§ 2553 — Board of education; eligibility; how chosen; term of office; vacancies

New York § 2553

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 52: City School Districts of Cities With One Hundred Twenty-five Thousand Inhabitants or More

Text

§ 2553. Board of education; eligibility; how chosen; term of office;\nvacancies. 1. No person shall be eligible to the office of member of a\nboard of education who is not a citizen of the United States, who is not\nqualified to register for or vote at an election in accordance with the\nprovisions of section 5-106 of the election law, and who, in the case of\nthe city school district of the city of Yonkers, has not been a resident\nof the city school district for which he is chosen for a period of at\nleast three years immediately preceding the date of his election or\nappointment and who, in the case of the city school district of the city\nof Buffalo, in the case of a member to be elected at large is not a\nqualified voter of such city school district and who has not been a\nresident of such district for a period of at least three years\nimmediately preceding the date of his election and in the case of a\nmember elected from a city school subdistrict is not a qualified voter\nof such city school subdistrict and has not been a resident of the city\nschool district for three years and a resident of the city school\nsubdistrict which he represents or seeks to represent for a period of\none year immediately preceding the date of his election, and who, in the\ncase of the city school district of the city of Rochester, is not a\nqualified voter under section 5-102 of the election law of such city\nschool district; and who in the case of the city school district of the\ncity of Syracuse has not been a qualified voter under section 5-102 of\nthe election law of such city school district for at least ninety days\nimmediately preceding the date of his election or appointment.\n 1-a. The provisions of subdivision one of this section shall not apply\nto ex officio board members, as described in subdivision eleven of this\nsection.\n 2. In the city school districts of the cities of Rochester and\nSyracuse the members of such board of education shall be chosen by the\nvoters at large at either a general or municipal election, or at both.\nIn the city school district of the city of Buffalo the members of such\nboard of education shall be chosen pursuant to the provisions of\nsubdivision ten of this section.\n * 2-a. Upon the certification of election results and the completion\nof the voter history file after each election, each school district that\nholds school board elections pursuant to this article shall transmit\ncopies of the records required to be transmitted pursuant to section\n3-112 of the election law in a manner and time provided for in such\nsection.\n * NB Effective April 1, 2026\n 3. In the city school district of the city of Yonkers members of the\nboard of education shall be appointed from the city at large by the\nmayor and shall be for terms of five years each, to begin on the first\nTuesday in May.\n 4. In the city school districts of the following cities, the terms of\nsuch members shall be as follows:\n a. Rochester: Four Years;\n b. Syracuse: Four Years;\n c. Yonkers: Five Years.\n 5. The terms of one-fifth of all the members of a board of education,\nor of a fraction as close to one-fifth thereof as possible, shall expire\nannually on the first Tuesday in May, except in the city school\ndistricts of the cities of Buffalo, Rochester and Syracuse.\n 6. If a vacancy occurs other than by expiration of term in the office\nof a member of a board of education in a district in which such members\nare elected at a general or municipal election, such vacancy shall be\nfilled by appointment by the mayor until the next general or municipal\nelection is held, and such vacancy shall then be filled at such election\nfor the unexpired portion of such term, except that in the city school\ndistrict of the city of Rochester any such vacancy shall be filled\npursuant to the provisions of subdivision nine of this section and\nexcept further that any such vacancy on the board of education of the\ncity school district of the city of Buffalo shall be filled pursuant to\nthe provisions of subdivision ten of this section.\n 7. If such vacancy occurs in such office in a district in which the\nmembers of the board of education are appointed by the mayor, such\nvacancy shall be filled by appointment by the mayor of such city for the\nunexpired portion of such term, but in Buffalo such appointment shall be\nsubject to confirmation by the council.\n 8. A member of a board of education who publicly declares that he will\nnot accept or serve in the office of member of such board of education,\nor refuses or neglects to attend three successive meetings of such\nboard, of which he is duly notified, without rendering a good and valid\nexcuse therefor to the other members of such board of education, vacates\nhis office by refusal to serve.\n 9. (a) The members of the board of education of the city school\ndistrict of the city of Rochester shall be elected by the qualified\nvoters of such city as provided herein.\n (b) The members of the board of education shall be elected at large\nthroughout the city by the qualified voters at a general election.\n (c) Such elections for such officers shall be governed by the\nprovisions of the election law in the same manner as candidates for\noffice generally to be elected by the voters of the city of Rochester;\nprovided, however, that each such candidate shall be required to file\npetitions containing at least one thousand signatures.\n (d) No person shall be eligible for the office of members of such\nboard of education who is not a qualified voter under section 5-102 of\nthe election law of such city school district. No person shall hold at\nthe same time the office of member of the board of education and any\nother elective office nor shall he be a candidate for any other elective\noffice at the same time he is a candidate for the office of member of\nsuch board of education.\n (e) The term of office of each member of such board shall be four\nyears, commencing on the first day of January following his election.\nThe candidates receiving a plurality of the votes cast respectively for\nthe several offices shall be declared elected. Where more than one\noffice is to be filled by such election and there is a variance in the\nlength of the terms, the candidate receiving the largest number of votes\nshall be entitled to the longest term and the candidates receiving the\nnext highest number of votes shall be entitled, in decreasing order of\nthe respective number of votes to the several offices, in decreasing\norder of the length of such terms or unexpired portions of terms.\nWhenever a vacancy shall occur or exist in the office of member of the\nboard of education except by reason of expiration of term, such vacancy\nshall be filled by the president of the board of education by\nappointment of a nominee of the members of the board of education of the\nsame political affiliation as the person who vacated the office and such\nnominee shall be elected by the majority vote of the board of education;\nif the board shall not have filled the vacancy within thirty days from\nthe date the vacancy occurred, then the president of the board shall\nfill the vacancy from the same political party as that of the person who\nvacated the office. However, if the vacancy shall occur in the office of\nmember of the board of education filled by an incumbent elected on a\nnon-partisan or an independent basis, such vacancy shall be filled,\nafter nomination by the president of the board of education, by majority\nvote of the remaining members of the board of education. A person\nappointed to fill a vacancy shall hold office to and including the\nthirty-first day of December next succeeding the first general election\nfollowing such vacancy, at which a successor must be elected for the\nremainder of the unexpired term, if any.\n (f) The members so elected to the board of education shall convene on\nthe first business day in January of each year at the time of the\ncommencement of their term of office and select from their members a\npresident who shall serve for a term of one year or such other term, not\nexceeding the term of his office, as may be fixed by the rules and\nregulations of the board.\n (g) The election of members of the board of education of the school\ndistrict of Rochester shall take place at a general election to be held\nin such city when an incumbent's term expires, and the first election\nhereinunder shall take place in November of nineteen hundred eighty-one.\nSuch election shall be conducted by the board of elections of the county\nof Monroe in the same manner as general elections are conducted by it.\nThe results of such elections, after canvassing, shall be certified and\nreported by the board of elections to the board of education of such\ncity. The clerk or other appropriate officer of the board of education\nshall within twenty-four hours after the receipt of such certification\nby the board of elections serve a written notice either personally or by\nmail upon each person declared to be elected as a member of the board of\neducation informing him of his election and the length of his term.\n (h) Notwithstanding the provisions of any other law, the present\nmembers of said board of education shall serve the full terms for which\nthey were elected. Vacancies which may occur in the board shall be\nfilled as provided herein, except, that the vacancies created by the\nexpansion of the board of education from five to seven members, as\nprovided herein, shall be filled at the next general election.\n 10. a. The members of the board of education of the city school\ndistrict of the city of Buffalo shall be elected by the qualified voters\nof such city as provided herein.\n b. The common council of the city of Buffalo shall within three months\nof the operative date of this paragraph of this section of this act\ndefine and publish by local law boundaries of each of six city school\nsubdistricts which said subdistricts shall be contiguous and each of\nwhich shall contain as nearly as possible the same number of\ninhabitants. The boundaries of the said city school subdistricts may\nthereafter be redefined by the board of education of the city school\ndistrict of the city of Buffalo by resolution, after a public hearing\nthereon, at intervals of not less than five years and such resolution\nmust be passed at least eight months prior to the next election for\nschool board member or members.\n c. The members of the board of education of the city school district\nof the city of Buffalo shall be elected as follows: one member from each\nof such six city school subdistricts within such city by the qualified\nvoters therein and three members of such board of education shall be\nchosen by the qualified voters at large within such city.\n d. (1) Such election for such office shall be governed by the\nprovisions of the election law in the same manner as candidates for\noffice generally to be elected by the voters of the city of Buffalo.\nNotwithstanding section 6-142 of the election law, each such candidate\nfor election as a member of the board of education from a city school\nsubdistrict shall be required to file a petition containing signatures\nof at least two hundred registered voters of such city school\nsubdistrict in which he is a candidate and each candidate for election\nto the board of education by the voters at large shall be required to\nfile a petition containing the signatures of at least four hundred\nregistered voters of the city of Buffalo.\n (2) No petition shall contain any political party or independent body\nname or label. Each petition shall contain the name of only one\ncandidate and such petition shall be filed with the board of elections\nof the county of Erie not earlier than twenty-four weeks before, and not\nlater than twenty-three weeks preceding the date on which an election\nshall be held. A certificate of acceptance or declination of any\nindividual so nominated shall be filed not later than the third day\nafter the twenty-third Tuesday preceding the election.\n e. No person shall hold at the same time the office of member of the\nboard of education of the city of Buffalo and any other elective office\nnor shall he be a candidate for any other elective office at the same\ntime he is a candidate for the office of member of such board of\neducation.\n f. Petitions for the nomination of members of such school board shall\nbe on white paper containing the required signatures of qualified voters\nof the city of Buffalo. The sheets of such petition shall be numbered\nconsecutively, beginning with number one, at the foot of each sheet.\nSuch a petition must set forth in every instance the correct date of\nsigning, the full name of the signer and his or her residence. A signer\nneed only place his or her signature upon the petition, and need not\nhimself or herself fill in the other required information.\n g. Each sheet of such a petition shall be signed in ink and shall be\nsubstantially in the following form:\n I, the undersigned, do hereby state that I am a duly qualified voter\nof the city of Buffalo, that my place of residence is truly stated\nopposite my signature hereto, and I do hereby nominate the following\nnamed person as a candidate for nomination (for the public office of\nmember of the board of education of the city of Buffalo at\nlarge..............day of...................., 20.....,) (for the city\nschool subdistrict.............day of........, 20.....)\n I do hereby appoint........................(here insert the names and\naddresses of at least three persons, all of whom shall be registered\nvoters within the city of Buffalo), as a committee to fill vacancies in\naccordance with the provisions of the election law.\n In witness whereof, I have hereunto set my hand the day and year\nplaced opposite my signature.\n Date Name of Signer Present Residence\n .............. .................. ....................\n .............. .................. ....................\n .............. .................. ....................\n The petition shall be authenticated by witnesses. Such statement shall\nbe accepted for all purposes as the equivalent of an affidavit, and if\nfalse shall subject the witness to the same penalties as if he or she\nhad been duly sworn. The form of such statement shall be substantially\nas follows:\n STATEMENT OF WITNESS\n I,...................., (name of witness), state: I am a duly\nqualified voter of the state of New York, and now reside in the city,\ntown or village of..............., in such state, at\n........................(fill in street and house number and post office)\ntherein. I know each of the voters whose names are subscribed to this\npetition sheet containing (fill in number).............signatures and\neach of them subscribed the same in my presence and upon so subscribing\ndeclared to me that the foregoing statement, made and subscribed by him,\nwas true.\n .....................\n Signature of witness\nDate...........\n h. The board of elections shall refuse to accept such petitions signed\nby an insufficient number of qualified voters, or petitions which are\nnot timely or petitions bearing a political party or independent body,\nname or emblem or which contain the name of more than one candidate.\n i. Except as it may be modified by the provisions of paragraph (d) and\nparagraph (n) of this subdivision, the provisions of the election law\nwith respect to acceptances by candidates nominated by independent\nnominating petitions shall apply to candidates nominated by petitions\nfor members of such board of education.\n j. Objections to petitions for the nomination of members of such board\nof education, procedures and remedies applicable to such objections\nshall be made pursuant to section 6-154 of the election law.\n k. The board of elections shall cause to be printed official ballots\ncontaining the names of all candidates as above provided, except that\nthe board may refuse to have the names of ineligible candidates placed\non such ballots. The names of the candidates shall be arranged according\nto lot, and shall not bear the designation of any political party or\nindependent body, name or emblem. Blank spaces shall be provided so that\nvoters may vote for candidates who have not been nominated for the\noffices to be filled at such elections. The form of such ballots shall\nconform substantially to the form of ballots used at general elections\nas prescribed in the election law.\n l. Voting for the election of members of such board of education shall\nbe by voting machine and shall be governed by the applicable provisions\nof the election law with respect to voting machines.\n m. If a candidate, after a petition in his behalf shall have been duly\nfiled with the board of elections, and prior to the date of the\nelection, shall decline to accept the nomination, die, remove from the\nschool district, accept another office, or become otherwise disqualified\nfor such city school district office, such vacancy shall be filled by\nthe committee on vacancies pursuant to the election law.\n n. The term of office of each member of such board from a city school\nsubdistrict shall be three years, and the term of office of each such\nmember of the board elected at large shall be for five years. Of the\ncandidates to be elected for membership on the board of education of the\ncity school district of the city of Buffalo by the voters at large the\nthree candidates receiving the largest number of votes cast in the city,\nshall be declared elected as at-large members of such board of\neducation. In each city school subdistrict the candidates seeking the\nelection as the member of such board of education for such city school\nsubdistrict receiving a plurality of votes in such city school\nsubdistrict shall be declared elected to that position.\n Whenever a vacancy shall occur or exist in the office of member of the\nboard of education except by reason of expiration of term or increase in\nthe number of members of such board, such vacancy shall be filled by a\nmajority vote of the remaining members of the board of education within\nthirty days of the date when such vacancy shall have occurred. If the\nremaining members of the board of education shall fail to fill such\nvacancy within such thirty day period, then the mayor of the city of\nBuffalo shall within thirty days thereafter fill such vacancy subject to\nthe confirmation of such appointment by the common council of the city\nof Buffalo. No one shall be appointed to fill a vacancy of a subdistrict\nmember of the board of education unless he fulfills all of the\nqualifications in this subdivision to enable him to be a candidate for\nthe office of a member of the board of education from the subdistrict\ninvolved.\n o. The members so elected to the board of education shall convene on\nthe first business day in January of each year, at the time of the\ncommencement of their term of office and select from their members a\npresident who shall serve for a term of one year or such other term, not\nexceeding the term of his office, as may be fixed by the rules and\nregulations of the board.\n p. The election of members of the board of education of the school\ndistrict of the city of Buffalo shall take place on the first Tuesday\nafter the first Monday in November in each year in which an incumbent's\nterm expires. Such election shall be conducted by the board of elections\nof the county of Erie in the same manner as other elections are\nconducted by it. The results of such elections, after canvassing, shall\nbe certified and reported by the board of elections to the board of\neducation of such city. The clerk or other appropriate officer of the\nboard of education shall within twenty-four hours after receipt of such\ncertification by the board of elections serve a written notice either\npersonally or by mail upon each person declared to be elected as a\nmember of the board of education informing him of his election and the\nlength of his term.\n 11. Notwithstanding the provisions of any other law, each board of\neducation shall establish a process for designating at least one student\nas an ex officio board member. Ex officio student members shall be\nentitled to sit with board members at all public meetings and hearings\nof the board and may participate in other board activities and\nresponsibilities at the discretion of the board. Such ex officio student\nmembers shall not be allowed to vote, shall not be allowed to attend\nexecutive session or any other meetings or hearings not open to the\npublic.\n