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Current as of January 01, 2024 | Updated by FindLaw Staff
1. Any district superintendent by order may dissolve one or more districts and may from such territory form a new district. He may also unite such territory or a portion thereof, by order, to any adjoining school district including a union free school district having a population of forty-five hundred or more and employing a superintendent of schools but excepting a city school district. He shall file such order with the clerks of the school districts affected and also with the town clerks of the towns in which the districts are located, and a copy with the commissioner of education. Such order shall designate the date upon which it shall take effect, which shall be not less than ninety days after the date of filing. If such action is to affect a district or districts within the territory of more than one superintendent, it shall be taken by a majority of them, at a meeting duly called by one or more of them.
2. Within thirty days after the filing of the order any district affected thereby may at a meeting duly called, by a majority vote of the legally qualified voters thereof present and voting at such meeting, present to the county judge of the county in which the district is located, a statement in writing that such district objects to the order and requests the appointment of a committee as provided in this section. Such judge, within ten days after the filing of such statement and request, shall appoint a committee of three disinterested persons, residents of the county or counties in which the districts affected are located but nonresidents of such school districts, at least two of whom shall reside outside of an incorporated village or village district, and shall designate one of such committee to act as chairman thereof, and shall, at the time of the appointment, file with such chairman such statement and request and a certificate of such appointments and designation. Within thirty days after the receipt of such papers by the chairman, such committee shall call a hearing and decide the matter, and the decision shall be final unless duly appealed from as hereinafter provided. Such decision shall either affirm, vacate or modify the order of the district superintendent or superintendents, and, together with the papers and evidence in the matter, shall be filed with the commissioner of education by the chairman of such committee. Such committee also shall file a copy of its decision with the clerks of the school districts affected, and also with the town clerks of the towns in which the districts are located and with the district superintendent or superintendents who made the original order. In the event that such committee does not make and file its decision as hereinbefore provided, then the order of the district superintendent or superintendents shall become effective in accordance with its terms, and the members of such committee shall not be entitled to receive their fees as hereinafter provided. The members of such committee shall each be entitled to ten dollars for each day actually and necessarily spent in the business of the committee, and the amount thereof shall be a charge upon the school districts affected, in proportion to the actual valuation of such districts. Within twenty days from the making and filing of such decision, any district affected may at a meeting duly called, by a majority vote of the legally qualified voters thereof present and voting, appeal to the commissioner of education as provided in article seven of this chapter.
Cite this article: FindLaw.com - New York Consolidated Laws, Education Law - EDN § 1505. Dissolution, reformation and construction of districts - last updated January 01, 2024 | https://codes.findlaw.com/ny/education-law/edn-sect-1505/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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