Provides for approval of a resolution for the consolidation or annexation of school districts by a majority of all qualified electors voting

Summary of provisions

Section 1 amends subdivision 1 of section 1705 of the education law, as amended by chapter 251 of the laws of 1993, to permit a majority vote of voters of all school districts to approve the annexation of a one or more common, union free or central school districts to one or more adjoining union free school district.

Section 2 amends paragraph c of subdivision 2 of section 1705 of the education law, as added by chapter 251 of the laws of 1993, to provide that upon a majority vote as described in subdivision 1 of section 1705 of the education law, the affected districts would be annexed to the existing union free school district.

Section 3 amends subdivision 1 of section 1512 of the education law, as amended by chapter 461 of the laws of 1996, to permit a majority vote of all qualified electors present and voting in favor of a resolution for consolidation.

Section 4 amends subdivision 4 of section 1801 of the education law to specify that a central school district cannot operate until organized by qualified votes the affect school districts.

Section 5 amends paragraph b of subdivision 1 of section 1802 of the education law, would require a petition requesting the organization of a central school also request a special meeting of the qualified votes for the school affected districts.

Section 6 amends subdivision 1 of section 1803-a of the education law, as added by chapter 801 of the laws of 1950, to permit a majority vote of all qualified electors present and voting in favor of an order laying out a central school district.

Section 7 amends paragraph a of subdivision 2 of section 1803-a of the education law, as added by chapter 801 of the laws of 1950, to require that elections for the establishment of a central school district be designated for a vote by all qualified votes in the affected districts.

Section 8 amends paragraph a of subdivision 6 of section 1804 of the education law, as amended by chapter 554 of the laws of 1964, to require that the board of education receive a majority vote of the newly approved central school district in order to sell or otherwise

dispose of the property of the school district that existed prior to the approved central school district.

Section 9 sets forth the effective date.

Justification

Current law requires a majority of voters in each district approve a proposed consolidation, annexation or centralization in order for a resolution to be adopted. This makes it more difficult to consolidate or centralize schools. In addition, a failing vote means that the issue cannot be raised again for another year.

Both the New York State Commission on Needed Local Government Efficiency and Competitiveness, and the New York State Commission on Property Tax Relief released reports in 2008 that recommended school consolidations and mergers as economically beneficial for school districts and by extension the tax payers. In the spirit of cost savings and efficiency, this bill would make it easier for school districts to combine and generate those savings.

Also, both reports and the New York State Department of Education recognized mergers and consolidations as a means to provide greater opportunities to students, including advanced classes and specialized classrooms. This would be especially beneficial to small, frequently rural, school district who are not able to provide these benefits to their students due to their low student population and lack of resources.

Legislative history

2013,2014: S.2623 Referred to Education 2011,2012: S.4380 Referred to Education

Fiscal implications

None to the state. Potential to save money for taxpayers and local government.

Effective date

This act shall take effect immediately.