2023 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.
10.  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.