S T A T E O F N E W Y O R K
________________________________________________________________________
831
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Education
AN ACT to provide for the payment of the debts and obligations of the
West Park union free school district in the town of Esopus in the
county of Ulster; to amend chapter 566 of the laws of 1967 relating to
providing for the apportionment of funds to certain special school
districts, in relation to eliminating references to the West Park
union free school district; and to repeal chapter 744 of the laws of
1973 relating to establishing and constituting as a separate union
free school district certain territory in the town of Esopus in the
county of Ulster, in relation thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 744 of the laws of 1973 relating to establishing
2 and constituting as a separate union free school district certain terri-
3 tory in the town of Esopus in the county of Ulster is REPEALED.
4 S 2. Section 1 of chapter 566 of the laws of 1967, relating to provid-
5 ing for the apportionment of funds to certain special school districts,
6 as amended by section 6 of chapter 446 of the laws of 2014, is amended
7 to read as follows:
8 Section 1. Notwithstanding the provisions of section 3602 and 3602-b
9 of the education law, and in lieu of any apportionments to which such
10 school districts might otherwise be entitled under such sections or
11 under any other provisions of law, the commissioner of education is
12 hereby authorized to include the following school districts in the annu-
13 al apportionment of public moneys and such apportionment shall be
14 computed in accordance with the provisions of sections two, three and
15 four of this act: union free school district number twenty-seven of the
16 town of Dryden, Tompkins county; union free school district number eight
17 of the town of Canaan, Columbia county; union free school districts
18 numbers ten, eleven and twelve of the town of Greenburgh, Westchester
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06341-01-5
A. 831 2
1 county; union free school districts numbers three and four of the town
2 of Mount Pleasant, Westchester county; union free school district number
3 six, Blythedale, town of Mount Pleasant, Westchester county; and
4 Randolph Children's Home union free school district of the town of
5 Randolph, Cattaraugus county; [West Park union free school district
6 number two, town of Esopus, Ulster county;] common school district
7 number seven of the town of Oyster Bay, Nassau county; the Hopevale
8 union free school district, town of Hamburg, Erie county; and union free
9 school district number three, town of Riverhead, Suffolk county.
10 S 3. Section 1 of chapter 566 of the laws of 1967, relating to provid-
11 ing for the apportionment of funds to certain special school districts,
12 as amended by section 7 of chapter 446 of the laws of 2014, is amended
13 to read as follows:
14 Section 1. Notwithstanding the provisions of section 3602 and 3602-b
15 of the education law, and in lieu of any apportionments to which such
16 school districts might otherwise be entitled under such sections or
17 under any other provisions of law, the commissioner of education is
18 hereby authorized to include the following school districts in the annu-
19 al apportionment of public moneys and such apportionment shall be
20 computed in accordance with the provisions of sections two, three and
21 four of this act: union free school district number twenty-seven of the
22 town of Dryden, Tompkins county; union free school district number eight
23 of the town of Canaan, Columbia county; union free school districts
24 numbers ten, eleven and twelve of the town of Greenburgh, Westchester
25 county; union free school districts numbers three and four of the town
26 of Mount Pleasant, Westchester county; union free school district number
27 six, Blythedale, town of Mount Pleasant, Westchester county; and
28 Randolph Children's Home union free school district of the town of
29 Randolph, Cattaraugus county; [West Park union free school district
30 number two, town of Esopus, Ulster county;] common school district
31 number seven of the town of Oyster Bay, Nassau county; and union free
32 school district number three, town of Riverhead, Suffolk county.
33 S 4. Any funds remaining in the possession of the West Park union free
34 school district number two, after all of its debts and obligations have
35 been paid, shall be paid over to each social services district and
36 school district having resident children served by the West Park union
37 free school district number two in the 2010-2011 school year in the same
38 proportion as the number of students placed by each such social services
39 district or school district and served by the West Park union free
40 school district number two in the 2010-2011 school year bears to the
41 total number of students served by the West Park union free school
42 district number two in the 2010-2011 school year. Though the West Park
43 union free school district number two be dissolved, section 1518 of the
44 education law shall be deemed to apply, and it shall continue to exist
45 in law for the purpose of providing for and paying all its just debts;
46 provided that the board of cooperative educational services of the sole
47 supervisory district of the county of Ulster (Ulster BOCES) shall be
48 authorized to act on behalf of the school district pursuant to section
49 four of this act.
50 S 5. Notwithstanding any other provision of law to the contrary,
51 during any period in which there is no duly constituted board of educa-
52 tion of the West Park union free school district number two, Ulster
53 BOCES shall be authorized to take any actions on behalf of the school
54 district that are reasonably necessary to complete the closedown and
55 dissolution of the district that the board of education would have,
56 including but not limited to, the power to enter contracts, pay
A. 831 3
1 outstanding debts for reimbursable costs incurred for closedown of the
2 school district under this section, provided however that the Ulster
3 BOCES shall not pay for outstanding debts using its own funds and shall
4 not be liable for any outstanding debt incurred by the West Park union
5 free school district number two, town of Esopus, Ulster county, sell
6 school district property if any, with approval of the commissioner, and
7 to bill for and receive any reimbursement due and owing for tuition
8 pursuant to article 81 of the education law or any other provision of
9 law for services rendered to students on or before the school district
10 ceased operation on February 28, 2011 and reimbursement for closedown
11 costs determined pursuant to this section. The Ulster BOCES shall review
12 the business records of the school district, including any claims,
13 invoices and bills submitted to the school district during any period in
14 which there was no duly constituted board of education and shall audit
15 any expenses or claims, based on invoices, bills or other documentation,
16 that were not included in an audited financial statement or financial
17 reports submitted to the department by the school district, to determine
18 if such expenses or claims are duplicative of claims previously submit-
19 ted for reimbursement and, if not, whether they are supported by
20 documentation that would substantiate a claim that the expense was
21 incurred by the school district or is otherwise an outstanding debt of
22 the school district. Such audit may be conducted by the claims auditor
23 of the BOCES or, with the approval of the commissioner, by an independ-
24 ent auditor retained by the BOCES. The BOCES shall report to the depart-
25 ment any audited claims that were not included in an audited financial
26 statement or financial report, together with the documentation support-
27 ing such claims. Reimbursement for costs incurred for closedown of the
28 school district, shall include only: (i) any allowable costs approved by
29 the commissioner that were included in the audited financial statement
30 and financial reports submitted by the school district in conformity
31 with the financial reporting requirements; (ii) additional allowable
32 costs, incurred in the 2010-2011 school year or subsequently during the
33 closedown period, that are approved by the commissioner in accordance
34 with the reimbursable cost manual in effect for the 2010-2011 school
35 year and relate to claims that were audited by the Ulster BOCES pursuant
36 to this section and are based on supporting documentation that would
37 substantiate a claim that the expense was incurred by the school
38 district and not duplicative of claims previously reimbursed; and (iii)
39 the actual documented cost to the Ulster BOCES of carrying out its
40 duties under the provisions of this section to close down the school
41 district, as approved by the commissioner based on documentation that
42 such costs were necessary to carry out such duties, shall be included in
43 a closedown rate payable by each school district or social services
44 district responsible for tuition for students attending the special act
45 school district in the 2010-2011 school year. Notwithstanding any other
46 provision of law, rule or regulation to the contrary, such closedown
47 rate may be payable in three installments which shall be as equal as
48 practicable, over three consecutive years after the closedown rate is
49 established; provided that any reimbursement costs due to Ulster BOCES
50 for carrying out its administrative duties under this act may be paid in
51 the first installment. In such capacity, such board of cooperative
52 educational services and its officers and employees shall be entitled to
53 defense and indemnification by the state pursuant to section 18 of the
54 public officers law. Services provided by the Ulster BOCES under this
55 act shall not result in any additional costs being imposed on component
A. 831 4
1 school districts, except those costs imposed on a component school
2 district pursuant to a closedown rate calculated under this section.
3 S 6. The records of the West Park union free school district number
4 two, shall be forwarded to the district superintendent of schools of the
5 Ulster BOCES for preservation. Notwithstanding any other provision of
6 law to the contrary, such records shall be deemed to be records of the
7 Ulster BOCES for purposes of the management and disposition of such
8 records and local government records management grants pursuant to
9 section 57.35 of the arts and cultural affairs law.
10 S 7. The territory comprising the West Park union free school district
11 number two, town of Esopus, county of Ulster, shall revert to and become
12 a part of the Highland Central school district in the county of Ulster.
13 S 8. That certain Agency Lease dated August 12, 1998 between Mission-
14 ary Sisters of the Sacred Heart, a New York not-for-profit corporation
15 and the West Park union free school district number two is hereby termi-
16 nated.
17 S 9. This act shall take effect immediately; provided that section
18 three of this act shall take effect on the same date and in the same
19 manner as section 5 of chapter 213 of the laws of 2011, as amended,
20 takes effect.