2023 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.