NY Educ L § 2502 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 51 - City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants 2502 - Board of Education.

§ 2502. Board  of  education.  1.  The board of education of each city school district shall constitute a body corporate.   2. Each board of education  shall  consist  of  five,  seven  or  nine members,  to  be known as members of the board of education. In the city of Albany, such board shall consist of seven members; and in the city of Rensselaer, such board shall consist of five members; subject,  however, to  any  increase  or decrease of the number of members of such board as provided pursuant to the provisions of paragraph a of  subdivision  four of this section. Members of such board shall be elected by the qualified voters at large of the school district at annual school elections, under the  provisions  of  article  fifty-three  of  this  chapter;  provided, however, each board of education may upon its own motion, and shall upon a written petition, subscribed by not less than five  hundred  qualified voters  of  the  district,  cause  to  be submitted at the annual school election a proposition to  consider  each  vacancy  upon  the  board  of education  a  separate  specific office requiring a separate petition to nominate a candidate to each separate  office  in  accordance  with  the provisions of article fifty-three of this chapter.   3. The full term of office of a member of the board of education shall be  three  or five years, as the district may determine, except the full term of office of a member of the board of  education  in  the  city  of Albany  shall  be four years; provided, however, that the term of office of each incumbent member of the city of Albany board  on  the  effective date  of  this  amendment  shall not be decreased, and provided further, that one or more of the vacancies filled after this change to four  year terms  shall  be  for terms of two or three years only in order that, as nearly as possible, an equal number of members shall be elected  to  the board  each year. Any such school district may decrease the full term of a member of the board of education to three years or increase  the  full term  of  a member of the board of education to five years by adopting a proposition at any regular meeting  or  election  to  do  so;  provided, however,  that  the term of office of each incumbent member of the board of education shall not be increased or decreased thereby; and  provided, further,  that  whenever  a proposition shall be adopted to increase the term of office from three years to five years, or to decrease  the  term of office from five years to three years, such proposition shall provide that one or more of the vacancies to be filled, during each of the three years  next  succeeding  the  adoption of such proposition, shall be for three or four years only in order that, as nearly as possible, an  equal number of trustees shall be elected to the board each year. The board of education  in  the  city  of  Peekskill  may,  by adopting a resolution, decrease the full term of a member of the  board  of  education  to  two years  in order that, as nearly as possible, an equal number of trustees shall be elected to the board each year;  provided,  however,  that  the term  of office of each incumbent member of the board of education shall not be decreased thereby.   4. a. Each board of education may upon its own motion, and shall  upon a  written  petition, subscribed by not less than five hundred qualified voters of the district, cause to  be  submitted  at  the  annual  school election  a proposition to increase or decrease the number of members of such board to a number specified in subdivision two of this section;  or a  proposition  to increase or decrease the term of office of members of the board of education in accordance  with  subdivision  three  of  this section.   b.  The  notice  of  any annual school election at which a proposition shall be submitted pursuant to paragraph a  of  this  subdivision  shall include  a  statement that such proposition will be so submitted. In the event that the board of education  fails  or  refuses  to  include  such  information  in such notice, the commissioner of education may prescribe the manner in which notice of the submission of such a proposition shall be given.   c.  Upon  the  adoption  of  a proposition to increase or decrease the number of members of the board of education the members  of  such  board then  in  office  shall  continue  in  office  for  the balance of their respective terms. If the proposition so adopted requires an increase  in the  number  of  board  members,  a sufficient number of members of such board shall be elected at the annual election immediately succeeding the election  at  which  such  proposition  was  submitted,  to  effect  the necessary increase. If the proposition so adopted requires a decrease in the  number of board members, no election of board members shall be held in such district until the election of a  member  or  members  shall  be necessary  to  maintain  the  number  specified in such proposition. The offices of those members whose terms so expire without the election of a successor shall terminate with the expiration of such term.   Succeeding members  of  such  board  shall be elected at annual school elections in such years and in such numbers and for such terms of office as shall  be determined  by  resolution of the board of education and approved by the commissioner of education, so that as soon as practicable:  (1) The terms of office of all members of such  board  shall  be  five years or three years, as the district shall have determined;  (2)  The  number of members elected to and serving on such board shall equal the number of members specified in such proposition; and  (3) As nearly as possible, an equal number of members of the board  of education will be elected each year.   d.  A  resolution adopted pursuant to paragraph c of this subdivision, which shall be subject to approval by  the  commissioner  of  education, shall  be  placed  on  file  in  the  office  of the clerk of the school district and shall be a public record.   5. a. The members of a board of education of a school  district  which after  July  first,  nineteen  hundred fifty, shall become a city school district, as defined in subdivision  sixteen  of  section  two  of  this chapter,  shall  continue  in  office  until  the  expiration  of  their respective terms of office in those cases where  such  terms  of  office expire  with  the  thirtieth  day  in  June  and in all other cases such members shall continue in office until July first  next  succeeding  the date  upon  which  their respective terms of office would have otherwise expired.   b. If the total number of members elected to serve on any  such  board of  education  shall  be  either  five,  seven or nine, such board shall continue to be composed of five, seven or nine members, as the case  may be,  subject  to  change  in  accordance  with  subdivision four of this section.   c. If the total number of members elected to serve on any  such  board of  education  shall  be  other  than five, seven or nine, such board of education shall cause to be submitted  at  the  next  succeeding  annual school  election,  held  in  accordance with article fifty-three of this chapter, propositions to determine whether the number of members of such board shall be five, seven or nine. If the proposition  adopted  thereat requires an increase in the number of board members, a sufficient number of  members  of  such  board  shall  be  elected  at the annual election immediately succeeding  the  election  at  which  such  proposition  was submitted,  to  effect  the  necessary  increase.  If the proposition so adopted requires a decrease in the number of board members, no  election of  board members shall be held in such district until the election of a member or members shall be necessary to maintain the number specified in such proposition. The offices of those members  whose  terms  so  expire  without  the election of a successor shall terminate with the expiration of such term. Thereafter, such board of education shall be  composed  of the  number  of  members  specified  in  the  proposition  for which the greatest  number  of valid votes shall have been cast, subject to change in accordance with subdivision four of this section.   d. Succeeding members of any such board of education shall be  elected at  annual  school  elections  in such years and in such numbers and for such terms of office as shall be determined by resolution of  the  board of  education  and  approved by the commissioner of education so that as soon as practicable:  (1) The terms of office of all members shall be five  years  or  three years, as the district shall determine;  (2) As nearly as possible, an equal number of the members of the board of education shall be elected each year; and  (3)  In the case of boards of education coming under the provisions of paragraph c of this subdivision, the number of members  elected  to  and serving  on  any  such  board  shall  equal  the number specified in the proposition adopted pursuant to paragraph c of this subdivision.   e. A resolution adopted pursuant to paragraph d of  this  subdivision, which  shall  be  subject  to approval by the commissioner of education, shall be placed on file in  the  office  of  the  clerk  of  the  school district and shall be a public record.   6.  Whenever a vacancy shall occur or exist in the office of member of the board of education, except by reason of expiration of term or of  an increase  in  the  number  of  members  of such board, a majority of the remaining members of such board may appoint a qualified person  to  fill the  vacancy.  The  person so appointed shall hold office until the next regular school district election, and the person elected  to  fill  such vacancy  shall  take  office immediately upon the filing of his official oath of office with the district clerk.   7. No person shall be eligible to the office of member of the board of education who is not a qualified voter of the city school  district  and who  has  not  been a resident of such district for a period of at least one year  immediately  preceding  the  date  of  his  or  her  election; provided, however, that no person shall hold at the same time the office of  member of the board of education and any city office other than as a police officer and firefighter; provided, further, that where  territory is added to a city school district by order of the commissioner pursuant to  article  thirty-one  of  this chapter, residence in the territory so added to the city school district shall be and shall  be  deemed  to  be residence  in  the  city  school  district  for  the  purposes  of  this subdivision, and a person qualified to vote in school district elections by virtue of his or her residence in the territory so added to the  city school  district  immediately prior to the addition of such territory to the city school district shall be and shall be deemed to be a  qualified voter  of the city school district immediately upon the addition of such territory.   8. A member of a board of education who publicly declares that he will not accept or serve in the office of member of such board of  education, or  refuses  or  neglects  to  attend  three successive meetings of such board, of which he is duly notified, without rendering a good and  valid excuse  therefor  to the other members of such board, vacates his office by a refusal to serve.   9-a.  Notwithstanding  any  general,  special  or  local  law  to  the contrary,  this  subdivision  shall  apply to the school district of the city of Rensselaer. a. The members of the  board  of  education  of  the school  district  of  the  city  of  Rensselaer  shall be elected by the qualified voters of such district as provided herein.    b. The members of the board of education shall  be  elected  at  large throughout  the  district  by  the  qualified voters at an annual school election taking place at the time  specified  under  the  provisions  of article fifty-three of this chapter.   c.  Except  with  respect  to the number of polling places to be used, which is provided for in paragraph l of this subdivision, such elections for such offices shall be governed by the provisions of the election law in the same manner as candidates for office generally to be  elected  by the  voters of the city of Rensselaer, provided, however, that each such candidate shall be required to file a petition containing signatures  of at  least  one hundred registered voters of such district which petition shall not contain any political  party  or  independent  body,  name  or emblem.  Each  petition shall contain the name of only one candidate and such petitions shall be filed with the clerk of the board  of  elections on  or  before  the twentieth day preceding the day of the annual school election but not earlier than the thirtieth day preceding the day of the annual school election.   d. No person shall be eligible for the office of member of such  board of  education  who  is not a qualified voter of such school district and who has not been a resident of such district for a period  of  at  least thirty  days  immediately  preceding the date of his election; provided, however, that no person shall hold at the same time the office of member of the board of education and any other elective office nor shall he  be a  candidate  for  any  other  elective  office at the same time he is a candidate for the office of member of such board of education.   e. Petitions for the nomination of members of such school board  shall be on white paper containing the required signatures of qualified voters of  such  district who were or will be registered to vote therein thirty days preceding the annual school election. The sheets of such a petition shall be numbered consecutively, beginning with number one, at the  foot of  each  sheet.  Such  a  petition must set forth in every instance the correct date of signing, the  full  name  of  the  signer,  his  present residence,  the  ward  of  such  residence,  and  the  election district thereof. A signer need not himself fill in the date, residence, ward  or election district.   f.  Each  sheet of such a petition shall be signed in ink and shall be substantially in the following form:   I, the undersigned, do hereby state that I am a duly  qualified  voter of  the school district of the city of Rensselaer, that I was or will be registered to vote therein thirty  days  preceding  the  ensuing  annual school  election  to which this petition pertains, that my present place of residence is truly stated opposite my signature hereto,  and  that  I intend  to support at the ensuing election, and I do hereby nominate the following named person as a candidate  for  nomination  for  the  public office of member of the board of education of the school district of the city  of  Rensselaer  to  be  voted  for  at  the election to be held on the........... day of................,19.....    In witness whereof, I have hereunto set  my  hand  the  day  and  year placed opposite my signature.       Date                Name of Signer           Present Residence       ...............     .....................    ....................      ...............     .....................    ....................      ...............     .....................    ....................       Ward                                         Election District       .............................                ....................      .............................                ....................      .............................                ....................    g.  The  petition  shall  be  authenticated  by witnesses who shall be qualified to vote at the ensuing annual school election. Such  statement shall  be  accepted  for all purposes as the equivalent of an affidavit, and if false shall subject the witness to the same penalties  as  if  he had  been  duly sworn. The form of such statement shall be substantially as follows:                             Statement of Witness    I,............................(name of witness), state: I  am  a  duly qualified  voter  of  the state of New York, and now reside in the city, town   or    village    of.....................,    in    such    state, at............................(fill  in street and house number and post office) therein. The said  residence  is  in  the..............(fill  in number)  election district of the..........................(fill in ward in a city, or town, if outside a city). I know each of the voters  whose names  are  subscribed  to  this  petition  sheet  containing  (fill  in number)..................  signatures and each of  them  subscribed  the same  in  my  presence  and  upon so subscribing declared to me that the foregoing statement, made and subscribed by him, was true.                                                    ....................                                                   Signature of witness   Date.................    h. The board of elections shall refuse to accept such petitions signed by an insufficient number of qualified voters, or  petitions  which  are not  timely  or  petitions bearing a political party or independent body name or emblem.   i. A person nominated as a candidate for school board member shall  be notified  forthwith by mail of such nomination by the board of elections and such person shall accept such nomination by filing written notice of acceptance in the office of the county board  of  elections,  not  later than  five  days  after  the  mailing  by the board of elections to such person of notice that he was  so  nominated.  In  the  absence  of  such filing, such nomination shall be null and void.   j. Objections to petitions for the nomination of members of such board of education shall be filed with the county board of elections not later than  the fifteenth day prior to the date of the annual school election. Such objections shall include the specifications of the grounds for such objections. Except as provided for in this subdivision, the county board of elections shall apply such rules to the processing,  disposition  and notification  of  such  petitions,  objections and specifications as are applicable to nominating petitions in  general  elections  conducted  by said   board.   When   a  determination  is  made  that  a  petition  is insufficient,  such  board  shall  give  notice  of  the   determination forthwith  by  mail to each candidate named in the petition, and, if the determination is made upon specified objections, the objector  shall  be notified.  Any  judicial  proceeding with respect to a petition shall be instituted within seven days after the last day to file the petitions.   k. The board of elections shall cause to be printed  official  ballots containing  the  names  of all candidates as above provided, except that the board may refuse to have the names of ineligible  candidates  placed on  such  ballots.  The names of the candidates shall be arranged in the  order as determined by the drawing by lot by the board of  elections  in the  manner specified under the provisions of paragraph b of subdivision two of section two thousand thirty-two of  this  chapter.  Blank  spaces shall  be  provided  so that voters may vote for candidates who have not been nominated for the offices to be filled at such elections. The  form of  such ballots shall conform substantially to the form of ballots used at annual school elections as prescribed in article fifty-three of  this chapter.   l. Voting for the election of members of such board of education shall be  by voting machine and shall be governed by the applicable provisions of the election law with respect to voting machines; provided,  however, that a single polling place, at a location within the school district of the  city  of  Rensselaer  specified by the board of education not later than thirty days prior to the annual school election, shall be utilized.   m. If a candidate, after a petition in his behalf shall have been duly filed with the clerk of the board of elections, and prior to the date of the election, shall decline to accept the nomination, die,  remove  from the  district,  accept or be a candidate for another elective office, or become otherwise disqualified for such city school  district  office,  a further  petition  may  be  filed  with  such  clerk, nominating another candidate in his place and stead. Such further  petition  shall  in  all respects  comply  with  the  provisions of paragraphs c, e and g of this subdivision, except that it may be filed at any time up to and including the fifteenth day preceding the date of the annual school  election  and the  time  within  which  to  object  to  such further petition shall be extended by the number  of  days  past  the  twentieth  day  before  the election that such further petition is filed.   n.  The  term  of  office  of  each member of such board shall be five years, commencing on the first  day  of  July  following  his  election, provided, however, that the members first elected shall be elected:  two members  for  three  year  terms;  two  members for four year terms; one member for a five year term. The candidates receiving a plurality of the votes cast respectively  for  the  several  offices  shall  be  declared elected. Where more than one office is to be filled by such election and there  is  a  variance in the length of the terms for which such offices are to be filled as authorized by this chapter, or  where  one  or  more persons  are  to  be  elected  for  a full term or terms and one or more persons are to be elected for the unexpired portion of a term or  terms, or  both,  the  candidate receiving the largest number of votes shall be entitled to the longest term  and  the  candidates  receiving  the  next highest  number  of  votes shall be entitled, in decreasing order of the respective numbers of votes, to the several offices, in decreasing order of the length of such terms or unexpired portions of terms.  Whenever  a vacancy  shall  occur  or  exist in the office of member of the board of education except by reason of expiration of  term  or  increase  in  the number  of members of such board, a majority of the remaining members of such board, shall elect a qualified person  to  fill  the  vacancy.  The person  so  elected shall hold office to and including the thirtieth day of June next succeeding the first annual school election  at  which  the vacancy  can  be  filled. Vacancies so filled shall be for the unexpired term of the member being replaced.   o. The members so elected to the board of education shall  convene  on the  first  business  day  in  July of each year, unless another date is chosen pursuant to section twenty-five hundred four of this chapter,  at the  time  of  the  commencement of their term of office and select from their members a president who shall serve for a term of one year.   p. The election of members of the board of  education  of  the  school district  of the city of Rensselaer shall take place at an annual school  election held in such city at the time specified under the provisions of article fifty-three of this chapter. Such election shall be conducted by the board of elections of the county of Rensselaer  at  the  expense  of such  board  of  elections  in  the  same  manner as other elections are conducted by it. The results of such elections, after canvassing,  shall be  certified  and  reported  by  the board of elections to the board of education of such city. The clerk or other appropriate  officer  of  the board  of education shall within twenty-four hours after receipt of such certification by the board of elections serve a  written  notice  either personally  or  by  mail  upon  each  person declared to be elected as a member of the board of education informing him of his election  and  the length of his term.   10.  Each  small  city  school  district,  at  the next annual meeting subsequent to the effective date of the  chapter  of  the  laws  of  two thousand  five  which  amended  this  subdivision,  may  submit  to  the qualified voters of the district for approval, the issue of  ex  officio student  membership  on  the  school district's board of education, by a student attending a high school within such school district. Upon  voter approval,  each  such  district  shall  establish  a process for student membership selection pursuant to paragraph c of  this  subdivision.  If, prior  to  August  fifth,  two  thousand  three, a school district had a policy that allowed a student or students to be ex  officio  members  of the  school  board, such policy shall be deemed to meet the requirements of this subdivision and shall be deemed to have full  legal  effect.  In any district that contains more than one high school, such process shall take  into  consideration the number of high schools within the district and provide for a mechanism which allows for fair  representation  among the  schools.  Such school district shall allow such selected student to serve as an ex officio member of such  district's  board  of  education, and, if so, provided further that:   a. The ex officio student member of the board shall be entitled to sit with  board  members at all public meetings of the board and participate in all board hearings and meetings.   b. The ex officio student member of the board shall not be allowed  to vote, shall not be allowed to attend executive session, and shall not be entitled  to receive compensation of any form for participating at board meetings.   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio student  member  of  the  board may be any of the following: the student that has been duly elected as student president of the  high  school;  a student  selected  by  the  high  school  student  government; a student selected by the  high  school  principal;  a  student  selected  by  the superintendent  of  schools;  a student selected by majority vote of the school board.   Provided, however,  in  districts  having  district-wide student  governments  or  advisory  committees,  the  student ex officio member shall be selected by the superintendent of schools from among the members  of  such  district-wide   student   governments   or   advisory committees,  subject  to  ratification  by  majority  vote of the school board.   d. The ex officio student member shall be a senior at the high  school and shall have attended such high school for at least two years prior to selection.   10-a.  Each  small  city  school district may offer to the voters once every two years, on the same date as the annual school  district  budget vote,  a separate referendum to decide whether the school district shall allow a student, as established under this  section,  to  serve  on  the school board as an ex officio, non-voting member.