Section 1524. Consolidation with city school district  


Latest version.
  • 1.  Notwithstanding
      the provisions of this chapter or any other general, special,  or  local
      law  to the contrary, whenever the qualified voters of a school district
      which is contiguous to the city school district of a city with less than
      one hundred twenty-five thousand inhabitants, according  to  the  latest
      federal census, by a majority vote taken at an annual or special meeting
      of  such  district  shall adopt a proposition to consolidate such school
      district with such city school district, and the board of  education  of
      such  city  school  district  shall  by  resolution duly adopted consent
      thereto, the commissioner of education may  by  order  consolidate  such
      school  district with such city school district; provided, however, that
      where several school districts are contiguous to each other and at least
      one of such school districts is contiguous to such city school district,
      such vote may be taken in each of such  school  districts  at  the  same
      time,  and  if  the  proposition to consolidate is adopted by a majority
      vote in each such district, including any votes cast by absentee  ballot
      as  provided  under  section  two  thousand  eighteen-a  or two thousand
      eighteen-b of this chapter, whichever shall apply, and upon the  consent
      of  the  city  school  district  board of education, the commissioner of
      education may include each such district in one order of  consolidation;
      provided,  further,  however,  that if the proposition to consolidate is
      not adopted by a majority vote in each such district, but is so  adopted
      in  one  or  more of such districts, upon the consent of the city school
      district board of education, the commissioner may include in  one  order
      of consolidation only such district or districts as, either singly or as
      a  group, are contiguous to such city school district.  Such order shall
      specify a date on which the same shall take effect, and shall  have  the
      same effect as an order made by a district superintendent dissolving two
      or more common school districts and forming a new district therefrom, or
      dissolving one or more common school districts and uniting the territory
      thereof  to a union free school district under the provisions of article
      thirty-one of this chapter.  A copy of such order shall  be  filed  with
      the clerk of each school district affected thereby.
        2.    Unless  the  effective date of such order of consolidation shall
      coincide with the beginning of  the  fiscal  year  of  the  city  school
      district,  the  board  of education of the city school district upon the
      effective date of the order of consolidation, shall levy a tax upon  the
      area  so  consolidated  with  the  city  school  district, to defray the
      expenses of educating the pupils of such area from the effective date of
      the consolidation to the beginning of the next ensuing  fiscal  year  of
      the  city  school district.   For this purpose, the school tax rate used
      for the fiscal year of the city  school  district  in  progress  on  the
      effective  date of such order shall be used, except that such rate shall
      be divided by twelve and multiplied by the number of months  intervening
      between  the  effective date of such order and the beginning of the next
      ensuing fiscal year of the city school district.  The tax list for  this
      purpose  shall  be  prepared  and confirmed within thirty days after the
      effective date of such consolidation.
        3.   In any city  school  district  with  which  one  or  more  school
      districts  shall  have  been  consolidated  under the provisions of this
      section, the proper equalization rate  shall  be  fixed  and  determined
      annually  pursuant to the provisions of section thirty-five hundred five
      of this chapter.