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Code · New York · Education · School District Organization · School Districts

§ 1505. Dissolution, reformation and construction of districts.

599 words·~3 min read·/ny/education/school-district-organization/school-districts/1505·

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§ 1505. Dissolution, reformation and construction of districts. 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.
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