§ 1804 — Board of education; election; powers and duties

§ 1804. Board of education; election; powers and duties. 1. Each such\ncentral school district shall be managed by a board of education\nconsisting of five, seven or nine members, which board shall have the\nsame powers and duties as boards of education in union free school\ndistricts as prescribed by this chapter. Except as provided in this\narticle, all the provisions of this chapter or of any other general law\nrelating to or affecting union free school districts shall apply to\ncentral districts organized as herein provided. The corporate existence\nof any city school district the territory of which is enlarged by the\nformation of a central school district pursuant to this article shall\ncontinue and such central school district shall be and shall be\ndesignated as a city school district and shall be subject to the\nprovisions of article fifty-one of this chapter and to those provisions\nof this article which are not inconsistent with the provisions of\narticle fifty-one.\n 2. The first board of education shall be elected at the meeting at\nwhich the resolution organizing such central school district and\nestablishing a central school is adopted or in case the alternative\nvoting procedure authorized by section eighteen hundred three-a of this\nchapter has been adopted, at the meeting referred to in subdivision\nseven of such section. It shall be the duty of such meeting to elect\nfive, seven or nine members of the board of education who shall by order\nof such meeting be divided into a sufficient number of classes so that\nas nearly as possible an equal number of members shall be elected to the\nboard each year.\n 3. The number of members of the board of education of an organized and\nexisting central school district may be increased to seven or nine\nmembers in the same manner as increases are made in union free school\ndistricts. The number of members of a board containing nine members may\nbe decreased to seven or five members and the number of members of a\nboard containing seven members may be decreased to five members in the\nsame manner as decreases are made in union free school districts.\n 4. The annual meeting and election in each central school district\nshall be held on the third Tuesday of May provided, however that such\nannual meeting and election shall be held on the second Tuesday in May\nif the commissioner at the request of a local school board certifies no\nlater than March first that such election would conflict with religious\nobservances, and any school budget revote shall be held on the date\nspecified in subdivision three of section two thousand seven of this\ntitle. Such annual meeting and school budget revote shall be conducted\nand the election of members of the board shall be held in the same\nmanner as in union free school districts organized and operating under\nthe provisions of this chapter. The board of education of each central\nschool district shall hold a budget hearing not less than seven nor more\nthan fourteen days prior to the annual or special district meeting at\nwhich a school budget vote will occur, and shall prepare and present to\nthe voters at such budget hearing a proposed school district budget for\nthe ensuing school year.\n 5. a. Nothing herein contained shall be construed to deprive any\nexisting school district of the property belonging to such district, or\nto affect the indebtedness of said district. An existing district within\nthe meaning of this article shall be construed to mean a district that\nlies within the boundaries of a central school district. Each such\nexisting district shall be deemed to continue to exist in law for the\npurpose of paying all its just debts, including obligations lawfully\nissued prior to the organization of such central school district,\ntogether with all interest thereon as the same shall fall due. In\nlevying the annual school tax upon the property of such central school\ndistricts, the board of education shall also assess and levy upon the\ntaxable property of each such existing district which has an outstanding\nindebtedness, an additional sum sufficient to pay all of such\nindebtedness which shall fall due during the school year for which the\ntax is levied less any sum received by such central school district and\napportioned and credited to the existing school district pursuant to the\nprovisions of subdivision four of section eighteen hundred six of this\narticle.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nwhenever a common school district or a union free school district shall,\nafter July first, nineteen hundred sixty-four, become a part of a\ncentral school district either pursuant to the provisions of subdivision\none of section eighteen hundred two of this article, or pursuant to the\nprovisions of subdivision two thereof, or whenever a central school\ndistrict, after such date, shall become a part of another central school\ndistrict pursuant to either of such provisions, the central school\ndistrict, of which any such district shall have become a part, shall\nsucceed to all the property rights of such common, union free or central\nschool district and all indebtedness of any such school district\nevidenced by bonds or notes or relating to school building construction\nshall become a charge upon such central school district of which such\ndistrict shall have become a part, but all other indebtedness of any\nsuch district shall be paid by any such district in accordance with the\nprovisions of section fifteen hundred eighteen of this chapter and to\nthat extent any such district shall continue to exist in law for the\npurpose of providing for and paying all such indebtedness in accordance\nwith the provisions of such section.\n 6. a. The board of education shall not sell or otherwise dispose of\nthe property of any such existing district except with the approval of a\nmajority of the qualified voters of such existing district present and\nvoting upon the question at a meeting of such voters duly called by such\nboard of education; provided, however, that upon the expiration of five\nyears from the date of discontinuance of a school, pursuant to section\none thousand eight hundred five of this chapter, the board of education\nmay, in its discretion, without a vote by such qualified voters upon\nsuch question, sell or otherwise dispose, in the manner provided by law,\nof such a school or other building previously used for school purposes\nand the real property on which it is situated. For that purpose the\nproceeds of such sale or disposal of property belonging to such existing\ndistrict, after deducting the cost of repairs or improvements made after\nthe organization of the central school district, shall be used for the\npayment of the portion payable by such existing district of any\noutstanding indebtedness of such existing district which shall be due\nand payable or which may thereafter become due and payable. Any balance\nremaining after the payment of such indebtedness shall be apportioned\namong the taxpayers of such existing district as they appear upon the\nlast completed town or city assessment roll preceding the date of sale,\nproviding such apportioned sum shall equal or exceed five dollars and\nunless the voters of such existing district by a majority vote of those\npresent and voting at a special district meeting called for that purpose\nshall vote to turn over the proceeds of such sale or disposal of such\nproperty to the central district to be used for the benefit of the\ncentral district. Any balance of funds remaining in the treasury of the\nseveral districts included within the central school district on July\nfirst next following the date of the establishment of such central\nschool district, after paying all outstanding obligations then due and\npayable, shall be turned over to the treasurer of the central school\ndistrict within thirty days thereafter and shall become available for\nuse by the board of education of the central school district; provided,\nhowever, that if any such existing district shall have any obligations\nwhich shall become due and payable after such July first, so much of any\nsuch balance of funds as may be necessary shall be held in a special\naccount by the treasurer of the central school district for the purpose\nof paying the principal of, and interest on, such obligations, as the\nsame shall become due and payable from time to time. The title to all\nproperty erected or otherwise acquired after the organization of such\ncentral school district shall be vested in the central district,\nirrespective of the location of such property.\n b. The provisions of paragraph a of this subdivision shall not be\napplicable to the property of any common or union free school district\nwhich, after July first, nineteen hundred sixty-four, shall become part\nof a central school district, nor to any central school district which,\nafter such date, shall become part of another central school district.\n c. Notwithstanding the provisions of paragraph a of this subdivision,\nthe board of education of a central school district may, by resolution,\nafter a period of at least seven years of centralization, sell any piece\nof real property which such board shall deem to be of no use or value\ntherefor. The sale of such property shall be without the approval of the\nqualified voters of the school district, unless a petition requiring\nthat the question as to the sale of such property be submitted to a vote\nby the qualified voters of such district. Such petition shall be\nsubscribed and acknowledged by at least ten per centum of the qualified\nvoters of such district, and filed with the clerk of the board of\neducation within thirty days of the adoption of such resolution. Upon\nthe affirmative vote of a majority of the qualified voters, voting\nthereon, such resolution shall become effective. The proceeds derived\nfrom such sale shall revert to the use and benefit of the entire\ndistrict. Upon approval by the board of education, such funds may be (i)\nutilized to reduce existing bonded indebtedness; (ii) applied to\nconstruction, reconstruction or renovation within such district; or\n(iii) applied to the general fund of such district.\n 7. Deeds of property sold or disposed of under the provisions of the\npreceding subdivision shall be executed by the board of education of the\ncentral school district or a majority of the members thereof. Any deed\nduly executed and delivered by the board of education of the central\nschool district in the course of a sale or disposal of real property of\na constituent district pursuant to the provisions of the preceding\nsubdivision shall be valid and effectual to pass all the estate or\ninterest of such constituent district in the premises. All deeds or\nother conveyances of real property of any district heretofore made and\ndelivered, executed by said board of education of said central school\ndistrict by its officers, or in the manner in which deeds are executed\nby corporations, or executed in any other manner, shall be as valid and\nof the same force and effect as if executed by said board of education\nof said central school district or a majority of the members thereof;\nbut this provision shall not affect any action or proceeding pending at\nthe time of the taking effect hereof.\n 8. The board of education may, in its discretion, provide compensation\nto a speaker or speakers at commencement day exercises in such amount as\nmay be determined by the board.\n 9. a. The board of education shall, for purposes of a criminal history\nrecord check, require the fingerprinting of all prospective employees\npursuant to section three thousand thirty-five of this chapter, who do\nnot hold valid clearance pursuant to such section or pursuant to section\nthree thousand four-b of this chapter or section five hundred nine-cc or\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\ninitiating the fingerprinting process, the prospective employer shall\nfurnish the applicant with the form described in paragraph (c) of\nsubdivision thirty of section three hundred five of this chapter and\nshall obtain the applicant's consent to the criminal history records\nsearch. Every set of fingerprints taken pursuant to this subdivision\nshall be promptly submitted to the commissioner for purposes of\nclearance for employment.\n b. Upon the recommendation of the superintendent, the board may\nconditionally appoint a prospective employee. A request for conditional\nclearance shall be forwarded to the commissioner along with the\nprospective employee's fingerprints, as required by paragraph a of this\nsubdivision. Such appointment shall not commence until notification by\nthe commissioner that the prospective employee has been conditionally\ncleared for employment and shall terminate forty-five days after such\nnotification of conditional clearance or when the prospective employer\nis notified of a determination by the commissioner to grant or deny\nclearance, whichever occurs earlier, and may not be extended or renewed\nunless the commissioner issues a new conditional clearance after finding\nthat there was good cause for failing to obtain clearance within such\nperiod, provided that if clearance is granted the appointment shall\ncontinue and the conditional status shall be removed. Prior to\ncommencement of such conditional appointment, the prospective employer\nshall obtain a signed statement for conditional appointment from the\nprospective employee, indicating whether, to the best of his or her\nknowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n c. Upon the recommendation of the superintendent, the board may make\nan emergency conditional appointment when an unforeseen emergency\nvacancy has occurred. When such appointment is made, the process for\nconditional appointment pursuant to paragraph b of this subdivision must\nalso be initiated. Emergency conditional appointment may commence prior\nto notification from the commissioner on conditional clearance but shall\nterminate twenty business days from the date such appointment commences\nor when the prospective employer is notified by the commissioner\nregarding conditional clearance, whichever occurs earlier, provided that\nif conditional clearance is granted the appointment shall continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (ii) when no other qualified person\nis available to fill the vacancy temporarily; and (iii) when emergency\nconditional appointment is necessary to maintain services which the\ndistrict is legally required to provide or services necessary to protect\nthe health, education or safety of students or staff. The provisions of\nsubparagraph (i) of this paragraph shall not apply if the board finds\nthat the district has been unable to fill the vacancy despite good faith\nefforts to fill such vacancy in a manner which would have allowed\nsufficient time for clearance or conditional clearance.\n d. Shall develop a policy for the safety of the children who have\ncontact with an employee holding conditional appointment or emergency\nconditional appointment.\n 10. The board of education shall upon commencement and termination of\nemployment of an employee by the school district, provide the\ncommissioner with the name of and position held by such employee.\n 11. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n 12. Each central school district shall establish a process for\ndesignating at least one student as an ex officio member pursuant to\nparagraph c of this subdivision. If, prior to August fifth, two thousand\nthree, a school district had a policy that allowed a student or students\nto be ex officio members of the school board, such policy shall be\ndeemed to meet the requirements of this subdivision and shall be deemed\nto have full legal effect. In any district that contains more than one\nhigh school, such process shall take into consideration the number of\nhigh schools within the district and provide for a mechanism which\nallows for fair representation among the schools. Such school district\nshall allow such selected student or students to serve as ex officio\nmembers of such district's board of education and provided further that:\n a. The ex officio student members of the board shall be entitled to\nsit with board members at all public meetings and hearings of the board\nand may participate in other board activities and responsibilities at\nthe discretion of the board.\n b. The ex officio student members of the board shall not be allowed to\nvote, shall not be allowed to attend executive session or any other\nmeetings or hearings not open to the public, and shall not be entitled\nto receive compensation of any form for participating at board meetings.\n c. Notwithstanding any other law to the contrary, the ex officio\nstudent members of the board may be any of the following: the student\nthat has been duly elected as student president of the high school; a\nstudent duly elected by the student body; a student selected by the high\nschool student government; a student selected by the high school\nprincipal; a student selected by the superintendent of schools; a\nstudent selected by majority vote of the school board.\n d. The ex officio student members shall have attended such high school\nfor at least one year prior to selection.\n