State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-35 > 1705

§ 1705. Annexing  territory  to  a  union  free  school district.   1.  Territory may be annexed to a union free school district as provided  in  this section.    a.  The  commissioner is authorized and empowered to make and enter in  the commissioner's office orders dissolving one or  more  common,  union  free  or  central  school  districts  and annexing the territory of such  districts, or portions thereof, to one  or  more  adjoining  union  free  school  districts,  subject  to  approval  of  the voters of each school  district affected thereby.    b. When an order annexing territory to a union  free  school  district  has  been made and entered as provided in this section, the commissioner  shall, within ten days thereafter, cause certified copies of said  order  to be filed with the clerk or school authorities of each school district  affected  thereby.  Within  thirty  days  of  filing  of such order, the  commissioner shall fix a time and place for a  special  meeting  of  the  qualified  voters  of  each  school  district  affected  by the proposed  annexation and shall cause notice thereof to be posted at least ten days  before each such  meeting  in  ten  conspicuous  places  in  the  school  district.  In  addition  to  the  posting of such notice, a copy thereof  shall be duly published, at least three days before each  such  meeting,  in  a  daily  or  weekly  newspaper  published  within,  or  in  general  circulation in, the school district in which such meeting is to be held.  The expense of posting and publishing such notice shall be a charge upon  the school district conducting such meeting.    2. Except as  provided  in  this  subdivision,  any  special  district  meeting  held pursuant to paragraph b of subdivision one of this section  shall be conducted  in  accordance  with  the  procedures  specified  in  section  eighteen  hundred  three of this chapter.  a. At a meeting held  pursuant to paragraph b of subdivision one of this section, a resolution  in substantially the following form shall be presented  for  the  action  and  determination  of  the meeting, viz.:  "Resolved that the...(insert  simplified name of district in accordance  with  section  three  hundred  fifteen  of this chapter) school district be annexed to the...union free  school district (designate union free school district)  as  provided  in  the order of the commissioner of education now before this meeting."    b.  If  at any such meeting the resolution described in paragraph a of  this subdivision shall be presented and  shall  not  be  adopted,  there  shall  be  no  further  proceedings  at such meeting, except a motion to  reconsider the question. No such meeting shall again be  called  by  the  commissioner  within one year after such original meeting. If no meeting  shall be called to reconsider the question within two years  after  such  original  meeting,  or  if  at  any such meeting called within two years  after such original meeting the resolution shall again  be  rejected  by  the  voters,  the  order  of  the  commissioner  to which the resolution  relates shall be deemed null and void and of no further force or effect.    c. If the resolution submitted to the voters as provided in  paragraph  a  of  this  subdivision  shall  be adopted by the voters of each school  district affected by  the  order  of  the  commissioner,  the  territory  described  therein shall thereupon be annexed to the existing union free  school district or districts as provided in such order.    3. Whenever a common school district, union free  school  district  or  central  school  district becomes a part of a union free school district  pursuant to the provisions  of  this  section,  the  union  free  school  district  of  which  any  such  district shall have become a part, shall  succeed to all the property rights of such common, union free or central  school districts and  all  indebtedness  of  any  such  school  district  evidenced  by bonds or notes or relating to school building construction  shall become a charge upon such union free school district of which suchdistrict shall have become a part, but all  other  indebtedness  of  any  such  district shall be paid by any such district in accordance with the  provisions of section fifteen hundred eighteen of this  chapter  and  to  that  extent  any  such  district shall continue to exist in law for the  purpose of providing for and paying all such indebtedness in  accordance  with the provisions of such section.    4.  Notwithstanding  any  other  provision  of  law, whenever a common  school district, union free school district or central  school  district  is  annexed  in its entirety to a union free school district pursuant to  this section, all employees of the former school districts at  the  time  of  dissolution  shall  immediately  become employees of the reorganized  union free school district, shall retain their tenure and/or  employment  status  and  the  seniority  gained  in  the  annexed  district, and the  seniority list of the employees of the annexed school district shall  be  merged  with  the seniority list of the employees of the annexing school  district. If the number of teaching positions needed to provide services  in the reorganized union free school district is less than the number of  teachers considered to be employees of the reorganized union free school  district pursuant to this subdivision,  the  board  of  education  shall  abolish  the unneeded positions and place teachers on preferred eligible  lists in  accordance  with  section  three  thousand  thirteen  of  this  chapter. For salary, sick leave and other purposes, an employee's length  of  service  with  the  annexed  school  district  shall  be credited as  employment time with the  annexing  union  free  school  district.  This  section  shall  in  no  way be construed to limit the rights of any such  employees set forth in this section granted by any  other  provision  of  law.

State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-35 > 1705

§ 1705. Annexing  territory  to  a  union  free  school district.   1.  Territory may be annexed to a union free school district as provided  in  this section.    a.  The  commissioner is authorized and empowered to make and enter in  the commissioner's office orders dissolving one or  more  common,  union  free  or  central  school  districts  and annexing the territory of such  districts, or portions thereof, to one  or  more  adjoining  union  free  school  districts,  subject  to  approval  of  the voters of each school  district affected thereby.    b. When an order annexing territory to a union  free  school  district  has  been made and entered as provided in this section, the commissioner  shall, within ten days thereafter, cause certified copies of said  order  to be filed with the clerk or school authorities of each school district  affected  thereby.  Within  thirty  days  of  filing  of such order, the  commissioner shall fix a time and place for a  special  meeting  of  the  qualified  voters  of  each  school  district  affected  by the proposed  annexation and shall cause notice thereof to be posted at least ten days  before each such  meeting  in  ten  conspicuous  places  in  the  school  district.  In  addition  to  the  posting of such notice, a copy thereof  shall be duly published, at least three days before each  such  meeting,  in  a  daily  or  weekly  newspaper  published  within,  or  in  general  circulation in, the school district in which such meeting is to be held.  The expense of posting and publishing such notice shall be a charge upon  the school district conducting such meeting.    2. Except as  provided  in  this  subdivision,  any  special  district  meeting  held pursuant to paragraph b of subdivision one of this section  shall be conducted  in  accordance  with  the  procedures  specified  in  section  eighteen  hundred  three of this chapter.  a. At a meeting held  pursuant to paragraph b of subdivision one of this section, a resolution  in substantially the following form shall be presented  for  the  action  and  determination  of  the meeting, viz.:  "Resolved that the...(insert  simplified name of district in accordance  with  section  three  hundred  fifteen  of this chapter) school district be annexed to the...union free  school district (designate union free school district)  as  provided  in  the order of the commissioner of education now before this meeting."    b.  If  at any such meeting the resolution described in paragraph a of  this subdivision shall be presented and  shall  not  be  adopted,  there  shall  be  no  further  proceedings  at such meeting, except a motion to  reconsider the question. No such meeting shall again be  called  by  the  commissioner  within one year after such original meeting. If no meeting  shall be called to reconsider the question within two years  after  such  original  meeting,  or  if  at  any such meeting called within two years  after such original meeting the resolution shall again  be  rejected  by  the  voters,  the  order  of  the  commissioner  to which the resolution  relates shall be deemed null and void and of no further force or effect.    c. If the resolution submitted to the voters as provided in  paragraph  a  of  this  subdivision  shall  be adopted by the voters of each school  district affected by  the  order  of  the  commissioner,  the  territory  described  therein shall thereupon be annexed to the existing union free  school district or districts as provided in such order.    3. Whenever a common school district, union free  school  district  or  central  school  district becomes a part of a union free school district  pursuant to the provisions  of  this  section,  the  union  free  school  district  of  which  any  such  district shall have become a part, shall  succeed to all the property rights of such common, union free or central  school districts and  all  indebtedness  of  any  such  school  district  evidenced  by bonds or notes or relating to school building construction  shall become a charge upon such union free school district of which suchdistrict shall have become a part, but all  other  indebtedness  of  any  such  district shall be paid by any such district in accordance with the  provisions of section fifteen hundred eighteen of this  chapter  and  to  that  extent  any  such  district shall continue to exist in law for the  purpose of providing for and paying all such indebtedness in  accordance  with the provisions of such section.    4.  Notwithstanding  any  other  provision  of  law, whenever a common  school district, union free school district or central  school  district  is  annexed  in its entirety to a union free school district pursuant to  this section, all employees of the former school districts at  the  time  of  dissolution  shall  immediately  become employees of the reorganized  union free school district, shall retain their tenure and/or  employment  status  and  the  seniority  gained  in  the  annexed  district, and the  seniority list of the employees of the annexed school district shall  be  merged  with  the seniority list of the employees of the annexing school  district. If the number of teaching positions needed to provide services  in the reorganized union free school district is less than the number of  teachers considered to be employees of the reorganized union free school  district pursuant to this subdivision,  the  board  of  education  shall  abolish  the unneeded positions and place teachers on preferred eligible  lists in  accordance  with  section  three  thousand  thirteen  of  this  chapter. For salary, sick leave and other purposes, an employee's length  of  service  with  the  annexed  school  district  shall  be credited as  employment time with the  annexing  union  free  school  district.  This  section  shall  in  no  way be construed to limit the rights of any such  employees set forth in this section granted by any  other  provision  of  law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-35 > 1705

§ 1705. Annexing  territory  to  a  union  free  school district.   1.  Territory may be annexed to a union free school district as provided  in  this section.    a.  The  commissioner is authorized and empowered to make and enter in  the commissioner's office orders dissolving one or  more  common,  union  free  or  central  school  districts  and annexing the territory of such  districts, or portions thereof, to one  or  more  adjoining  union  free  school  districts,  subject  to  approval  of  the voters of each school  district affected thereby.    b. When an order annexing territory to a union  free  school  district  has  been made and entered as provided in this section, the commissioner  shall, within ten days thereafter, cause certified copies of said  order  to be filed with the clerk or school authorities of each school district  affected  thereby.  Within  thirty  days  of  filing  of such order, the  commissioner shall fix a time and place for a  special  meeting  of  the  qualified  voters  of  each  school  district  affected  by the proposed  annexation and shall cause notice thereof to be posted at least ten days  before each such  meeting  in  ten  conspicuous  places  in  the  school  district.  In  addition  to  the  posting of such notice, a copy thereof  shall be duly published, at least three days before each  such  meeting,  in  a  daily  or  weekly  newspaper  published  within,  or  in  general  circulation in, the school district in which such meeting is to be held.  The expense of posting and publishing such notice shall be a charge upon  the school district conducting such meeting.    2. Except as  provided  in  this  subdivision,  any  special  district  meeting  held pursuant to paragraph b of subdivision one of this section  shall be conducted  in  accordance  with  the  procedures  specified  in  section  eighteen  hundred  three of this chapter.  a. At a meeting held  pursuant to paragraph b of subdivision one of this section, a resolution  in substantially the following form shall be presented  for  the  action  and  determination  of  the meeting, viz.:  "Resolved that the...(insert  simplified name of district in accordance  with  section  three  hundred  fifteen  of this chapter) school district be annexed to the...union free  school district (designate union free school district)  as  provided  in  the order of the commissioner of education now before this meeting."    b.  If  at any such meeting the resolution described in paragraph a of  this subdivision shall be presented and  shall  not  be  adopted,  there  shall  be  no  further  proceedings  at such meeting, except a motion to  reconsider the question. No such meeting shall again be  called  by  the  commissioner  within one year after such original meeting. If no meeting  shall be called to reconsider the question within two years  after  such  original  meeting,  or  if  at  any such meeting called within two years  after such original meeting the resolution shall again  be  rejected  by  the  voters,  the  order  of  the  commissioner  to which the resolution  relates shall be deemed null and void and of no further force or effect.    c. If the resolution submitted to the voters as provided in  paragraph  a  of  this  subdivision  shall  be adopted by the voters of each school  district affected by  the  order  of  the  commissioner,  the  territory  described  therein shall thereupon be annexed to the existing union free  school district or districts as provided in such order.    3. Whenever a common school district, union free  school  district  or  central  school  district becomes a part of a union free school district  pursuant to the provisions  of  this  section,  the  union  free  school  district  of  which  any  such  district shall have become a part, shall  succeed to all the property rights of such common, union free or central  school districts and  all  indebtedness  of  any  such  school  district  evidenced  by bonds or notes or relating to school building construction  shall become a charge upon such union free school district of which suchdistrict shall have become a part, but all  other  indebtedness  of  any  such  district shall be paid by any such district in accordance with the  provisions of section fifteen hundred eighteen of this  chapter  and  to  that  extent  any  such  district shall continue to exist in law for the  purpose of providing for and paying all such indebtedness in  accordance  with the provisions of such section.    4.  Notwithstanding  any  other  provision  of  law, whenever a common  school district, union free school district or central  school  district  is  annexed  in its entirety to a union free school district pursuant to  this section, all employees of the former school districts at  the  time  of  dissolution  shall  immediately  become employees of the reorganized  union free school district, shall retain their tenure and/or  employment  status  and  the  seniority  gained  in  the  annexed  district, and the  seniority list of the employees of the annexed school district shall  be  merged  with  the seniority list of the employees of the annexing school  district. If the number of teaching positions needed to provide services  in the reorganized union free school district is less than the number of  teachers considered to be employees of the reorganized union free school  district pursuant to this subdivision,  the  board  of  education  shall  abolish  the unneeded positions and place teachers on preferred eligible  lists in  accordance  with  section  three  thousand  thirteen  of  this  chapter. For salary, sick leave and other purposes, an employee's length  of  service  with  the  annexed  school  district  shall  be credited as  employment time with the  annexing  union  free  school  district.  This  section  shall  in  no  way be construed to limit the rights of any such  employees set forth in this section granted by any  other  provision  of  law.