§ 2022 — Vote on school district budgets and on the election of school district trustees and board of education members

New York § 2022

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Part 1: General Provisions
• Art. 41: District Meetings

Text

§ 2022. Vote on school district budgets and on the election of school\ndistrict trustees and board of education members. 1. Notwithstanding any\nlaw, rule or regulation to the contrary, the election of trustees or\nmembers of the board of education, and the vote upon the appropriation\nof the necessary funds to meet the estimated expenditures, in any common\nschool district, union free school district, central school district or\ncentral high school district shall be held at the annual meeting and\nelection on the third Tuesday in May, provided, however, that such\nelection shall be held on the second Tuesday in May if the commissioner\nat the request of a local school board certifies no later than March\nfirst that such election would conflict with religious observances. The\nsole trustee, board of trustees or board of education of every common,\nunion free, central or central high school district and every city\nschool district to which this article applies shall hold a budget\nhearing not less than seven nor more than fourteen days prior to the\nannual meeting and election or special district meeting at which a\nschool budget vote will occur, and shall prepare and present to the\nvoters at such budget hearing a proposed school district budget for the\nensuing school year.\n 2. Except as provided in subdivision four of this section, nothing in\nthis section shall preclude the trustees or board of education, in their\ndiscretion, from submitting additional items of expenditure to the\nvoters for approval as separate propositions or the voters from\nsubmitting propositions pursuant to sections two thousand eight and two\nthousand thirty-five of this part; provided however that such\npropositions shall be subject to the requirements set forth in\nsubdivision nine of section two thousand twenty-three-a of this part.\n 2-a. Every common, union free, central, central high school district\nand city school district to which this article applies shall mail a\nschool budget notice to all qualified voters of the school district\nafter the date of the budget hearing, but no later than six days prior\nto the annual meeting and election or special district meeting at which\na school budget vote will occur. The school budget notice shall compare\nthe percentage increase or decrease in total spending under the proposed\nbudget over total spending under the school district budget adopted for\nthe current school year, with the percentage increase or decrease in the\nconsumer price index, from January first of the prior school year to\nJanuary first of the current school year, and shall also include the\ninformation required by paragraphs a and b of this subdivision. The\nnotice shall also set forth the date, time and place of the school\nbudget vote, in the same manner as in the notice of annual meeting, and\nshall also include the district's tax levy limit pursuant to section two\nthousand twenty-three-a of this part, and the estimated school tax levy,\nexcluding any levy necessary to support the expenditures pursuant to\nsubparagraphs (i) through (iv) of paragraph i of subdivision two of\nsection two thousand twenty-three-a of this part, that would result from\nadoption of the proposed budget. Such notice shall be in a form\nprescribed by the commissioner.\n a. Commencing with the proposed budget for the two thousand one--two\nthousand two school year, such notice shall also include a description\nof how total spending and the tax levy resulting from the proposed\nbudget would compare with a projected contingency budget adopted\npursuant to section two thousand twenty-three of this article, assuming\nthat such contingency budget is adopted on the same day as the vote on\nthe proposed budget. Such comparison shall be in total and by component\n(program, capital and administrative), and shall include a statement of\nthe assumptions made in estimating the projected contingency budget.\n b. Commencing with the proposed budget for the two thousand eight--two\nthousand nine school year, such notice shall also include, in a format\nprescribed by the commissioner, an estimate of the tax savings that\nwould be available to an eligible homeowner under the basic school tax\nrelief (STAR) exemption authorized by section four hundred twenty-five\nof the real property tax law if the proposed budget were adopted. Such\nestimate shall be made in the manner prescribed by the commissioner, in\nconsultation with the office of real property services.\n 3. In all elections for trustees or members of boards of education or\nvotes involving the expenditure of money, or authorizing the levy of\ntaxes, the vote thereon shall be by ballot, or, in school districts that\nprior to nineteen hundred ninety-eight conducted their vote at the\nannual meeting, may be ascertained by taking and recording the ayes and\nnoes of such qualified voters attending and voting at such district\nmeetings.\n 4. The budget adoption process shall conform to the requirements set\nforth in section two thousand twenty-three-a of this part. In the event\nthat the original proposed budget is not approved by the voters, the\nsole trustee, trustees or board of education may adopt a final budget\npursuant to subdivision five of this section or resubmit to the voters\nthe original or a revised budget pursuant to subdivision three of\nsection two thousand seven of this part. Upon one defeat of such\nresubmitted budget, the sole trustee, trustees or board of education\nshall adopt a final budget pursuant to subdivision five of this section.\nNotwithstanding any other provision of law to the contrary, the school\ndistrict budget for any school year, or any part of such budget or any\npropositions involving the expenditure of money for such school year\nshall not be submitted for a vote of the qualified voters more than\ntwice.\n 5. If the qualified voters fail to approve the proposed school\ndistrict budget upon resubmission or upon a determination not to\nresubmit for a second vote pursuant to subdivision four of this section,\nthe sole trustee, trustees or board of education, after applying thereto\nthe public school moneys and other moneys received or to be received for\nthat purpose, shall levy a tax for the sum necessary for teachers'\nsalaries and other ordinary contingent expenses in accordance with the\nprovisions of this subdivision and sections two thousand twenty-three\nand two thousand twenty-three-a of this article.\n 6. Notwithstanding the provisions of subdivision four of section\neighteen hundred four and subdivision five of section nineteen hundred\nsix of this title, subdivision one of section two thousand two of this\narticle, subdivision one of this section, subdivision two of section\ntwenty-six hundred one-a of this title and any other provision of law to\nthe contrary, the annual district meeting and election of every common,\nunion free, central and central high school district and the annual\nmeeting of every city school district in a city having a population of\nless than one hundred twenty-five thousand inhabitants that is scheduled\nto be held on the third Tuesday of May, two thousand three is hereby\nadjourned until the first Tuesday in June, two thousand three. The\ntrustees or board of education of each such school district shall\nprovide notice of such adjourned meeting to the qualified voters in the\nmanner prescribed for notice of the annual meeting, and such notice\nshall provide for an adjourned budget hearing. The adjourned district\nmeeting or district meeting and election shall be deemed the annual\nmeeting or annual meeting and election of the district for all purposes\nunder this title and the date of the adjourned meeting shall be deemed\nthe statewide uniform voting day for all purposes under this title.\nNotwithstanding the provisions of subdivision seven of section sixteen\nhundred eight or subdivision seven of section seventeen hundred sixteen\nof this title or any other provision of law, rule or regulation to the\ncontrary, in two thousand three the property tax report card shall be\nsubmitted to the department no later than twenty days prior to the date\nof the adjourned meeting and the department shall make its compilation\navailable electronically at least seven days prior to such date.\n 7. Each school district shall post on its website, if any, a final\nannual budget and any multi-year financial plan adopted by the board of\neducation or trustees.\n