Section 1913. Laying out; referendum procedure  


Latest version.
  • 1. The commissioner is
      authorized  to  lay  out  a  central  high  school  district   for   the
      establishment  and  maintenance  of  instruction for secondary pupils in
      grades seven through twelve and to fix its boundaries.
        2. Within ten days after the making and entry of the order pursuant to
      this section, the commissioner shall transmit a certified  copy  thereof
      to  the  clerk,  or  in  the  event there is no clerk, to the trustee or
      trustees of each school district affected by such order. The clerk,  the
      trustee  or  trustees, as the case may be, shall, within five days after
      receipt of such order, post a copy thereof in five conspicuous places in
      such district.
        3.  No  central  high  school  district  laid  out  by  order  of  the
      commissioner  shall operate as such until it has been established by the
      qualified voters of the district in accordance with  the  provisions  of
      this article.
        4.  Upon  the request of the boards of education of two or more school
      districts involved,  or  upon  the  receipt  of  petitions  representing
      qualified voters equal to ten percent of resident school age pupils from
      each  of  a  majority  of the districts to be included, the commissioner
      shall order a referendum to  be  conducted  in  each  of  the  districts
      included  in  the proposed reorganization. The conduct of such referenda
      shall be consistent with the provisions  of  sections  eighteen  hundred
      one,  eighteen  hundred two, eighteen hundred three and eighteen hundred
      four of this chapter, except as specifically provided in  this  article.
      If  the  resolution  to  establish  the  central high school district is
      passed in all of the districts, the central high school  district  shall
      be  established as laid out. If the proposition to establish the central
      high school district shall fail to receive a majority of the votes  cast
      in  any district, the order laying out such central high school district
      shall be deemed void. However, nothing herein  contained  shall  prevent
      the  commissioner  from  issuing  a  new  order  and  ordering a vote in
      districts in which a resolution shall have received a  majority  of  the
      votes  cast.  An order defeated at the polls may not be reissued for two
      years.  Notwithstanding any inconsistent provision of law, upon  consent
      of  the  commissioner  and each of the boards of education of the school
      districts involved, there may  also  be  offered  before  the  qualified
      voters  of all the districts, at the same time as the referendum to form
      a central high school district, a bond referendum for  the  construction
      of  a  new  high  school  to serve as the central high school of the new
      central  high  school  district,  provided,  however,  that  if   either
      referendum  shall  fail  to  gain approval, both shall be deemed to have
      failed and provided, further, that the boards of education of the school
      districts  involved  shall  submit  the  proposition   and   that   such
      proposition  shall  be  deemed  to  have  been submitted by the board of
      education of the newly formed central high school district. The board of
      education of the central high school district subsequently formed  shall
      be  authorized  to  carry  out  all  acts  necessary  to effectuate such
      construction, and such board  shall  be  deemed  to  have  assumed  full
      authority  to  take  all  action necessary and to proceed with all other
      business to establish the central high school district and to enter into
      any and  all  contracts,  including  but  not  limited  to  construction
      contracts,  and  be  eligible  for  any  and all state aid and state aid
      reimbursement pursuant to subdivision six and paragraph c of subdivision
      fourteen of section thirty-six hundred two  of  this  chapter,  provided
      that  the percent increase pursuant to such paragraph c shall be thirty,
      and shall be in effect for expenditures incurred on or  after  the  date
      upon  which  a bond referendum for the construction of a new high school
    
      to serve as the central high school  of  the  new  central  high  school
      district is offered before the qualified voters of the district.