§ 2502 — Board of education

§ 2502. Board of education. 1. The board of education of each city\nschool district shall constitute a body corporate.\n 2. Each board of education shall consist of five, seven or nine\nmembers, to be known as members of the board of education. In the city\nof Albany, such board shall consist of seven members; and in the city of\nRensselaer, such board shall consist of five members; subject, however,\nto any increase or decrease of the number of members of such board as\nprovided pursuant to the provisions of paragraph a of subdivision four\nof this section. Members of such board shall be elected by the qualified\nvoters at large of the school district at annual school elections, under\nthe provisions of article fifty-three of this chapter; provided,\nhowever, each board of education may upon its own motion, and shall upon\na written petition, subscribed by not less than five hundred qualified\nvoters of the district, cause to be submitted at the annual school\nelection a proposition to consider each vacancy upon the board of\neducation a separate specific office requiring a separate petition to\nnominate a candidate to each separate office in accordance with the\nprovisions of article fifty-three of this chapter.\n 3. The full term of office of a member of the board of education shall\nbe three or five years, as the district may determine, except the full\nterm of office of a member of the board of education in the city of\nAlbany shall be four years; provided, however, that the term of office\nof each incumbent member of the city of Albany board on the effective\ndate of this amendment shall not be decreased, and provided further,\nthat one or more of the vacancies filled after this change to four year\nterms shall be for terms of two or three years only in order that, as\nnearly as possible, an equal number of members shall be elected to the\nboard each year. Any such school district may decrease the full term of\na member of the board of education to three years or increase the full\nterm of a member of the board of education to five years by adopting a\nproposition at any regular meeting or election to do so; provided,\nhowever, that the term of office of each incumbent member of the board\nof education shall not be increased or decreased thereby; and provided,\nfurther, that whenever a proposition shall be adopted to increase the\nterm of office from three years to five years, or to decrease the term\nof office from five years to three years, such proposition shall provide\nthat one or more of the vacancies to be filled, during each of the three\nyears next succeeding the adoption of such proposition, shall be for\nthree or four years only in order that, as nearly as possible, an equal\nnumber of trustees shall be elected to the board each year. The board of\neducation in the city of Peekskill may, by adopting a resolution,\ndecrease the full term of a member of the board of education to two\nyears in order that, as nearly as possible, an equal number of trustees\nshall be elected to the board each year; provided, however, that the\nterm of office of each incumbent member of the board of education shall\nnot be decreased thereby.\n 4. a. Each board of education may upon its own motion, and shall upon\na written petition, subscribed by not less than five hundred qualified\nvoters of the district, cause to be submitted at the annual school\nelection a proposition to increase or decrease the number of members of\nsuch board to a number specified in subdivision two of this section; or\na proposition to increase or decrease the term of office of members of\nthe board of education in accordance with subdivision three of this\nsection.\n b. The notice of any annual school election at which a proposition\nshall be submitted pursuant to paragraph a of this subdivision shall\ninclude a statement that such proposition will be so submitted. In the\nevent that the board of education fails or refuses to include such\ninformation in such notice, the commissioner of education may prescribe\nthe manner in which notice of the submission of such a proposition shall\nbe given.\n c. Upon the adoption of a proposition to increase or decrease the\nnumber of members of the board of education the members of such board\nthen in office shall continue in office for the balance of their\nrespective terms. If the proposition so adopted requires an increase in\nthe number of board members, a sufficient number of members of such\nboard shall be elected at the annual election immediately succeeding the\nelection at which such proposition was submitted, to effect the\nnecessary increase. If the proposition so adopted requires a decrease in\nthe number of board members, no election of board members shall be held\nin such district until the election of a member or members shall be\nnecessary to maintain the number specified in such proposition. The\noffices of those members whose terms so expire without the election of a\nsuccessor shall terminate with the expiration of such term. Succeeding\nmembers of such board shall be elected at annual school elections in\nsuch years and in such numbers and for such terms of office as shall be\ndetermined by resolution of the board of education and approved by the\ncommissioner of education, so that as soon as practicable:\n (1) The terms of office of all members of such board shall be five\nyears or three years, as the district shall have determined;\n (2) The number of members elected to and serving on such board shall\nequal the number of members specified in such proposition; and\n (3) As nearly as possible, an equal number of members of the board of\neducation will be elected each year.\n d. A resolution adopted pursuant to paragraph c of this subdivision,\nwhich shall be subject to approval by the commissioner of education,\nshall be placed on file in the office of the clerk of the school\ndistrict and shall be a public record.\n 5. a. The members of a board of education of a school district which\nafter July first, nineteen hundred fifty, shall become a city school\ndistrict, as defined in subdivision sixteen of section two of this\nchapter, shall continue in office until the expiration of their\nrespective terms of office in those cases where such terms of office\nexpire with the thirtieth day in June and in all other cases such\nmembers shall continue in office until July first next succeeding the\ndate upon which their respective terms of office would have otherwise\nexpired.\n b. If the total number of members elected to serve on any such board\nof education shall be either five, seven or nine, such board shall\ncontinue to be composed of five, seven or nine members, as the case may\nbe, subject to change in accordance with subdivision four of this\nsection.\n c. If the total number of members elected to serve on any such board\nof education shall be other than five, seven or nine, such board of\neducation shall cause to be submitted at the next succeeding annual\nschool election, held in accordance with article fifty-three of this\nchapter, propositions to determine whether the number of members of such\nboard shall be five, seven or nine. If the proposition adopted thereat\nrequires an increase in the number of board members, a sufficient number\nof members of such board shall be elected at the annual election\nimmediately succeeding the election at which such proposition was\nsubmitted, to effect the necessary increase. If the proposition so\nadopted requires a decrease in the number of board members, no election\nof board members shall be held in such district until the election of a\nmember or members shall be necessary to maintain the number specified in\nsuch proposition. The offices of those members whose terms so expire\nwithout the election of a successor shall terminate with the expiration\nof such term. Thereafter, such board of education shall be composed of\nthe number of members specified in the proposition for which the\ngreatest number of valid votes shall have been cast, subject to change\nin accordance with subdivision four of this section.\n d. Succeeding members of any such board of education shall be elected\nat annual school elections in such years and in such numbers and for\nsuch terms of office as shall be determined by resolution of the board\nof education and approved by the commissioner of education so that as\nsoon as practicable:\n (1) The terms of office of all members shall be five years or three\nyears, as the district shall determine;\n (2) As nearly as possible, an equal number of the members of the board\nof education shall be elected each year; and\n (3) In the case of boards of education coming under the provisions of\nparagraph c of this subdivision, the number of members elected to and\nserving on any such board shall equal the number specified in the\nproposition adopted pursuant to paragraph c of this subdivision.\n e. A resolution adopted pursuant to paragraph d of this subdivision,\nwhich shall be subject to approval by the commissioner of education,\nshall be placed on file in the office of the clerk of the school\ndistrict and shall be a public record.\n 6. Whenever a vacancy shall occur or exist in the office of member of\nthe board of education, except by reason of expiration of term or of an\nincrease in the number of members of such board, a majority of the\nremaining members of such board may appoint a qualified person to fill\nthe vacancy. The person so appointed shall hold office until the next\nregular school district election, and the person elected to fill such\nvacancy shall take office immediately upon the filing of his official\noath of office with the district clerk.\n 7. No person shall be eligible to the office of member of the board of\neducation who is not a qualified voter of the city school district and\nwho has not been a resident of such district for a period of at least\none year immediately preceding the date of his or her election;\nprovided, however, that no person shall hold at the same time the office\nof member of the board of education and any city office other than as a\npolice officer and firefighter; provided, further, that where territory\nis added to a city school district by order of the commissioner pursuant\nto article thirty-one of this chapter, residence in the territory so\nadded to the city school district shall be and shall be deemed to be\nresidence in the city school district for the purposes of this\nsubdivision, and a person qualified to vote in school district elections\nby virtue of his or her residence in the territory so added to the city\nschool district immediately prior to the addition of such territory to\nthe city school district shall be and shall be deemed to be a qualified\nvoter of the city school district immediately upon the addition of such\nterritory.\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, vacates his office\nby a refusal to serve.\n 9-a. Notwithstanding any general, special or local law to the\ncontrary, this subdivision shall apply to the school district of the\ncity of Rensselaer. a. The members of the board of education of the\nschool district of the city of Rensselaer shall be elected by the\nqualified voters of such district as provided herein.\n b. The members of the board of education shall be elected at large\nthroughout the district by the qualified voters at an annual school\nelection taking place at the time specified under the provisions of\narticle fifty-three of this chapter.\n c. Except with respect to the number of polling places to be used,\nwhich is provided for in paragraph l of this subdivision, such elections\nfor such offices shall be governed by the provisions of the election law\nin the same manner as candidates for office generally to be elected by\nthe voters of the city of Rensselaer, provided, however, that each such\ncandidate shall be required to file a petition containing signatures of\nat least one hundred registered voters of such district which petition\nshall not contain any political party or independent body, name or\nemblem. Each petition shall contain the name of only one candidate and\nsuch petitions shall be filed with the clerk of the board of elections\non or before the twentieth day preceding the day of the annual school\nelection but not earlier than the thirtieth day preceding the day of the\nannual school election.\n d. No person shall be eligible for the office of member of such board\nof education who is not a qualified voter of such school district and\nwho has not been a resident of such district for a period of at least\nthirty days immediately preceding the date of his election; provided,\nhowever, that no person shall hold at the same time the office of member\nof the board of education and any other elective office nor shall he be\na candidate for any other elective office at the same time he is a\ncandidate for the office of member of such board of education.\n e. Petitions for the nomination of members of such school board shall\nbe on white paper containing the required signatures of qualified voters\nof such district who were or will be registered to vote therein thirty\ndays preceding the annual school election. The sheets of such a petition\nshall be numbered consecutively, beginning with number one, at the foot\nof each sheet. Such a petition must set forth in every instance the\ncorrect date of signing, the full name of the signer, his present\nresidence, the ward of such residence, and the election district\nthereof. A signer need not himself fill in the date, residence, ward or\nelection district.\n f. 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 school district of the city of Rensselaer, that I was or will be\nregistered to vote therein thirty days preceding the ensuing annual\nschool election to which this petition pertains, that my present place\nof residence is truly stated opposite my signature hereto, and that I\nintend to support at the ensuing election, and I do hereby nominate the\nfollowing named person as a candidate for nomination for the public\noffice of member of the board of education of the school district of the\ncity of Rensselaer to be voted for at the election to be held on\nthe........... day of................,19.....\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 Ward Election District\n ............................. ....................\n ............................. ....................\n ............................. ....................\n g. The petition shall be authenticated by witnesses who shall be\nqualified to vote at the ensuing annual school election. Such statement\nshall be accepted for all purposes as the equivalent of an affidavit,\nand if false shall subject the witness to the same penalties as if he\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,\nat............................(fill in street and house number and post\noffice) therein. The said residence is in the..............(fill in\nnumber) election district of the..........................(fill in ward\nin a city, or town, if outside a city). I know each of the voters whose\nnames are subscribed to this petition sheet containing (fill in\nnumber).................. signatures and each of them subscribed the\nsame in my presence and upon so subscribing declared to me that the\nforegoing statement, made and subscribed by him, was true.\n ....................\n Signature of witness\n Date.................\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.\n i. A person nominated as a candidate for school board member shall be\nnotified forthwith by mail of such nomination by the board of elections\nand such person shall accept such nomination by filing written notice of\nacceptance in the office of the county board of elections, not later\nthan five days after the mailing by the board of elections to such\nperson of notice that he was so nominated. In the absence of such\nfiling, such nomination shall be null and void.\n j. Objections to petitions for the nomination of members of such board\nof education shall be filed with the county board of elections not later\nthan the fifteenth day prior to the date of the annual school election.\nSuch objections shall include the specifications of the grounds for such\nobjections. Except as provided for in this subdivision, the county board\nof elections shall apply such rules to the processing, disposition and\nnotification of such petitions, objections and specifications as are\napplicable to nominating petitions in general elections conducted by\nsaid board. When a determination is made that a petition is\ninsufficient, such board shall give notice of the determination\nforthwith by mail to each candidate named in the petition, and, if the\ndetermination is made upon specified objections, the objector shall be\nnotified. Any judicial proceeding with respect to a petition shall be\ninstituted within seven days after the last day to file the petitions.\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 in the\norder as determined by the drawing by lot by the board of elections in\nthe manner specified under the provisions of paragraph b of subdivision\ntwo of section two thousand thirty-two of this chapter. Blank spaces\nshall be provided so that voters may vote for candidates who have not\nbeen nominated for the offices to be filled at such elections. The form\nof such ballots shall conform substantially to the form of ballots used\nat annual school elections as prescribed in article fifty-three of this\nchapter.\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; provided, however,\nthat a single polling place, at a location within the school district of\nthe city of Rensselaer specified by the board of education not later\nthan thirty days prior to the annual school election, shall be utilized.\n m. If a candidate, after a petition in his behalf shall have been duly\nfiled with the clerk of the board of elections, and prior to the date of\nthe election, shall decline to accept the nomination, die, remove from\nthe district, accept or be a candidate for another elective office, or\nbecome otherwise disqualified for such city school district office, a\nfurther petition may be filed with such clerk, nominating another\ncandidate in his place and stead. Such further petition shall in all\nrespects comply with the provisions of paragraphs c, e and g of this\nsubdivision, except that it may be filed at any time up to and including\nthe fifteenth day preceding the date of the annual school election and\nthe time within which to object to such further petition shall be\nextended by the number of days past the twentieth day before the\nelection that such further petition is filed.\n n. The term of office of each member of such board shall be five\nyears, commencing on the first day of July following his election,\nprovided, however, that the members first elected shall be elected: two\nmembers for three year terms; two members for four year terms; one\nmember for a five year term. The candidates receiving a plurality of the\nvotes cast respectively for the several offices shall be declared\nelected. Where more than one office is to be filled by such election and\nthere is a variance in the length of the terms for which such offices\nare to be filled as authorized by this chapter, or where one or more\npersons are to be elected for a full term or terms and one or more\npersons are to be elected for the unexpired portion of a term or terms,\nor both, the candidate receiving the largest number of votes shall be\nentitled to the longest term and the candidates receiving the next\nhighest number of votes shall be entitled, in decreasing order of the\nrespective numbers of votes, to the several offices, in decreasing order\nof the length of such terms or unexpired portions of terms. Whenever a\nvacancy shall occur or exist in the office of member of the board of\neducation except by reason of expiration of term or increase in the\nnumber of members of such board, a majority of the remaining members of\nsuch board, shall elect a qualified person to fill the vacancy. The\nperson so elected shall hold office to and including the thirtieth day\nof June next succeeding the first annual school election at which the\nvacancy can be filled. Vacancies so filled shall be for the unexpired\nterm of the member being replaced.\n o. The members so elected to the board of education shall convene on\nthe date chosen pursuant to section twenty-five hundred four of this\narticle, at the time of the commencement of their term of office and\nselect from their members a president who shall serve for a term of one\nyear.\n p. The election of members of the board of education of the school\ndistrict of the city of Rensselaer shall take place at an annual school\nelection held in such city at the time specified under the provisions of\narticle fifty-three of this chapter. Such election shall be conducted by\nthe board of elections of the county of Rensselaer at the expense of\nsuch board of elections 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 10. Each small city 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 selected by the high school student government; a student\nselected by the high school principal; a student selected by the\nsuperintendent of schools; a student selected by majority vote of the\nschool board.\n d. The ex officio student members shall have attended such high school\nfor at least one year prior to selection.\n