2006 New York Code - Annexing Territory To A Union Free School District.

 
    § 1705. Annexing  territory  to  a  union  free  school district.   1.
  Territory may be annexed to a union free school district as provided  in
  this section.
    a.  The  commissioner is authorized and empowered to make and enter in
  the commissioner's office orders dissolving one or  more  common,  union
  free  or  central  school  districts  and annexing the territory of such
  districts, or portions thereof, to one  or  more  adjoining  union  free
  school  districts,  subject  to  approval  of  the voters of each school
  district affected thereby.
    b. When an order annexing territory to a union  free  school  district
  has  been made and entered as provided in this section, the commissioner
  shall, within ten days thereafter, cause certified copies of said  order
  to be filed with the clerk or school authorities of each school district
  affected  thereby.  Within  thirty  days  of  filing  of such order, the
  commissioner shall fix a time and place for a  special  meeting  of  the
  qualified  voters  of  each  school  district  affected  by the proposed
  annexation and shall cause notice thereof to be posted at least ten days
  before each such  meeting  in  ten  conspicuous  places  in  the  school
  district.  In  addition  to  the  posting of such notice, a copy thereof
  shall be duly published, at least three days before each  such  meeting,
  in  a  daily  or  weekly  newspaper  published  within,  or  in  general
  circulation in, the school district in which such meeting is to be held.
  The expense of posting and publishing such notice shall be a charge upon
  the school district conducting such meeting.
    2. Except as  provided  in  this  subdivision,  any  special  district
  meeting  held pursuant to paragraph b of subdivision one of this section
  shall be conducted  in  accordance  with  the  procedures  specified  in
  section  eighteen  hundred  three of this chapter.  a. At a meeting held
  pursuant to paragraph b of subdivision one of this section, a resolution
  in substantially the following form shall be presented  for  the  action
  and  determination  of  the meeting, viz.:  "Resolved that the...(insert
  simplified name of district in accordance  with  section  three  hundred
  fifteen  of this chapter) school district be annexed to the...union free
  school district (designate union free school district)  as  provided  in
  the order of the commissioner of education now before this meeting."
    b.  If  at any such meeting the resolution described in paragraph a of
  this subdivision shall be presented and  shall  not  be  adopted,  there
  shall  be  no  further  proceedings  at such meeting, except a motion to
  reconsider the question. No such meeting shall again be  called  by  the
  commissioner  within one year after such original meeting. If no meeting
  shall be called to reconsider the question within two years  after  such
  original  meeting,  or  if  at  any such meeting called within two years
  after such original meeting the resolution shall again  be  rejected  by
  the  voters,  the  order  of  the  commissioner  to which the resolution
  relates shall be deemed null and void and of no further force or effect.
    c. If the resolution submitted to the voters as provided in  paragraph
  a  of  this  subdivision  shall  be adopted by the voters of each school
  district affected by  the  order  of  the  commissioner,  the  territory
  described  therein shall thereupon be annexed to the existing union free
  school district or districts as provided in such order.
    3. Whenever a common school district, union free  school  district  or
  central  school  district becomes a part of a union free school district
  pursuant to the provisions  of  this  section,  the  union  free  school
  district  of  which  any  such  district shall have become a part, shall
  succeed to all the property rights of such common, union free or central
  school districts and  all  indebtedness  of  any  such  school  district
  evidenced  by bonds or notes or relating to school building construction
  shall become a charge upon such union free school district of which such
  district shall have become a part, but all  other  indebtedness  of  any
  such  district shall be paid by any such district in accordance with the
  provisions of section fifteen hundred eighteen of this  chapter  and  to
  that  extent  any  such  district shall continue to exist in law for the
  purpose of providing for and paying all such indebtedness in  accordance
  with the provisions of such section.
    4.  Notwithstanding  any  other  provision  of  law, whenever a common
  school district, union free school district or central  school  district
  is  annexed  in its entirety to a union free school district pursuant to
  this section, all employees of the former school districts at  the  time
  of  dissolution  shall  immediately  become employees of the reorganized
  union free school district, shall retain their tenure and/or  employment
  status  and  the  seniority  gained  in  the  annexed  district, and the
  seniority list of the employees of the annexed school district shall  be
  merged  with  the seniority list of the employees of the annexing school
  district. If the number of teaching positions needed to provide services
  in the reorganized union free school district is less than the number of
  teachers considered to be employees of the reorganized union free school
  district pursuant to this subdivision,  the  board  of  education  shall
  abolish  the unneeded positions and place teachers on preferred eligible
  lists in  accordance  with  section  three  thousand  thirteen  of  this
  chapter. For salary, sick leave and other purposes, an employee's length
  of  service  with  the  annexed  school  district  shall  be credited as
  employment time with the  annexing  union  free  school  district.  This
  section  shall  in  no  way be construed to limit the rights of any such
  employees set forth in this section granted by any  other  provision  of
  law.