2006 New York Code - Dissolution, Reformation And Construction Of Districts.



 
    § 1505. Dissolution,  reformation  and  construction of districts.  1.
  Any district superintendent by order may dissolve one or more  districts
  and  may from such territory form a new district. He may also unite such
  territory or a portion  thereof,  by  order,  to  any  adjoining  school
  district  including  a union free school district having a population of
  forty-five hundred or more and employing a superintendent of schools but
  excepting a city school district. He shall  file  such  order  with  the
  clerks of the school districts affected and also with the town clerks of
  the  towns  in  which  the  districts  are  located, and a copy with the
  commissioner of education. Such order  shall  designate  the  date  upon
  which  it  shall  take  effect, which shall be not less than ninety days
  after the date of filing. If such action is  to  affect  a  district  or
  districts within the territory of more than one superintendent, it shall
  be  taken by a majority of them, at a meeting duly called by one or more
  of them.
    2. Within thirty days after the  filing  of  the  order  any  district
  affected thereby may at a meeting duly called, by a majority vote of the
  legally  qualified  voters  thereof  present and voting at such meeting,
  present to the county judge of the  county  in  which  the  district  is
  located,  a statement in writing that such district objects to the order
  and requests the appointment of a committee as provided in this section.
  Such judge, within ten days after  the  filing  of  such  statement  and
  request,  shall  appoint  a  committee  of  three disinterested persons,
  residents of the county or counties in which the districts affected  are
  located  but nonresidents of such school districts, at least two of whom
  shall reside outside of an incorporated village or village district, and
  shall designate one of such committee to act as  chairman  thereof,  and
  shall,  at  the  time  of  the appointment, file with such chairman such
  statement and  request  and  a  certificate  of  such  appointments  and
  designation.  Within thirty days after the receipt of such papers by the
  chairman, such committee shall call a hearing and decide the matter, and
  the decision shall be final unless duly  appealed  from  as  hereinafter
  provided.  Such decision shall either affirm, vacate or modify the order
  of the district superintendent or superintendents,  and,  together  with
  the  papers  and  evidence  in  the  matter,  shall  be  filed  with the
  commissioner of education  by  the  chairman  of  such  committee.  Such
  committee  also shall file a copy of its decision with the clerks of the
  school districts affected, and also with the town clerks of the towns in
  which the districts are located and with the district superintendent  or
  superintendents  who  made  the  original  order. In the event that such
  committee does not make and file its decision as hereinbefore  provided,
  then  the  order of the district superintendent or superintendents shall
  become effective in accordance with its terms, and the members  of  such
  committee  shall  not  be  entitled to receive their fees as hereinafter
  provided. The members of such committee shall each be  entitled  to  ten
  dollars  for  each day actually and necessarily spent in the business of
  the committee, and the amount thereof shall be a charge upon the  school
  districts  affected,  in  proportion  to  the  actual  valuation of such
  districts. Within twenty  days  from  the  making  and  filing  of  such
  decision,  any  district  affected  may  at  a meeting duly called, by a
  majority vote of  the  legally  qualified  voters  thereof  present  and
  voting,  appeal  to the commissioner of education as provided in article
  seven of this chapter.

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