N.Y.
Education Law Section 1802
Organization procedure
1.
New central school districts shall be organized as provided in this subdivision.a.
When an order laying out a central school district has been made and entered as provided in § 1801 (Formation and changes of central school districts)section eighteen hundred one of this chapter, a petition may be presented by persons qualified to vote at school district meetings asking for the organization of a central school district and the establishment of a central school therein. Said petition shall be signed by at least one hundred of such qualified voters or by a number of such qualified voters equal to at least ten per centum of the pupils of said central school district as determined by the last school census, whichever shall be less.b.
Said petition shall be filed with the commissioner and shall request that a meeting of the qualified voters within said territory be called for the purpose of determining whether or not such territory shall be organized as a central school district and a central school be established therein for instruction in elementary or elementary and high school subjects. If the commissioner is satisfied that the petition has been duly signed as provided in this section, he shall fix a time and place for a special meeting of the qualified voters within the central school district, which meeting shall be held not more than thirty days after the filing of the petition aforesaid. The commissioner shall cause notice of such meeting to be posted at least ten days before the meeting in three conspicuous places in each school district wholly or partly within the central school district. In addition to the posting of such notice, a copy thereof shall be published at least three days before the meeting in a daily or weekly newspaper published within the territory or in a newspaper circulating therein. The expense of posting and publishing of the notice shall be borne equally by the several school districts within the territory, unless a central school district is organized, in which event such expense shall become a charge upon said central school district.2.
Territory shall be annexed to a central school district as provided in this subdivision.a.
When an order annexing territory to a central school district has been made and entered as provided in § 1801 (Formation and changes of central school districts)section eighteen hundred one of this chapter, the commissioner shall within ten days thereafter cause certified copies of said order to be filed with the clerk of the central school district and the trustee or trustees of each school district affected thereby. Said order annexing territory to the central school district shall become final sixty days after such filing of the certified copy thereof, unless a permissive referendum is requested as hereinafter provided. Said order may state that it shall take effect on a date specified therein which date shall not, however, be earlier than sixty days after such filing.b.
When at least one hundred of the qualified voters residing in a central school district, as it existed prior to the order of annexation, or a number of such qualified voters equal to at least ten per centum of the pupils therein, as determined by the last school census, whichever shall be less; or when at least one hundred qualified voters residing within any school district affected by such order or a number of such qualified voters equal to at least ten per centum of the pupils therein, as determined by the last school census, whichever shall be less, shall, within sixty days after the last filing of the copies of the aforesaid order, file a petition with the commissioner requesting a special meeting of the qualified voters of such district affected thereby, a special meeting shall be held pursuant to notice, as hereinafter set forth, to determine whether the order annexing the school district or districts, or any one of such districts, shall be approved. If the commissioner determines that the petition has been duly signed by the number of qualified voters required, he shall fix a time and place, within thirty days after the receipt by him of said petition, for a special meeting of the qualified voters of the central school district or school district in respect of which a petition has been filed as aforesaid. The commissioner shall cause notice thereof to be posted at least ten days before the meeting in ten conspicuous places in such central school district or such school district. In addition to the posting of such notice a copy thereof shall be duly published, at least three days before the meeting, in a daily or weekly newspaper published within such central school district or any of the school districts in which such meeting is to be held, or in a newspaper circulating in the territory. The expense of posting and publishing the notice aforesaid shall be a charge upon the central school district or school district conducting such meeting.
Source:
Section 1802 — Organization procedure, https://www.nysenate.gov/legislation/laws/EDN/1802 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
