA- GRAPH, THE COMMISSIONER SHALL REQUIRE THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT TO PERIODICALLY SUBMIT, AS REQUIRED BY THE COMMISSIONER, FINANCIAL REPORTS AND FINANCIAL STATEMENTS, DETAILING ANY TUITION, AND/OR CLOSE-DOWN COSTS AND ANY REVENUES GENERATED. IN APPLYING THE REIMBURSEMENT METHODOLOGY TO ANY REMAINING TUITION COSTS AND ANY OTHER REASONABLE AND APPROPRIATE EXPENSES NEEDED TO CLOSE DOWN THE SPECIAL ACT SCHOOL DISTRICT, THE COMMISSIONER SHALL REJECT ANY CLOSE-DOWN COSTS THAT ARE UNNECESSARY OR UNREASONABLE TO CLOSE DOWN THE SCHOOL, WHETHER OR NOT THE BOARD OF EDUCATION SUBMITS A CLOSE-DOWN PLAN. S 11. Section 4403 of the education law is amended by adding a new subdivision 21 to read as follows: 21. TO REQUIRE SPECIAL ACT SCHOOL DISTRICTS TO PROVIDE, ON AN ANNUAL BASIS OR MORE FREQUENTLY, AS NEEDED, ENROLLMENT REPORTS, INCLUDING CURRENT AND PROJECTED ENROLLMENTS, PROPOSED BUDGETS AND ANY FINANCIAL STATEMENTS THE COMMISSIONER DEEMS APPROPRIATE, TO MONITOR THE FISCAL STABILITY OF SPECIAL ACT SCHOOL DISTRICTS. S 12. This act shall take effect immediately; provided that section three of this act shall take effect on the same date and in the same manner as section 5 of chapter 213 of the laws of 2011, as amended, takes effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus