2010 New York Code
EDN - Education
Title 1 - GENERAL PROVISIONS
Article 7 - (301 - 318) COMMISSIONER OF EDUCATION
314 - State plan for school district reorganization

§ 314. State   plan   for   school   district  reorganization  1.  The
  commissioner  of  education  is  hereby  authorized  to   continue   the
  investigations,  study  and  review  carried on by the joint legislative
  committee on the state education system in order to bring up to date the
  state plan for  school  district  reorganization  (legislative  document
  number twenty-five of nineteen hundred forty-seven, formerly referred to
  as  the  Master  Plan  for  School  District  Reorganization in New York
  State); to make such studies and surveys  as  are  necessary  to  review
  periodically  and  maintain  such  plan  currently;  to hold hearings in
  relation to affected areas for the purpose of eliciting  the  expression
  of opinion, cooperation and assistance of the inhabitants of such areas;
  and  to make recommendations for school district reorganization so as to
  assure  the  most  efficient  and  economical  provision  of   education
  facilities  for  such areas and in the best educational interests of the
  children in the area. Such recommendations shall be principally directed
  toward the reorganization  of  areas  in  and  around  the  city  school
  districts  of  cities  having less than one hundred twenty-five thousand
  inhabitants, the reorganization of the remaining common and  union  free
  school  districts  not included in such urban and suburban areas and the
  reorganization of the smaller central school districts.
    2. At any such time as the commissioner shall determine that  an  area
  or  areas  should  be  reorganized  to assure and provide the best, most
  efficient and most economical educational facilities for  such  area  or
  areas  and  that  the  best educational interests of the children in the
  area will be served  by  such  reorganization,  the  commissioner  shall
  formally  announce  or  reaffirm such plan of reorganization stating his
  reason therefor by orders made by him and entered in  his  office.  Such
  order  shall  identify the affected school districts and shall designate
  all school districts by name, number or such other  description  as  the
  commissioner shall deem proper. The commissioner shall forward a copy of
  such  order  to the clerk or in the event there is no clerk, the trustee
  or trustees of such school district located  in  the  affected  area  or
  areas.
    3.  (a)  Any  school  district  scheduled  for reorganization, and not
  reorganized, desiring a change in the established plan of reorganization
  as promulgated pursuant to subdivision two hereof, may petition  to  the
  commissioner  for  a  formal  public hearing stating the changes desired
  with the supporting papers, data and information. Such petition shall be
  filed with the commissioner by the board of education of a  city  school
  district or by the trustee or board of trustees or board of education in
  other  types  of  school  districts upon the motion of a majority of the
  voters of such school district, present  and  voting  at  an  annual  or
  special  school  district  meeting  or  election  adopting  a resolution
  directing the school board or trustees to file such petition.
    (b) The commissioner within  thirty  days  after  receipt  of  such  a
  petition  for  a formal public hearing shall designate by written notice
  the place of such hearing and fix a date therefor not less  than  thirty
  nor more than sixty days from the date of such notice. Such notice shall
  include  (1)  the  time  and place of the formal public hearing, (2) set
  forth the petitioner's proposed change or changes, (3)  the  established
  plan of reorganization.
    (c) Upon receipt of such notice of such hearing from the commissioner,
  the  petitioning  district  shall  publish  a copy of such notice in one
  newspaper  having  a  general  circulation  in   such   district,   such
  publication to be at least twenty days before such hearing, but if there
  be  no such newspaper, a copy of said notice shall be posted in at least
  twenty public places in said district twenty days before such hearing.

(d) Hearing. The formal public hearing shall be held at the  time  and
  place  specified  in  such notice or amended or republished notice. Such
  hearing may be had before the commissioner or a person designated by him
  as a hearing officer. The commissioner  or  such  person  so  designated
  shall  hear  the  petitioning  school  district,  the department and all
  districts and parties appearing, each  of  whom  may  present  testimony
  under  oath,  supporting  exhibits,  departmental  records and all data,
  maps, sketches and argument, concerning  the  petition.  The  petitioner
  shall  have the burden of showing that the proposed change or changes to
  the existing state plan  assures  and  provides  equally  efficient  and
  economical  educational  facilities to such area or other areas affected
  and that the educational interests of the school children  in  the  area
  will  be at least equally served by such proposed change or changes, and
  that such change or changes will create school districts in the area  or
  areas  affected  which  by reason of actual or reasonably to be expected
  growth, will be of adequate size, and  financial  resources  to  provide
  equally  efficient and economical educational facilities to such area or
  areas to serve  the  educational  interests  of  the  children  resident
  therein in all grades from kindergarten through the twelfth year.
    (e)  Within  sixty days after such hearing is concluded and all papers
  in relation thereto are  submitted,  the  commissioner  shall  render  a
  preliminary  finding recommending whether a change is warranted, setting
  forth his findings and conclusions which shall be based  exclusively  on
  the  evidence presented at the hearing. The commissioner shall recommend
  the amendment or confirmation of the state plan in accordance  with  his
  preliminary  finding  by a report made by him and entered in his office.
  The commissioner shall serve a copy of such preliminary finding upon the
  clerk or in the event that there is no clerk, the trustee or trustees of
  the school districts located in the affected area or areas. In the event
  that such districts do not agree with  such  preliminary  findings,  the
  school  districts  affected by the terms of such preliminary finding may
  within thirty days apply to the chancellor of the board of  regents  for
  the  appointment  of  a  committee of the regents to review the proposed
  amendment or confirmation of the  state  plan.  In  the  event  that  an
  application  to  the  chancellor  is not made within thirty days for the
  appointment of a committee of the regents, the preliminary finding shall
  become an order without further action of the commissioner.
    (f) Upon receipt of such application, the chancellor shall  appoint  a
  committee of three members of the regents, one of whom shall be a regent
  whose  judicial district includes all or part of the areas affected. The
  committee of regents shall review the proposed amendment or confirmation
  of the state plan. In the event the committee is unable to  resolve  the
  differences between the commissioner and such school districts, it shall
  within  sixty  days  from the date of the appointment of such committee,
  make an order reversing, affirming, or modifying,  wholly  or  in  part,
  such  preliminary finding of the commissioner and amending or confirming
  the state plan setting forth the committee's  findings  and  conclusions
  which  shall  be  based  exclusively  on  the  evidence presented at the
  commissioner's hearing and any  additional  evidence  presented  at  the
  committee's  review.  The  committee shall have the discretion to permit
  additional evidence to be presented by any party. The commissioner shall
  serve a copy of such order upon the clerk or in the event  there  is  no
  clerk,  the  trustee  or trustees of the school districts located in the
  affected area or areas.
    (g) Such order of the committee of the regents shall  be  binding  and
  final  and  subject  to  review pursuant to article seventy-eight of the
  civil practice law and rules. The scope  of  review  shall  include  the

question  whether the determination is on the entire record supported by
  substantial evidence.
    (h)  The commissioner shall establish and promulgate rules of practice
  and procedures in connection with such hearings, shall provide  for  the
  attendance  of  the hearing officer, regulate the course of the hearing,
  fix the time for filing of briefs and other documents, provide a hearing
  stenographer and for the making of a record as well as the making  of  a
  full  transcript  of  all  proceedings  at  the hearing and shall at the
  request of any party, school district or interested person have prepared
  and furnish a copy of the transcript or any part thereof upon payment of
  the costs therefor.
    (i) School districts designated in the established plan by an order of
  the committee of the regents shall be made parties  by  the  petitioning
  district.  Districts  which  may  be affected by the proposed change may
  join or be joined in such proceeding by the commissioner or any party.
    4. Whenever a school district scheduled for  reorganization  fails  to
  institute  such  proceeding hereunder within two years subsequent to the
  filing of an established plan  of  reorganization  by  the  commissioner
  pursuant  to  paragraph  two herein, the state plan of reorganization in
  existence at that time shall be final and  binding  upon  all  districts
  affected thereby. After such two year period, such district may petition
  the  commissioner  for  a  change in such final and binding plan upon an
  additional showing that material changes have occurred  since  such  two
  year  period.  No proceeding shall again be brought until two years have
  elapsed since a final determination hereunder.
    5. Nothing herein  contained  shall  delay,  or  interfere  with,  the
  exercise of the powers of the commissioner of education vested in him by
  articles  thirty-seven or forty or sections fifteen hundred twenty-four,
  fifteen  hundred  twenty-five  or  fifteen  hundred  twenty-six  of  the
  education law.
    6.  Whenever any school district scheduled for reorganization pursuant
  to the state plan  of  reorganization  as  herein  established  has  not
  consolidated  or  reorganized  in  accordance therewith within two years
  after  the  entry  of  an  order  pursuant  to  subdivision  two  herein
  establishing such final plan of reorganization for the affected district
  or  districts,  or  has  failed  within  such time after receipt of such
  notice to institute a proceeding for a change in  accordance  with  this
  section,  or  is  unable  to  show  that  such  district  has  adopted a
  resolution or resolutions in accordance with sections  eighteen  hundred
  one  through eighteen hundred three, fifteen hundred ten through fifteen
  hundred  thirteen,  fifteen  hundred  twenty-two  and  fifteen   hundred
  twenty-three,  fifteen hundred twenty-four or fifteen hundred twenty-six
  of this chapter in favor of such reorganization or that in the  case  of
  an  order of dissolution and annexation, such district has not asked for
  a referendum pursuant to subdivision two  of  section  eighteen  hundred
  two,  and  is being prevented from reorganizing by the action of another
  district which is part of the same plan  of  reorganization,  commencing
  with  the  school  year  following the school year in which the two-year
  period expired, such school district shall not be  eligible  to  receive
  any building aid exceeding the building aid which such district would be
  entitled  to receive in accordance with the applicable provisions of the
  education law in existence on July first,  nineteen  hundred  sixty-five
  until  such  reorganization shall take place, except for such additional
  amounts as may be computed as due  on  debt  service  already  incurred;
  provided,  however,  that  nothing  contained  in this subdivision shall
  prevent  the   apportionment   of   building   aid   for   construction,
  reconstruction,   alterations   of   or  additions  to  school  building
  facilities for the use of grades kindergarten  through  eight,  provided

the commissioner shall find that (1) existing facilities are obsolete or
  inadequate  and  (2) that the construction for which aid is sought would
  be capable of substantial educational use by the reorganized district in
  the   event   that  the  reorganization  under  the  existing  plan  for
  reorganization is effected.