2006 New York Code - Enlarged City School Districts.

 
    § 1526. Enlarged  city  school  districts.    1.  The  commissioner of
  education is hereby authorized and empowered  to  create  enlarged  city
  school  districts by consolidation of city school districts of cities of
  less than one hundred twenty-five thousand inhabitants with such area or
  areas contiguous to such city school districts as,  in  his  discretion,
  are  suitable for the establishment of enlarged city school systems, and
  to fix, determine and define the boundaries of such  enlarged  districts
  as provided in this section.
    2.  The  commissioner  is  hereby authorized and empowered to make and
  enter in his office orders laying out such area or areas contiguous to a
  city school district of a city of  less  than  one  hundred  twenty-five
  thousand  inhabitants,  provided, however, that no school district which
  has an outstanding bonded indebtedness shall be divided by such order in
  such manner that only a part of such district is  included  in  such  an
  area.
    3.  Within ten days after the making and entry of an order pursuant to
  this section, the commissioner shall transmit a certified  copy  thereof
  to  the board of education of the city school district and the clerk, or
  in the event there is no clerk, to  the  trustee  or  trustees  of  each
  school  district  wholly  or partly included in such area or areas. Such
  clerk, trustee or trustees, as the case may be, shall, within five  days
  after  receipt  of  such  order, post a copy thereof in five conspicuous
  places in such district.
    4. No such area or areas laid out by order of the  commissioner  shall
  be  consolidated  with such city school district until a majority of the
  qualified voters of such area or areas have  adopted  a  proposition  to
  consolidate  such  area  or  areas  with  the  city  school district, as
  provided in this section, and until the board of education of  the  city
  school  district  has consented to such consolidation by resolution duly
  adopted and has transmitted a certified copy of such resolution  to  the
  commissioner.
    5.  When  the  order  laying  out such area or areas has been made and
  entered as provided in this section, a  petition  may  be  presented  by
  persons   qualified   to   vote  at  school  meetings,  asking  for  the
  establishment of an enlarged city school district by  the  consolidation
  of such area or areas with the city school district. Such petition shall
  be  signed  by  a  number  of qualified voters equal to at least ten per
  centum of the children in the area or  areas  according  to  the  latest
  school  census  for the area or areas laid out by the commissioner. Such
  petition shall be filed with the commissioner and shall request that  an
  election of the qualified voters within such area or areas be called for
  the  purpose  of  determining whether or not such area or areas shall be
  consolidated with the city  school  district.  If  the  commissioner  is
  satisfied  that  the  petition  has been duly signed as provided in this
  section, he shall fix a time and place or places for an election of  the
  qualified voters within each such area, which election shall be held not
  more than thirty days after the filing of such petition.
    6.  The  commissioner of education shall divide the area into a school
  election district or districts. The area shall be  so  divided  that  if
  circumstances   will  permit,  the  school  election  district  will  be
  coterminous with one or more school districts, or parts or  combinations
  thereof,  and that, if practicable, there shall be a schoolhouse in each
  school election district. The commissioner shall describe each  of  such
  election  districts.  If  there  is  no  public  schoolhouse in a school
  election district, the commissioner shall designate the place where  the
  election in such district shall be had.
    7.  The  commissioner shall cause notice of such election to be posted
  at least ten days before the election in  three  conspicuous  places  in
  each  school district wholly or partly within such area.  In addition to
  the posting of such notice a copy thereof shall be  published  at  least
  seven  days before the election in a daily or weekly newspaper published
  within  the  area  or in a newspaper having general circulation therein.
  Such notice shall state the day of election and the hours the polls  are
  to  be  open,  shall  describe the school election district or districts
  into which the area is divided, shall specify the schoolhouses or  other
  places  therein  where  such election will be held and where the ballots
  will be canvassed.
    8. The election shall take place  during  at  least  four  consecutive
  hours between the hours of seven o'clock in the forenoon and ten o'clock
  in the evening, as determined by the commissioner of education.
    9.  Any  person  qualified  to  vote  in any school district wholly or
  partly within the area laid out by  the  commissioner  and  who  resides
  within such area shall be qualified to vote at the election. Before each
  person  casts  his  ballot  he  shall  be  required  to sign a statement
  contained in a poll book provided for the purpose, declaring that he  is
  a qualified voter within the area.
    10. The commissioner of education shall appoint a board of canvass for
  the  entire area. Such board shall organize by naming one of its members
  as chairman and shall, as soon as the ballot boxes and books  containing
  the  names  of the voters have been delivered to the board of canvass in
  the place designated by the commissioner of  education,  count  all  the
  ballots.  Prior to ascertaining the manner in which any voter has marked
  his ballot, the number of ballots from  each  school  election  district
  shall  be counted separately without opening them and if the number does
  not correspond with the number of names contained in the  poll  book  of
  such  school election district, the board before canvassing the ballots,
  shall withdraw therefrom a number  sufficient  to  make  the  number  of
  ballots   correspond  with  the  number  of  names  in  the  poll  book.
  Thereafter, and before ascertaining the manner in which  any  voter  has
  voted,  the board of canvass shall cause the ballots cast at each school
  election district to be thoroughly intermingled with  each  other  in  a
  single  ballot box large enough to contain the aggregate number of votes
  cast. A majority of the valid votes cast shall be necessary to adopt the
  resolution.  Such board shall certify to the commissioner  of  education
  the  total  number of votes cast, the number of valid votes cast for the
  proposition to consolidate the area with the city school  district,  the
  number  of  valid votes cast against the proposition, the number of void
  ballots and the number of blank ballots. The board of canvass shall file
  a copy of such certificate with each superintendent of schools in  whose
  jurisdiction  such  area  is  located and shall also file a copy thereof
  with the town clerk of each town in which  any  part  of  such  area  is
  located.  The  board  of  canvass  shall  seal  the  books  and  ballots
  immediately upon completion of the certificate setting forth the result,
  and shall file such sealed books and ballots with the board of education
  of the city school district, which board of education shall  retain  and
  dispose  of  such  books and ballots as provided by law. If an appeal is
  brought from the election,  the  ballots  shall  be  available  for  the
  inspection of the commissioner of education.
    11.  The commissioner of education shall designate a member or members
  of the board of canvass to act as an election board for the  conduct  of
  the  election in each school election district. The election board shall
  administer the challenges.
    12. The board of canvass shall furnish poll books, ballots and  locked
  ballot boxes for each school election district.
    13.  After  the  polls  are  closed,  and after all persons within the
  polling place have voted, the election board shall forthwith proceed  to
  deliver  to  the  board  of  canvass  at  the  place  designated  by the
  commissioner of education, the ballot box and the  book  containing  the
  names  of  the voters. Any wilful violation of this paragraph shall be a
  misdemeanor.
    14.  Upon  an  appeal  to  the  commissioner of education, substantial
  compliance with the procedures herein required shall  be  sufficient  to
  meet the intent of this section.
    15.  If the proposition to consolidate such area with such city school
  district is adopted, the commissioner may by order consolidate such area
  or areas, and  all  school  districts  and  parts  of  school  districts
  included  therein,  with  such  city  school  district. Such order shall
  specify a date on which the same shall take effect, and  the  provisions
  of  sections  fifteen  hundred  fourteen,  fifteen hundred seventeen and
  fifteen hundred eighteen shall be applicable to  such  consolidation.  A
  copy of such order shall be filed with the clerk of each school district
  affected thereby.
    16.  If  at any such election the proposition to consolidate shall not
  be adopted, no such election shall again be called within one year after
  such original election. If no election shall be called to reconsider the
  question within two years after such original election or if at any such
  election called within  two  years  after  such  original  election  the
  proposition  shall again fail of adoption, the order of the commissioner
  laying out such area or areas shall be deemed null and void  and  of  no
  further force and effect.
    17.  Unless  the  effective  date of such order of consolidation shall
  coincide with the beginning of  the  fiscal  year  of  the  city  school
  district,  the  board  of education of the city school district upon the
  effective date of the order of consolidation, shall levy a tax upon  the
  area  so  consolidated  with  the  city  school  district, to defray the
  expenses of educating the pupils of such area from the effective date of
  the consolidation to the beginning of the next ensuing  fiscal  year  of
  the city school district. For this purpose, the school tax rate used for
  the fiscal year of the city school district in progress on the effective
  date of such order shall be used, except that such rate shall be divided
  by twelve and multiplied by the number of months intervening between the
  effective  date  of  such  order  and  the beginning of the next ensuing
  fiscal year of the city school district. The tax list for  this  purpose
  shall  be  prepared and confirmed within thirty days after the effective
  date of such consolidation.
    18. In any enlarged city school  district  created  pursuant  to  this
  section,  the  proper  equalization  rate  or  rates  shall be fixed and
  determined annually pursuant to the provisions  of  section  thirty-five
  hundred five of this chapter.
    19.  The  expense  of  posting  and  publishing  of the notices and of
  furnishing the poll books, ballots  and  ballot  boxes  shall  be  borne
  equally by the several school districts wholly or partly included within
  such  area,  unless  a  consolidation order is made, in which event such
  expense shall become a charge upon the enlarged city school district.