Procedures for Alteration of School District Boundaries
REF: Education Law, Sections 1506, 1507 and 1525 (Cities)
Definition:
A boundary ALTERATION is the transfer of territory (property) from one school district to another. The transfer of several properties between the same districts may be included in a single order.
Responsibility/Authority:
City School Districts - A boundary alteration between a city school district and any other district can only be made with the written consent of the districts and by order of the Commissioner of Education. (Education Law 1525)
Other Districts – A boundary alteration between any other district, except a city, may be ordered by the District Superintendent of Schools, but only with the written consent of each board of education.
N.B. Education Law, Sections 1508 and 1509 are null and void as there are no longer any "dependent" districts following the amendment of Section 1711 in 1996.
Note: The official acts of a District Superintendent and/or a Board of Education, or their refusal or failure to act, relative to boundary alterations is appealable to the Commissioner of Education under Section 310 of the Education Law.
Procedures:
City School Districts - Education Law, Section 1525
The request for a boundary alteration could come from residents, the Superintendent of Schools, board of education, or the District Superintendent. Regardless of the source of the proposal, considerable information is needed before a recommendation can be made to the Commissioner. Usually, the District Superintendent will be asked to supervise the securing of the information, but not always. Sometimes the Superintendent of Schools of the city district will provide the leadership and work needed.
Information Needed:
- An explanation of the requested alteration and the rationale for the transfer and whether or not the residents of the area have been informed of the proposal and have expressed their support for the move.
- Description of Territory to be Transferred. The description must list - present owners, locations (town or city), tax map or assessment roll number, volume and page number of deed recording from County Clerk's office, and other as appropriate. Contiguity must be maintained.
- A Resolution of Consent from each Board of Education.
- An indication from the District Superintendent of Schools that he/she is aware of the transition and any comments that he/she chooses to make.
Review Approval Steps:
- The request of alteration, resolutions of consent and all related information is forwarded to Room 1075 EBA, Office of Educational Management.
- The information is reviewed to see that it is complete and accurate, and a draft order is prepared.
- A recommendation is presented to the Commissioner.
- The recommendation, together with supporting documentation and draft order, is forwarded to the Office of Counsel where a statutory order will be prepared.
- The Commissioner's Order will be forwarded to the District Superintendent by Educational Management staff.
- One duplicate original should be filed with the office of the school clerk of each district, town clerks where the property is located, County Director of Real Property Tax Services, or other person responsible for maintaining tax maps, and in the Office of the District Superintendent.
Procedures:
Other School Districts - Sect. 1506, 1507 Ed. Law
With the written consent of the Boards of Education of the districts involved, the District Superintendent can issue the boundary alteration order. He/she needs to assemble adequate information to make a judgment and issue the necessary orders.
The District Superintendent does not have the authority to change the boundaries of a district without formal consent of each board.
The District Superintendent is expected to submit the information package and the order draft to Room 1075 EBA, Office of Educational Management, and receive concurrence in writing before the order is issued.
Information Needed:
- An explanation of the proposed alteration and rationale supporting the transfer, i.e., transportation, best educational interest of children, community relationships, financial aspects, etc. A record of the number of pupils, the amount of valuation included in the transfer, and the support of the residents should also be included.
- Description of Territory to be Transferred. The description must list present owners, locations (by town), tax map or assessment roll number, volume and page number of deed recording from County Clerk's office, and other as appropriate. Contiguity must be maintained.
- A Resolution of Consent from each Board of Education.
Review Approval Steps:
- The description, information, and rationale are presented to each board for formal action on the resolution of consent - this may be presented by a petition of residents or by the District Superintendent as a result of requests by residents or by his/her own initiative.
- After receiving the resolutions of consent, the District Superintendent prepares an order and submits the package to Room 1075 EBA for review and processing.
- The Order is executed by the District Superintendent, filed with the District Clerk, the town clerk(s) and Office(s) of Real Property Services where the property is located.
- Sample forms and technical assistance are available from Educational Management.