§ 2218. Partitioning of territory and formation of new school\ndistricts by district superintendents. Notwithstanding any other\nprovision of law to the contrary, in addition to the authority granted\nunder the provisions of article thirty-one of this chapter, a district\nsuperintendent of schools may order the partitioning of territory from\nan existing union free, central, central high school or enlarged city\nschool district that is located within his or her supervisory district,\nthe dissolution and reformation of the existing school district where\nnecessary and the formation of a new union free or city school district\nout of such territory in accordance with the provisions of this section.\n 1. Definitions: For the purposes of this section and section\nthirty-six hundred two-f of this chapter:\n a. "Actual valuation" means the actual valuation, as defined in\nparagraph c of subdivision one of section thirty-six hundred two of this\nchapter, of a school district that would result from reorganization\npursuant to this section.\n b. "Enlarged city school district" means a city school district of a\ncity having a population of less than one hundred twenty-five thousand\ninhabitants that includes areas outside of the city boundaries.\n c. "Enrollment" means the unduplicated count of all children\nregistered to receive educational services in grades kindergarten\nthrough twelve, including children in ungraded programs as registered on\nthe date prior to November first that is specified by the commissioner\nas the enrollment reporting date for the school district or non-public\nschool, as reported to the commissioner.\n d. "Municipality" means a city having a population of less than one\nhundred twenty-five thousand inhabitants, a village or a town, wholly\ncontained in one school district.\n e. "New school district" means the school district formed or reformed\nfrom the territory partitioned from the pre-existing school district\nthat is coterminous with a municipality.\n f. "Pre-existing school district" means a union free, central, central\nhigh school or enlarged city school district from which territory is to\nbe partitioned pursuant to this section.\n g. "Remaining school district" means the school district remaining\nafter its boundary is altered to partition a municipality.\n h. "Union free school district" means any union free school district\nother than a special act school district as defined in subdivision eight\nof section four thousand one of this chapter.\n 2. Minimum qualifications. To be eligible for reorganization pursuant\nto this section, the municipality seeking to reorganize a new school\ndistrict shall have a population of at least ten thousand inhabitants\nand the remaining school district shall have an enrollment of at least\none thousand children, provided that any territory that was added to the\npre-existing school district by vote for annexation, centralization or\nconsolidation shall not be eligible for partitioning pursuant to this\nsection until five years after the vote approving such annexation,\ncentralization or consolidation.\n 3. Procedure for reorganization. a. Reorganization pursuant to this\nsection may be initiated by a petition to the board of education of the\npre-existing school district submitted by the governing body of the\nmunicipality seeking to reorganize a new school district. If the board\nof education determines that the petition has been properly submitted\nand that the territory described in the petition meets the minimum\nqualifications for reorganization under this section, it shall transmit\na copy to the district superintendent with a request for assistance in\nthe development of a plan for reorganization to form a new union free or\ncity school district out of such territory.\n b. The district superintendent shall assist the petitioners in\ndeveloping such reorganization plan in consultation with representatives\nof the pre-existing school district. Such
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