Relates to the dissolution of union free school district number 13 in the town of Greenburgh; repealer

Summary of specific provisions

Section 1 of the bill repeals Chapter 559 of the laws of 1972, relating to establishing union free school district number 13 in the town of Greenburgh in the county or Westchester.

Section 2 provides that any funds remaining in the possession of the school district after all its debts and obligations have been paid, shall be paid to the board of cooperative education services of the sole supervisory district of the county of Westchester (Southern Westchester BOCES) for the services provided to such union free school district. Although the school district is dissolved, the school shall continue to exist in law for the purposes of paying all debts, provided that South- ern Westchester BOCES shall be authorized to act on behalf of the school district pursuant to section three of this act.

Section 3 authorizes Southern Westchester BOCES to take any actions on behalf of the school district that are reasonably necessary to complete the closedown and dissolution of the school district that the board of education would have, including but not limited to, the power to enter contracts, pay outstanding debts, from the assets reimbursed for the closedown of the school district, provided that BOCES shall not pay outstanding debts from its own funds or be liable for any outstanding debt incurred by the school district, sell school district property if any, with approval of the commissioner, and to bill for and receive any reimbursement due and owing for tuition pursuant to the education law or any other provision of law for services rendered to students on or before the school district ceased operation an July 1, 2011 and reimbursement for closedown costs determined pursuant to this section. Reimbursement for costs incurred for closedown of the school district shall include only those set forth in this section and shall be included in the closedown rate payable by each school district or social service district responsible for tuition for students attending the school district in the 2010-2011 school year. The closedown rate may be paid over three consecutive years after the closedown rate is established,

provided that costs due to Southern Westchester BOCES for carrying out its administrative duties under this act may be paid in the first installment. Furthermore, services provided by Southern Westchester BOCES shall not result in an additional costs being imposed on component school districts except those costs imposed on a component school district pursuant to a closedown rate calculated under this section.

Section 4 directs that the records of the school district shall be forwarded to Southern Westchester BOCES for preservation. The records shall be deemed to be records of the Southern Westchester BOCES for purposes of the management and disposition of the records and for local government records management grants.

Section 5 specifies that the territory comprising the school district shall revert to and become part of the Irvington union free school district in the county of Westchester.

Section 6 of the bill amends Section 1 of Chapter 566 of the laws of 1967, relating to providing for the apportionment of funds to certain special school districts, as amended by Chapter 213 of the laws of 2011 eliminating the school district from the school districts entitled to the apportionment of public moneys.

Section 7 of the bill is the effective date.

Justification

The union free school district number 13 in the town of Greenburgh, County of Westchester ceased its operations as of June 30, 2011 but has not completed its fiscal closure or been dissolved. This legislation will establish the appropriate closure procedures for the school district; provide for its dissolution and authorize the appropriate transfer of the school district's records.

Legislative history

New Bill - 2014

Effective date

This act shall take effect immediately.