NY Educ L § 1804 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 37 - Central School Districts 1804 - Board of Education; Election; Powers and Duties.

§ 1804. Board  of education; election; powers and duties. 1. Each such   central school district  shall  be  managed  by  a  board  of  education   consisting  of  five,  seven or nine members, which board shall have the   same powers and duties as boards  of  education  in  union  free  school   districts  as  prescribed  by  this  chapter. Except as provided in this   article, all the provisions of this chapter or of any other general  law   relating  to  or  affecting  union  free school districts shall apply to   central districts organized as herein provided. The corporate  existence   of  any  city  school district the territory of which is enlarged by the   formation of a central school district pursuant to  this  article  shall   continue  and  such  central  school  district  shall  be  and  shall be   designated as a city  school  district  and  shall  be  subject  to  the   provisions  of article fifty-one of this chapter and to those provisions   of this article which  are  not  inconsistent  with  the  provisions  of   article fifty-one.2.  The  first  board  of education shall be elected at the meeting at   which  the  resolution  organizing  such  central  school  district  and   establishing  a  central  school  is  adopted or in case the alternative   voting procedure authorized by section eighteen hundred three-a of  this   chapter  has  been  adopted,  at  the meeting referred to in subdivision   seven of such section. It shall be the duty of  such  meeting  to  elect   five, seven or nine members of the board of education who shall by order   of  such  meeting be divided into a sufficient number of classes so that   as nearly as possible an equal number of members shall be elected to the   board each year.3. The number of members of the board of education of an organized and   existing central school district may  be  increased  to  seven  or  nine   members  in  the  same manner as increases are made in union free school   districts. The number of members of a board containing nine members  may   be  decreased  to  seven  or five members and the number of members of a   board containing seven members may be decreased to five members  in  the   same manner as decreases are made in union free school districts.4.  The  annual  meeting  and election in each central school district   shall be held on the third Tuesday of May provided,  however  that  such   annual  meeting  and election shall be held on the second Tuesday in May   if the commissioner at the request of a local school board certifies  no   later  than March first that such election would conflict with religious   observances, and any school budget revote shall  be  held  on  the  date   specified  in  subdivision  three  of section two thousand seven of this   title. Such annual meeting and school budget revote shall  be  conducted   and  the  election  of  members  of  the board shall be held in the same   manner as in union free school districts organized and  operating  under   the  provisions  of this chapter. The board of education of each central   school district shall hold a budget hearing not less than seven nor more   than fourteen days prior to the annual or special  district  meeting  at   which  a school budget vote will occur, and shall prepare and present to   the voters at such budget hearing a proposed school district budget  for   the ensuing school year.5.  a.  Nothing  herein  contained  shall  be construed to deprive any   existing school district of the property belonging to such district,  or   to affect the indebtedness of said district. An existing district within   the  meaning  of this article shall be construed to mean a district that   lies within the boundaries of  a  central  school  district.  Each  such   existing  district  shall  be deemed to continue to exist in law for the   purpose of paying all its just  debts,  including  obligations  lawfully   issued  prior  to  the  organization  of  such  central school district,   together with all interest thereon  as  the  same  shall  fall  due.  In   levying  the  annual school tax upon the property of such central school    districts, the board of education shall also assess and  levy  upon  the   taxable property of each such existing district which has an outstanding   indebtedness,   an   additional  sum  sufficient  to  pay  all  of  such   indebtedness  which  shall fall due during the school year for which the   tax is levied less any sum received by such central school district  and   apportioned and credited to the existing school district pursuant to the   provisions  of  subdivision four of section eighteen hundred six of this   article.b. Notwithstanding the provisions of paragraph a of this  subdivision,   whenever a common school district or a union free school district shall,   after  July  first,  nineteen  hundred  sixty-four,  become  a part of a   central school district either pursuant to the provisions of subdivision   one of section eighteen hundred two of this article, or pursuant to  the   provisions  of  subdivision  two  thereof,  or whenever a central school   district, after such date, shall become a part of another central school   district pursuant to either  of  such  provisions,  the  central  school   district,  of  which  any  such district shall have become a part, shall   succeed to all the property rights of such common, union free or central   school district  and  all  indebtedness  of  any  such  school  district   evidenced  by bonds or notes or relating to school building construction   shall become a charge upon such central school district  of  which  such   district  shall  have  become  a part, but all other indebtedness of any   such district shall be paid by any such district in accordance with  the   provisions  of  section  fifteen hundred eighteen of this chapter and to   that extent any such district shall continue to exist  in  law  for  the   purpose  of providing for and paying all such indebtedness in accordance   with the provisions of such section.6. a. The board of education shall not sell or  otherwise  dispose  of   the property of any such existing district except with the approval of a   majority  of  the qualified voters of such existing district present and   voting upon the question at a meeting of such voters duly called by such   board of education; provided, however, that upon the expiration of  five   years  from  the date of discontinuance of a school, pursuant to section   one thousand eight hundred five of this chapter, the board of  education   may,  in  its  discretion,  without a vote by such qualified voters upon   such question, sell or otherwise dispose, in the manner provided by law,   of such a school or other building previously used for  school  purposes   and  the  real  property  on  which it is situated. For that purpose the   proceeds of such sale or disposal of property belonging to such existing   district, after deducting the cost of repairs or improvements made after   the organization of the central school district, shall be used  for  the   payment  of  the  portion  payable  by  such  existing  district  of any   outstanding indebtedness of such existing district which  shall  be  due   and  payable or which may thereafter become due and payable. Any balance   remaining after the payment of such indebtedness  shall  be  apportioned   among  the  taxpayers  of such existing district as they appear upon the   last completed town or city assessment roll preceding the date of  sale,   providing  such  apportioned  sum shall equal or exceed five dollars and   unless the voters of such existing district by a majority vote of  those   present and voting at a special district meeting called for that purpose   shall  vote  to  turn over the proceeds of such sale or disposal of such   property to the central district to be  used  for  the  benefit  of  the   central  district. Any balance of funds remaining in the treasury of the   several districts included within the central school  district  on  July   first  next  following  the  date  of  the establishment of such central   school district, after paying all outstanding obligations then  due  and   payable,  shall  be  turned  over to the treasurer of the central school   district within thirty days thereafter and shall  become  available  for    use  by the board of education of the central school district; provided,   however, that if any such existing district shall have  any  obligations   which shall become due and payable after such July first, so much of any   such  balance  of  funds  as may be necessary shall be held in a special   account by the treasurer of the central school district for the  purpose   of  paying  the  principal of, and interest on, such obligations, as the   same shall become due and payable from time to time. The  title  to  all   property  erected  or  otherwise acquired after the organization of such   central school  district  shall  be  vested  in  the  central  district,   irrespective of the location of such property.b.  The  provisions  of  paragraph  a of this subdivision shall not be   applicable to the property of any common or union free  school  district   which,  after July first, nineteen hundred sixty-four, shall become part   of a central school district, nor to any central school district  which,   after such date, shall become part of another central school district.c.  Notwithstanding the provisions of paragraph a of this subdivision,   the board of education of a central school district may, by  resolution,   after a period of at least seven years of centralization, sell any piece   of  real  property  which such board shall deem to be of no use or value   therefor. The sale of such property shall be without the approval of the   qualified voters of the school district,  unless  a  petition  requiring   that the question as to the sale of such property be submitted to a vote   by  the  qualified  voters  of  such  district.  Such  petition shall be   subscribed and acknowledged by at least ten per centum of the  qualified   voters  of  such  district,  and  filed  with  the clerk of the board of   education within thirty days of the adoption of  such  resolution.  Upon   the  affirmative  vote  of  a  majority  of the qualified voters, voting   thereon, such resolution shall become effective.  The  proceeds  derived   from  such  sale  shall  revert  to  the  use  and benefit of the entire   district. Upon approval by the board of education, such funds may be (i)   utilized  to  reduce  existing  bonded  indebtedness;  (ii)  applied  to   construction,  reconstruction  or  renovation  within  such district; or   (iii) applied to the general fund of such district.7. Deeds of property sold or disposed of under the provisions  of  the   preceding subdivision shall be executed by the board of education of the   central  school  district or a majority of the members thereof. Any deed   duly executed and delivered by the board of  education  of  the  central   school  district in the course of a sale or disposal of real property of   a constituent district pursuant  to  the  provisions  of  the  preceding   subdivision  shall  be  valid  and  effectual  to pass all the estate or   interest of such constituent district in  the  premises.  All  deeds  or   other  conveyances  of real property of any district heretofore made and   delivered, executed by said board of education of  said  central  school   district  by  its officers, or in the manner in which deeds are executed   by corporations, or executed in any other manner, shall be as valid  and   of  the  same force and effect as if executed by said board of education   of said central school district or a majority of  the  members  thereof;   but  this provision shall not affect any action or proceeding pending at   the time of the taking effect hereof.8. The board of education may, in its discretion, provide compensation   to a speaker or speakers at commencement day exercises in such amount as   may be determined by the board.* 9. a. The board of education  shall,  for  purposes  of  a  criminal   history  record  check,  require  the  fingerprinting of all prospective   employees  pursuant  to  section  three  thousand  thirty-five  of  this   chapter,  who  do  not  hold valid clearance pursuant to such section or   pursuant to section three thousand four-b of  this  chapter  or  section   five  hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and    traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the   prospective employer shall furnish the applicant with the form described   in  paragraph (c) of subdivision thirty of section three hundred five of   this  chapter  and  shall obtain the applicant's consent to the criminal   history records search. Every set of fingerprints taken pursuant to this   subdivision shall be promptly submitted to the commissioner for purposes   of clearance for employment.b. Upon the  recommendation  of  the  superintendent,  the  board  may   conditionally  appoint a prospective employee. A request for conditional   clearance  shall  be  forwarded  to  the  commissioner  along  with  the   prospective  employee's fingerprints, as required by paragraph a of this   subdivision. Such appointment shall not commence until  notification  by   the  commissioner  that  the prospective employee has been conditionally   cleared for employment and shall terminate forty-five  days  after  such   notification  of  conditional clearance or when the prospective employer   is notified of a determination by the  commissioner  to  grant  or  deny   clearance,  whichever occurs earlier, and may not be extended or renewed   unless the commissioner issues a new conditional clearance after finding   that there was good cause for failing to obtain  clearance  within  such   period,  provided  that  if  clearance  is granted the appointment shall   continue  and  the  conditional  status  shall  be  removed.  Prior   to   commencement  of  such conditional appointment, the prospective employer   shall obtain a signed statement for  conditional  appointment  from  the   prospective  employee,  indicating  whether,  to  the best of his or her   knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal   conviction in any jurisdiction outside the state.c.  Upon  the recommendation of the superintendent, the board may make   an  emergency  conditional  appointment  when  an  unforeseen  emergency   vacancy  has  occurred.  When  such appointment is made, the process for   conditional appointment pursuant to paragraph b of this subdivision must   also be initiated. Emergency conditional appointment may commence  prior   to notification from the commissioner on conditional clearance but shall   terminate  twenty business days from the date such appointment commences   or when  the  prospective  employer  is  notified  by  the  commissioner   regarding conditional clearance, whichever occurs earlier, provided that   if  conditional clearance is granted the appointment shall continue as a   conditional appointment. Prior to the commencement of such  appointment,   the  prospective  employer  must obtain a signed statement for emergency   conditional  appointment  from  the  prospective  employee,   indicating   whether,  to  the  best of his or her knowledge, he or she has a pending   criminal  charge  or  criminal  conviction  in  any   jurisdiction.   An   unforeseen  emergency  vacancy  shall  be defined as: (i) a vacancy that   occurred less than ten business days before  the  start  of  any  school   session,   including  summer  school,  or  during  any  school  session,   including  summer  school,  without  sufficient  notice  to  allow   for   clearance  or conditional clearance; (ii) when no other qualified person   is available to fill the vacancy temporarily; and (iii)  when  emergency   conditional  appointment  is  necessary  to  maintain services which the   district is legally required to provide or services necessary to protect   the health, education or safety of students or staff. The provisions  of   subparagraph  (i)  of  this paragraph shall not apply if the board finds   that the district has been unable to fill the vacancy despite good faith   efforts to fill such vacancy  in  a  manner  which  would  have  allowed   sufficient time for clearance or conditional clearance.d.  Shall  develop  a  policy  for the safety of the children who have   contact with an employee holding conditional  appointment  or  emergency   conditional appointment.* NB Effective until July 1, 2022 * 9.  The board of education shall, for purposes of a criminal history   record check, require the fingerprinting of  all  prospective  employees   pursuant  to  section three thousand thirty-five of this chapter, who do   not hold valid clearance pursuant to such section or pursuant to section   three thousand four-b of this chapter or section five hundred nine-cc or   twelve  hundred  twenty-nine-d  of the vehicle and traffic law. Prior to   initiating the fingerprinting process, the  prospective  employer  shall   furnish  the  applicant  with  the  form  described  in paragraph (c) of   subdivision thirty of section three hundred five  of  this  chapter  and   shall  obtain  the  applicant's  consent to the criminal history records   search. Every set of fingerprints taken  pursuant  to  this  subdivision   shall  be  promptly  submitted  to  the  commissioner  for  purposes  of   clearance for employment.* NB Effective July 1, 202210. The board of education shall upon commencement and termination  of   employment   of   an  employee  by  the  school  district,  provide  the   commissioner with the name of and position held by such employee.11.  Where  the  district  has  provided  transportation  to  students   enrolled   in   such   district   to  a  school  sponsored  field  trip,   extracurricular activity or any other similar event,  it  shall  provide   transportation  back  to  either  the  point  of  departure  or  to  the   appropriate school in the district, unless the parent or legal  guardian   of  a  student  participating  in  such  event  has  provided the school   district  with  written  notice,  consistent   with   district   policy,   authorizing  an  alternative  form  of  return  transportation  for such   student or unless intervening  circumstances  make  such  transportation   impractical.    In    cases   where   intervening   circumstances   make   transportation of a student back to the point of  departure  or  to  the   appropriate  school in the district impractical, a representative of the   school district shall remain  with  the  student  until  such  student's   parent  or  legal  guardian  has  been (a) contacted and informed of the   intervening circumstances which make such transportation impractical and   (b) such student had been delivered  to  his  or  her  parent  or  legal   guardian.12.   Each  central  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 duly elected by the student body; 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.12-a. Each central 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.