Relates to the Randolph Academy union free school district and the dissolution of union free school district number 3 in the town of Hamburg

Summary of specific provisions

Section one amends the existing authority of Randolph Academy union free school district by renumbering existing section 4 of chapter 140 of the laws of 1985 to "4.a." and adding new §4. b. through §4.d.

§4.b. authorizes Randolph Academy union free school district, with the consent of the New York State Education Department, to acquire, purchase, lease or otherwise operate the territory and buildings constituting the union free school district number three, town of Hamburg, county of Erie (known as the Hopevale union free school district) and to operate educational programs approved by the state education department at such site.

§4.c. allows Randolph Academy union free school district territory to include the Hopevale union free school district territory for so long as such territory is held by deed or lease, and upon any termination of such interest, allows for the reversion of the territory to the Frontier central school district provided all the bonds or notes issued by the Dormitory Authority of the State of New York in connection with the financing of certain improvements in such territory are no longer outstanding.

§4.d. authorizes the Randolph Academy union free school district, with the consent of the state education department, to operate, purchase or lease the territory, facilities and assets currently or formerly of the union free school district number three, town of Hamburg, county of Erie known as Hopevale union free school district and/or owned by Hopevale, Inc.

Section two amends the existing provisions of chapter 934 of the laws of 1971 and chapter 501 of the laws of 1986 relating to the Hopevale union free school district by amending the existing §3.a) by providing an exception to the required reversion of the territory comprising such school district to the Frontier central school district upon the ceasing of its operation in the case of continued operation by the Randolph Academy union free school district.

Section two also adds a new §3.b), whereby only a portion of the existing territory of the Hopevale union free school district is acquired, purchased or leased or otherwise operated by the Randolph Academy union free school district, the remaining portion of such territory shall cease to be a part of the Hopevale union free school district and if such remaining portion is sold to a party other than Randolph Academy union free school district, such territory shall revert to the Frontier Union free school district.

Section three adds four new sections (6, 7, 8 and 9) to chapter 934 of the laws of 1971 relating to the Hopevale union free school district.

§6 states that if the territory of the Hopevale union free school district is purchased by a party other than Hopevale, Inc, Our Lady of Refuge or the Randolph Academy union free school district, such district known as the Hopevale union free school district continues to exist as a non-operating union free school district only for the purposes set forth in section 8 of the act, and when the bonds or notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such school district are no longer outstanding, the Hopevale union free school district shall be dissolved and its territory shall revert to the Frontier central school district, and while non-operating, the Hopevale union free school district shall be ineligible for state aid.

§7 provides that in the event all or a portion of the territory of the Hopevale union free school district is acquired, purchases, leased or otherwise operated by the Randolph Academy union free school district, the Hopevale union free school district will continue as a non-operation school district only for the purposes described in section 8 of the act for the duration of the period in which Randolph Academy owns, leases or operates such territory or until the bonds or notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such school district are no longer outstanding, and during such period as a non-operating school district, the Hopevale union free school district shall be ineligible for state aid and will be dissolved at the conclusion of such period.

§8 of the bill is divided into two subsections. Subsection a. provides for the continuation of the Hopevale union free school district as a non-operating school district when its territory is acquires, leased

or otherwise operated by Randolph Academy until such time as the bonds and notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such .school district are no longer outstanding and provides for the distribution of the remaining assets of such union free school district after such time to the first supervisor district of Erie county unless otherwise provided. Subsection b. provides for the delivery of the records of the Hopevale union free school district upon its dissolution to the first supervisor district of Erie county unless otherwise provided.

§9 of the bill states that in the event the territory of the Hopevale union free school district is acquired, purchase, leased or otherwise operated by the Randolph Academy union free school district, the records {subsection a.} and remaining funds (subsection b.) of Hopevale union free school district shall be delivered to Randolph Academy union free school district. Subsection c. authorizes Randolph Academy union free school district to receive reimbursement for tuition or maintenance pursuant to provisions of the education law and to receive building aid payments for payment to the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at such school district. Subsection d. authorizes the funds held by the state comptroller for payment of the bonds and notes of the Dormitory Authority of the State of New York issued in connection with the financing of certain facilities at the Hopevale union free school district to continue to be so held for such payment(s).

Section four authorizes, but does not require, Randolph Academy union free school district to assume the obligations of the Hopevale Union free school district to the Dormitory Authority of the State of New York or to operate the facilities at such school district, and authorizes each such school district to enter into such agreements as are necessary to fulfill such intent.

Section five deletes the reference to the Hopevale union free school district from the apportionment of certain state funds under chapter 566 of the laws of 1967.

Section six adds a new undesignated paragraph to paragraph (b) of subdivision 2 of section 1676 of the public authorities law and adds Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities located in Erie county, New York.

Section seven adds a new undesignated paragraph to subdivision 1 of section 1680 of the public authorities law authorizing the Dormitory Authority of the State of New York to extend financing to the Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities located in Erie county, New York.

Section eight adds a new section 3{a) to chapter 737 of the laws of 1988 and authorizes Randolph academy union free school district to enter into certain agreements and leases with the Dormitory Authority of the State of New York to the extension of financing to the

Randolph Academy union free school district for the purpose of financing, acquisition, construction, reconstruction, renovation and improvement for facilities located in Erie county, New York.

Section nine states the effective date of the bill as July 1, 2011.

Justification

Both Hopevale union free school district (HUFSD) and Randolph Academy union free school district (RAUFSD) are special act public school districts located in Western New York. Both special act public school districts were created by the legislature to provide intensive quality education for special needs students within specified residential facilities. The special act public school district's programs are approved by the New York State Education Department, offering such services as therapy, counseling, and behavior management in addition to a full twelve month academic program. While the authority to provide educational services is contingent on the existence of the residential facility, special act public school districts also provide services to day students.

Both HUFSD and RAUFSD are located on property owned by private entities. Hopevale Inc., the residential facility that serves the students of HUFSD, has recently elected to close. As stated, without a residential facility, HUFSD loses its authority to provide educational services and therefore is required to close as well. This loss affects not only the educational program and related services provided to the residential students, but also the students participating in HUFSD's day program. The closure of HUFSD will negatively impact the special needs children living in Western New York.

This legislation permits RAUFSD to continue providing the educational services needed in Erie county by extending its territory to include the HUFSD. The legislation permits RAUFSD to acquire, purchase, lease or otherwise operate the faculties located at HUFSD, and authorize the Dormitory Authority of the State of New York to extend financing to the RAUFSD for the purpose of such acquisition, purchase or lease.

These are necessary provisions required to ensure that the students served by HUFSD will continue to receive educational and related services that meet the specialized needs of their individual educational plans.

In addition, by authorizing RAUFSD to extend its service area the legislation provides an opportunity for 50 jobs to be saved which would otherwise been lost to the closure of HUFSD.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect July 1, 2011, provided that if it shall become a law after such date, this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2011; except that section five of this act shall take effect upon dissolution of union free school district number three in the town of Hamburg, Erie county pursuant to the provisions of section three of this act.