NY Educ L § 2022 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 41 - District Meetings Part 1 - General Provisions 2022 - Vote on School District Budgets and on the Election of School District Trustees and Board of Education Members.

§  2022. Vote on school district budgets and on the election of school   district trustees and board of education members. 1. Notwithstanding any   law, rule or regulation to the contrary, the  election  of  trustees  or   members  of  the board of education, and the vote upon the appropriation   of the necessary funds to meet the estimated expenditures, in any common   school district, union free school district, central school district  or   central  high  school  district  shall be held at the annual meeting and   election on the third Tuesday  in  May,  provided,  however,  that  such   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. The   sole trustee, board of trustees or board of education of  every  common,   union  free,  central  or  central  high  school district and every city   school district to which  this  article  applies  shall  hold  a  budget   hearing  not  less  than  seven nor more than fourteen days prior to the   annual meeting and election 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.2.  Except as provided in subdivision four of this section, nothing in   this section shall preclude the trustees or board of education, in their   discretion, from submitting  additional  items  of  expenditure  to  the   voters  for  approval  as  separate  propositions  or  the  voters  from   submitting propositions pursuant to sections two thousand eight and  two   thousand   thirty-five   of   this  part;  provided  however  that  such   propositions  shall  be  subject  to  the  requirements  set  forth   in   subdivision nine of section two thousand twenty-three-a of this part.2-a.  Every  common, union free, central, central high school district   and city school district to which this  article  applies  shall  mail  a   school  budget  notice  to  all  qualified voters of the school district   after the date of the budget hearing, but no later than six  days  prior   to  the annual meeting and election or special district meeting at which   a school budget vote will occur. The school budget notice shall  compare   the percentage increase or decrease in total spending under the proposed   budget  over total spending under the school district budget adopted for   the current school year, with the percentage increase or decrease in the   consumer price index, from January first of the  prior  school  year  to   January  first  of  the  current school year, and shall also include the   information required by paragraphs a and  b  of  this  subdivision.  The   notice  shall  also  set  forth  the  date, time and place of the school   budget vote, in the same manner as in the notice of annual meeting,  and   shall also include the district's tax levy limit pursuant to section two   thousand twenty-three-a of this part, and the estimated school tax levy,   excluding  any  levy  necessary  to support the expenditures pursuant to   subparagraphs (i) through (iv) of paragraph  i  of  subdivision  two  of   section two thousand twenty-three-a of this part, that would result from   adoption  of  the  proposed  budget.  Such  notice  shall  be  in a form   prescribed by the commissioner.a. Commencing with the proposed budget for the two  thousand  one--two   thousand  two  school year, such notice shall also include a description   of how total spending and the  tax  levy  resulting  from  the  proposed   budget  would  compare  with  a  projected  contingency  budget  adopted   pursuant to section two thousand twenty-three of this article,  assuming   that  such  contingency budget is adopted on the same day as the vote on   the proposed budget. Such comparison shall be in total and by  component   (program,  capital and administrative), and shall include a statement of   the assumptions made in estimating the projected contingency budget. b. Commencing with the proposed budget for the two thousand eight--two   thousand nine school year, such notice shall also include, in  a  format   prescribed  by  the  commissioner,  an  estimate of the tax savings that   would be available to an eligible homeowner under the basic  school  tax   relief  (STAR)  exemption authorized by section four hundred twenty-five   of the real property tax law if the proposed budget were  adopted.  Such   estimate  shall be made in the manner prescribed by the commissioner, in   consultation with the office of real property services.3. In all elections for trustees or members of boards of education  or   votes  involving  the  expenditure  of money, or authorizing the levy of   taxes, the vote thereon shall be by ballot, or, in school districts that   prior to nineteen hundred  ninety-eight  conducted  their  vote  at  the   annual  meeting, may be ascertained by taking and recording the ayes and   noes of such qualified voters attending  and  voting  at  such  district   meetings.4.  The  budget adoption process shall conform to the requirements set   forth in section two thousand twenty-three-a of this part. In the  event   that  the  original  proposed  budget is not approved by the voters, the   sole trustee, trustees or board of education may adopt  a  final  budget   pursuant  to  subdivision five of this section or resubmit to the voters   the original or a  revised  budget  pursuant  to  subdivision  three  of   section  two  thousand  seven  of  this  part.  Upon  one defeat of such   resubmitted budget, the sole trustee, trustees  or  board  of  education   shall adopt a final budget pursuant to subdivision five of this section.   Notwithstanding  any  other provision of law to the contrary, the school   district budget for any school year, or any part of such budget  or  any   propositions  involving  the  expenditure  of money for such school year   shall not be submitted for a vote of  the  qualified  voters  more  than   twice.5.  If  the  qualified  voters  fail  to  approve  the proposed school   district budget  upon  resubmission  or  upon  a  determination  not  to   resubmit for a second vote pursuant to subdivision four of this section,   the sole trustee, trustees or board of education, after applying thereto   the public school moneys and other moneys received or to be received for   that  purpose,  shall  levy  a  tax  for the sum necessary for teachers'   salaries and other ordinary contingent expenses in accordance  with  the   provisions  of  this  subdivision and sections two thousand twenty-three   and two thousand twenty-three-a of this article.6. Notwithstanding the  provisions  of  subdivision  four  of  section   eighteen  hundred  four and subdivision five of section nineteen hundred   six of this title, subdivision one of section two thousand two  of  this   article,  subdivision  one  of  this section, subdivision two of section   twenty-six hundred one-a of this title and any other provision of law to   the contrary, the annual district meeting and election of every  common,   union  free,  central  and  central  high school district and the annual   meeting of every city school district in a city having a  population  of   less than one hundred twenty-five thousand inhabitants that is scheduled   to  be  held  on  the third Tuesday of May, two thousand three is hereby   adjourned until the first Tuesday  in  June,  two  thousand  three.  The   trustees  or  board  of  education  of  each  such school district shall   provide notice of such adjourned meeting to the qualified voters in  the   manner  prescribed  for  notice  of  the annual meeting, and such notice   shall provide for an adjourned budget hearing.  The  adjourned  district   meeting  or  district  meeting  and  election shall be deemed the annual   meeting or annual meeting and election of the district for all  purposes   under  this  title and the date of the adjourned meeting shall be deemed   the statewide uniform voting day for  all  purposes  under  this  title.   Notwithstanding  the  provisions of subdivision seven of section sixteen    hundred eight or subdivision seven of section seventeen hundred  sixteen   of  this  title or any other provision of law, rule or regulation to the   contrary, in two thousand three the property tax report  card  shall  be   submitted  to the department no later than twenty days prior to the date   of the adjourned meeting and the department shall make  its  compilation   available electronically at least seven days prior to such date.7.  Each  school  district  shall post on its website, if any, a final   annual budget and any multi-year financial plan adopted by the board  of   education or trustees.