2006 New York Code - Formation Of New District.

 
    § 1504. Formation  of  new district.  1. A district superintendent may
  organize a new school district out of  the  territory  of  one  or  more
  school  districts  which are wholly within the geographic area served by
  his board of cooperative educational services, whenever the  educational
  interests of the community require it. If there is an outstanding bonded
  indebtedness  chargeable  against  the  district or districts out of the
  territory  of  which  such  new  district  is  organized,  the  district
  superintendent  shall  apportion  said  indebtedness  between  such  new
  district and the remaining portion of the district or districts  out  of
  which  such  new  district  is  organized,  according  to  the  assessed
  valuation thereof, and the portion of the  indebtedness  so  apportioned
  shall  become  a  charge  for principal and interest upon the respective
  districts as though  the  same  had  been  incurred  by  said  districts
  separately.
    2.  The  district superintendents of two or more adjoining supervisory
  districts, when public interests require it, may  form  a  joint  school
  district out of the adjoining portions of their respective districts.
    3.   Any municipality situated wholly within one central or union free
  school district but  whose  boundaries  are  not  coterminous  with  the
  boundaries  of  such  school  district  may  organize,  pursuant  to the
  provisions of  this  subdivision,  a  new  union  free  school  district
  consisting  of  the  entire  territory  of  such  municipality  whenever
  required by the educational interests of the community.
    a. No such new school  district  may  be  organized  unless:  (i)  the
  enrollment  of  the  municipality  seeking  to  organize such new school
  district equals at least two thousand children, and is no  greater  than
  sixty  percent  of  the  enrollment of the existing school district from
  which such new school district will be organized; (ii) such  new  school
  district  would  have an actual valuation per total wealth pupil unit at
  least equal to the statewide average; and (iii) the  enrollment  of  the
  existing  school  district  from  which such new school district will be
  organized equals at least two thousand children, excluding the residents
  of such municipality.
    b. No such new school district shall be organized unless the  creation
  of  such  new  school  district first shall have been approved by: (i) a
  majority vote of the residents of a  municipality  seeking  to  organize
  such  new  school district, provided that a vote of such residents shall
  not be required if creation of the new school district has been approved
  by a vote of at least two-thirds of the members of the  local  governing
  body  of  the  municipality of such municipality (ii) a majority vote of
  the trustees or members of the  boards  of  education  of  the  existing
  school  district  from which such new school district will be organized;
  and (iii) a majority vote of  the  residents  of  such  existing  school
  district,  except  that  the  residents  of  the municipality seeking to
  organize the new school district shall not be entitled to participate in
  such vote.  Notwithstanding any provision of law to the contrary, a vote
  of the residents of an existing school district shall not be required if
  the creation of the new school district has been approved by a  vote  of
  at least two-thirds of the trustees or members of the board of education
  of such existing school district.
    c.  If a vote of the residents of a municipality is required, it shall
  be the duty of the chief executive officer of the  municipality  seeking
  to organize a new school district, pursuant to a resolution duly adopted
  by  the  governing  body  of  such  municipality  that  the  educational
  interests of  the  community  require  the  creation  of  a  new  school
  district, to give public notice that a meeting of the qualified electors
  of  such  municipality will be held at some convenient place within such
  municipality to vote upon the  question  of  creating  such  new  school
  district  and  to  elect  members  of the board of education of such new
  school district. Such notice shall specify the day, hour and place where
  such meeting shall be held, which shall be not less than  ten  nor  more
  than  thirty  days after the posting or publication of such notice. Such
  notice shall be published  at  least  once  before  such  meeting  in  a
  newspaper circulated in such municipality, and in the event no newspaper
  is circulated in such municipality, such notice shall be posted at least
  ten  days  prior  to such meeting in at least five conspicuous places in
  such municipality.
    d. If a vote of the residents of the existing school  district  (other
  than  the  residents  of  the  municipality  seeking to organize the new
  school district) is required, it shall be the duty of  the  trustees  or
  board  of  education  of  such  existing  school district to give public
  notice that a meeting of the qualified electors of such district will be
  held to vote upon the question of creating  such  new  school  district.
  Such  notice  shall  specify  the day, hour and place where such meeting
  shall be held, which shall be not less than ten  nor  more  than  thirty
  days after the posting or publication of such notice.  Such notice shall
  be published at least once before such meeting in a newspaper circulated
  in  such  district,  and in the event no newspaper is circulated in such
  district, such notice shall be posted at least ten days  prior  to  such
  meeting  in  at  least  five  conspicuous  places in such district. Such
  meeting shall be held in accordance with the procedures of  section  one
  thousand five hundred twenty-three of this article.
    e.    The clerk of the existing school district immediately shall file
  with the district superintendent a certification  of  the  vote  of  the
  members  of  the board of education or board of trustees of the existing
  school district and, if applicable, a certification of the vote  of  the
  residents  of such existing school district (other than the residents of
  the municipality seeking to organize the new school district)  and/or  a
  certification  of  the  vote of the residents of such municipality.  The
  new union free school district consisting of  the  entire  territory  of
  such municipality shall be deemed created immediately upon the filing of
  such  certifications,  and the district superintendent immediately shall
  issue an order altering the boundaries of the existing  school  district
  accordingly,  and  shall  file such order in accordance with section one
  thousand five hundred six of this article.
    f. If there is an outstanding bonded indebtedness  chargeable  against
  the  existing  school  district  out  of the territory of which such new
  district is organized, the district superintendent shall apportion  said
  indebtedness  between such new district and the remaining portion of the
  district out of which such new district is organized, according  to  the
  assessed  valuation  thereof,  and  the  portion  of the indebtedness so
  apportioned shall become a charge for principal and  interest  upon  the
  respective  districts  as  though  the  same  had  been incurred by said
  districts separately.
    g. For the purposes of this subdivision, the term "municipality" shall
  mean a city, town or village, and the terms  "enrollment,"  and  "actual
  valuation"  and "total wealth pupil unit" shall have the same meaning as
  those terms are defined in section three thousand  six  hundred  two  of
  this chapter.