NY Educ L § 2023 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 41 - District Meetings Part 1 - General Provisions 2023 - Levy of Tax for Certain Purposes Without Vote; Contingency Budget.

§  2023.  Levy  of  tax for certain purposes without vote; contingency   budget. 1. If the qualified voters shall neglect or refuse to  vote  the   sum  estimated  necessary for teachers' salaries, after applying thereto   the public school moneys, and other moneys received or  to  be  received   for  that  purpose,  or  if they shall neglect or refuse to vote the sum   estimated necessary for  ordinary  contingent  expenses,  including  the   purchase  of  library books and other instructional materials associated   with a library and expenses incurred for  interschool  athletics,  field   trips   and  other  extracurricular  activities  and  the  expenses  for   cafeteria or restaurant services, the sole trustee, board  of  trustees,   or  board  of  education shall adopt a contingency budget including such   expenses and shall levy a tax, subject to the restrictions as set  forth   in subdivision four of this section and subdivision eight of section two   thousand twenty-three-a of this part, for the same, in like manner as if   the  same  had  been  voted  by  the  qualified  voters,  subject to the   limitations contained in subdivisions three and four of this section.2. Notwithstanding the defeat of a  school  budget,  school  districts   shall  continue  to  transport  students  to and from the regular school   program in accordance with the mileage limitations previously adopted by   the qualified voters of the school district. Such mileage  limits  shall   change  only  when amended by a special proposition passed by a majority   of the qualified voters of the  school  district.  In  cases  where  the   school  budget  is  defeated  by  such  qualified  voters  of the school   district, appropriations for transportation  costs  for  purposes  other   than  for  transportation  to  and  from the regular school program, and   transportation that would  constitute  an  ordinary  contingent  expense   pursuant  to subdivision one of this section, shall be authorized in the   budget only after approval by the qualified voters of the district.3. The administrative component of  a  contingency  budget  shall  not   comprise a greater percentage of the contingency budget exclusive of the   capital   component   than   the   lesser  of  (1)  the  percentage  the   administrative  component  had  comprised  in  the  prior  year   budget   exclusive   of   the  capital  component;  or  (2)  the  percentage  the   administrative component had comprised in  the  last  proposed  defeated   budget exclusive of the capital component.4.  a.  The  contingency budget shall not result in a tax levy greater   than the tax levied for the prior school year.b. The resolution of the trustee,  board  of  trustees,  or  board  of   education adopting a contingency budget shall incorporate by reference a   statement  specifying  the  projected percentage increase or decrease in   total spending for the school  year,  and  explaining  the  reasons  for   disregarding  any  portion of an increase in spending in formulating the   contingency budget.c. Notwithstanding any other provision of law  to  the  contrary,  the   trustees  or  board  of  education  shall  not be authorized to amend or   revise a final contingency budget where such amendment or revision would   result in total  spending  in  excess  of  the  spending  limitation  in   paragraph  (a)  of this subdivision; provided that the trustees or board   of  education  shall  be  authorized  to  add  appropriations  for   the   expenditure of gifts, grants in aid for specific purposes or for general   use  or  insurance  proceeds  authorized  pursuant to subdivision two of   section seventeen hundred eighteen of this chapter in addition  to  that   which has been previously budgeted.