§ 792. Procedure for Formation of an Interstate School District—Article II
A. Creation of planning committee. The New York and Vermont Commissioners of Education shall have the power, acting jointly
to constitute and discharge one or more interstate school district planning committees.
Each such planning committee shall consist of at least two voters from each of a group
of two or more neighboring member districts. One of the representatives from each
member district shall be a member of its school board, whose term on the planning
committee shall be concurrent with his or her term as a school board member. The
term of each member of a planning committee who is not also a school board member
shall expire on June thirtieth of the third year following his or her appointment.
The existence of any planning committee may be terminated either by vote of a majority
of its members or by joint action of the commissioners. In forming and appointing
members to an interstate school district planning board, the Commissioners shall consider
and take into account recommendations and nominations made by school boards of member
districts. No member of a planning committee shall be disqualified because he or
she is at the same time a member of another planning board or committee created under
the provisions of this compact or under any other provisions of law. Any existing
informal interstate school planning committee may be reconstituted as a formal planning
committee in accordance with the provisions hereof, and its previous deliberations
adopted and ratified by the reorganized formal planning committee. Vacancies on a
planning committee shall be filled by the commissioners acting jointly.
B. Operating procedures of planning committee. Each interstate school district planning committee shall meet in the first instance
at the call of any member, and shall organize by the election of a chairman and clerk-treasurer,
each of whom shall be a resident of a different state. Subsequent meetings may be
called by either officer of the committee. The members of the committee shall serve
without pay. The member districts shall appropriate money on an equal basis at each
annual meeting to meet the expenses of the committee, including the cost of publication
and distribution of reports and advertising. From time to time the commissioners
may add additional members and additional member districts to the committee, and may
remove members and member districts from the committee. An interstate school district
planning committee shall act by majority vote of its membership present and voting.
C. Duties of interstate school district planning committee. It shall be the duty of an interstate school district planning committee, in consultation
with the commissioners and the state departments of education: to study the advisability
of establishing an interstate school district in accordance with the standards set
forth in paragraph A of Article I of this compact, its organization, operation and
control, and the advisability of constructing, maintaining and operating a school
or schools to serve the needs of such interstate district; to estimate the construction
and operating costs thereof; to investigate the methods of financing such school or
schools, and any other matters pertaining to the organization and operation of an
interstate school district; and to submit a report or reports of its findings and
recommendations to the several member districts.
D. Recommendations and preparation of articles of agreement. An interstate school district planning committee may recommend that an interstate
school district composed of all the member districts represented by its membership,
or any specified combination of such member districts, be established. If the planning
committee does recommend the establishment of an interstate school district, it shall
include in its report such recommendation, and shall also prepare and include in its
report proposed articles of agreement for the proposed interstate school district,
which shall be signed by at least a majority of the membership of the planning committee,
which set forth the following:
a. The name of the interstate school district.
b. The member districts which shall be combined to form the proposed interstate school
district.
c. The number, composition, method of selection and terms of office of the interstate
school board, provided that:
(1) The interstate school board shall consist of an odd number of members, not less than
five nor more than fifteen;
(2) The terms of office shall not exceed three years;
(3) Each member district shall be entitled to elect at least one member of the interstate
school board. Each member district shall either vote separately at the interstate
school district meeting by the use of a distinctive ballot, or shall choose its member
or members at any other election at which school officials may be chosen;
(4) The method of election shall provide for the filing of candidacies in advance of election
and for the use of a printed nonpartisan ballot;
(5) Subject to the foregoing, provision may be made for the election of one or more members
at large.
d. The grades for which the interstate school district shall be responsible.
e. The specific properties of member districts to be acquired initially by the interstate
school district and the general location of any proposed new schools to be initially
established or constructed by the interstate school district.
f. The method of apportioning the operating expenses of the interstate school district
among the several member districts, and the time and manner of payments of such shares.
g. The indebtedness of any member district which the interstate district is to assume.
h. The method of apportioning the capital expenses of the interstate school district
among the several member districts, which need not be the same as the method of apportioning
operating expenses, and the time and manner of payment of such shares. Capital expenses
shall include the cost of acquiring land and buildings for school purposes; the construction,
furnishing and equipping of school buildings and facilities; and the payment of the
principal and interest of any indebtedness which is incurred to pay for the same.
i. The manner in which state aid, available under the laws of either New York or Vermont,
shall be allocated, unless otherwise expressly provided in this compact or by the
laws making such aid available.
j. The method by which the articles of agreement may be amended, which amendments may
include the annexation of territory, or an increase or decrease in the number of grades
for which the interstate district shall be responsible, provided that no amendment
shall be effective until approved by both state boards in the same manner as required
for approval of the original articles of agreement.
k. The date of operating responsibility of the proposed interstate school district and
a proposed program for the assumption of operating responsibility for education by
the proposed interstate school district, and any school construction; which the interstate
school district shall have the power to vary by vote as circumstances may require.
l. Any other matters, not incompatible with law, which the interstate school district
planning committee may consider appropriate to include in the articles of agreement,
including, without limitation:
(1) The method of allocating the cost of transportation between the interstate district
and member districts;
(2) The nomination of individual school directors to serve until the first annual meeting
of the interstate school district.
E. Hearings. If the planning committee recommends the formation of an interstate school district,
it shall hold at least one public hearing on its report and the proposed articles
of agreement within the proposed interstate school district in New York, and at least
one public hearing thereon within the proposed interstate school district in Vermont.
The planning committee shall give such notice thereof as it may determine to be reasonable,
provided that such notice shall include at least one publication in a newspaper of
general circulation within the proposed interstate school district not less than fifteen
days (not counting the date of publication and not counting the date of the hearing)
before the date of the first hearing. Such hearings may be adjourned from time to
time and from place to place. The planning committee may revise the proposed articles
of agreement after the date of the hearings. It shall not be required to hold further
hearings on the revised articles of agreement but may hold one or more further hearings
after notice similar to that required for the first hearings if the planning committee
in its sole discretion determines that the revisions are so substantial in nature
as to require further presentation to the public before submission to the state boards
of education.
F. Approval by state boards. After the hearings a copy of the proposed articles of agreement, as revised, signed
by a majority of the planning committee, shall be submitted by it to each state board.
The state boards may (a) if they find that the articles of agreement are in accord
with the standards set forth in this compact and in accordance with sound educational
policy, approve the same as submitted, or (b) refer them back to the planning committee
for further study. The planning committee may make additional revisions to the proposed
articles of agreement to conform to the recommendations of the state boards. Further
hearings on the proposed articles of agreement shall not be required unless ordered
by the state boards in their discretion. In exercising such discretion, the state
boards shall take into account whether or not the additional revisions are so substantial
in nature as to require further presentation to the public. If both state boards
find that the articles of agreement as further revised are in accord with the standards
set forth in this compact and in accordance with sound educational policy, they shall
approve the same. After approval by both state boards, each state board shall cause
the articles of agreement to be submitted to the school boards of the several member
districts in each state for acceptance by the member districts as provided in the
following paragraph. At the same time, each state board shall designate the form
of warrant, date, time, place, and period of voting for the special meeting of the
member district to be held in accordance with the following paragraph.
G. Adoption by member districts. Upon receipt of written notice from the state board in its state of the approval of
the articles of agreement by both state boards, the school board of each member district
shall cause the articles of agreement to be filed with the member district clerk.
Within ten days after receipt of such notice, the school board shall issue its warrant
for a special meeting of the member district, the warrant to be in the form, and the
meeting to be held at the time and place and in the manner prescribed by the state
board. No approval of the superior court shall be required for such special school
district meeting in New York. Voting shall be with the use of the check list by a
ballot substantially in the following form:
“Shall the school district accept the provisions of the New York-Vermont Interstate
School Compact providing for the establishment of an interstate school district, together
with the school districts of .................................. and .................................. , etc., in accordance with the provisions of the proposed articles of agreement filed
with the school district (town, city or incorporated school district) clerk?”
Yes ( ) No ( )
If the articles of agreement included the nomination of individual school directors,
those nominated from each member district shall be included in the ballot and voted
upon, such election to become effective upon the formation of an interstate school
district.
If a majority of the voters present and voting in a member district vote in the affirmative,
the clerk for such member district shall forthwith send to the state board in its
state a certified copy of the warrant, certificate of posting, and minutes of the
meeting of the district. If the state boards of both states find that a majority
of the voters present and voting in each member district have voted in favor of the
establishment of the interstate school district, they shall issue a joint certificate
to that effect; and such certificate shall be conclusive evidence of the lawful organization
and formation of the interstate school district as of its date of issuance.
H. Resubmission. If the proposed articles of agreement are adopted by one or more of the member districts
but rejected by one or more of the member districts, the state boards may resubmit
them, in the same form as previously submitted, to the rejecting member districts,
in which case the school boards thereof shall resubmit them to the voters in accordance
with paragraph G of this article. An affirmative vote in accordance therewith shall
have the same effect as though the articles of agreement had been adopted in the first
instance. In the alternative, the state boards may either (a) discharge the planning
committee, or (b) refer the articles of agreement back for further consideration to
the same or a reconstituted planning committee, which shall have all of the powers
and duties as the planning committee as originally constituted. (Added 1975, No. 130 (Adj. Sess.), § 2.)