New York

McKinney's Education Law § 1602

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED

EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE II--SCHOOL DISTRICT ORGANIZATION

ARTICLE 33--COMMON SCHOOL DISTRICTS

§ 1602. Number of trustees; determination of change

1. At the first annual meeting next after the erection of a common school district the electors shall determine, by resolution, whether the district shall have one or three trustees; and if they resolve to have three trustees, shall elect the three for one, two and three years, respectively, and shall designate by their votes for which term each is elected; thereafter in such district, one trustee shall be elected for three years at each annual meeting to fill the office of the outgoing trustee; and if they resolve to have one trustee, shall elect the trustee for a one-year term; thereafter in such district a trustee shall be elected for one year at each annual meeting to fill the office of the outgoing trustee.

2. The electors of any common school district having three trustees shall have power to decide at any annual meeting by a majority vote of those present and voting, whether the district shall have a sole trustee or three trustees. If they resolve to have a sole trustee, the trustees in office shall continue in office until their terms of office shall expire. No election of a trustee shall be had in the district until the offices of such trustees shall become vacant by the expiration of their terms of office or otherwise, and thereafter but one trustee shall be elected for said district.

3. The electors of a common school district having but one trustee may determine at an annual meeting, by a two-thirds vote of the legal voters present and voting thereat, to have three trustees; and upon the adoption of a resolution to that effect, shall proceed to elect three trustees or such number as may be necessary to form a board of three trustees, in the same manner as provided in this section for the election of three trustees at the first annual meeting after the erection of a district; and thereafter in such district, one trustee shall be elected for three years, at each annual meeting, to fill the office of the outgoing trustee.

McKinney's Education Law § 1702

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE II--SCHOOL DISTRICT ORGANIZATION

ARTICLE 35--UNION FREE SCHOOL DISTRICTS

§ 1702. Board of education; election; terms of office

1. Whenever a union free school district shall be established, pursuant to the provisions of subdivision three of section fifteen hundred four of this chapter, or, pursuant to the provisions of sections fifteen hundred twenty-two and fifteen hundred twenty-three of this chapter, it shall be the duty of the meeting at which such union free school district is established to elect by ballot not less than three nor more than nine trustees, who shall, by the order of such meeting, be divided into a sufficient number of classes so that as nearly as possible an equal number of members shall be elected to the board each year, based upon a normal term of three, four or five years, as such meeting may determine. Thereafter there shall be elected in such districts, at the annual meeting, trustees to take the places of those whose terms of office expire. Such successors shall be elected to serve for a full term of three, four or five years, as the case may be.

2. The trustees thus elected, shall enter at once upon their offices, and the office of any existing trustees in such districts, before the establishment of a union free school district therein, shall cease, except for the purposes stated in section fifteen hundred eighteen of this chapter. The said trustees and their successors in office shall constitute the board of education of the union free school district thus established.

McKinney's Education Law § 1703

§ 1703. Change in number of members of board of education

1. The number of members of the board of education of a union free school district may be increased or decreased at an annual meeting by a majority vote of the qualified voters present and voting to be ascertained by taking and recording the ayes and noes or by ballot. The number of members of such board shall not be increased to more than nine nor decreased to less than three.

2. No vote shall be taken upon the proposition to increase or decrease the number of members of such board of education unless the notice of the annual meeting shall contain a statement to the effect that the voters of such district will vote upon such proposition. The board of education of any such district shall, upon the application of at least twenty-five voters or five percent of the number of voters who voted in the previous annual election of the members of the board of education, whichever is greater, such number to be determined by the number of persons recorded on the poll list as having voted at such election, include in the notice of the annual meeting a statement that the proposition to increase or decrease such board will be presented to the annual meeting for determination. If the board refuses or fails to give such notice, the notice may be given in such manner as the commissioner of education may direct.

3. The additional members first elected shall be elected at a special meeting which shall be called by the board and be held not less than thirty nor more than sixty days following the annual meeting at which the number was increased, and pending the first election of such additional members no vacancy shall be deemed to exist in the offices thereof except for the purpose of filling the same by election, notwithstanding any inconsistent provision of any law.

McKinney's Education Law § 1706

§ 1706. Power of removal of member of board of education

For cause shown, and after giving notice of the charge and opportunity of defense, the commissioner of education may remove any member of a board of education. Wilful disobedience of any lawful requirement of the commissioner of education, or a want of due diligence in obeying such requirement or wilful violation or neglect of duty is cause for removal.

McKinney's Education Law § 1804

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED

EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE II--SCHOOL DISTRICT ORGANIZATION

ARTICLE 37--CENTRAL SCHOOL DISTRICTS

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

1. Each such central school district shall be managed by a board of education consisting of five, seven or nine members, which board shall have the same powers and duties as boards of education in union free school districts as prescribed by this chapter. Except as provided in this article, all the provisions of this chapter or of any other general law relating to or affecting union free school districts shall apply to central districts organized as herein provided. The corporate existence of any city school district the territory of which is enlarged by the formation of a central school district pursuant to this article shall continue and such central school district shall be and shall be designated as a city school district and shall be subject to the provisions of article fifty-one of this chapter and to those provisions of this article which are not inconsistent with the provisions of article fifty- one.

2. The first board of education shall be elected at the meeting at which the resolution organizing such central school district and establishing a central school is adopted or in case the alternative voting procedure authorized by section eighteen hundred three-a of this chapter has been adopted, at the meeting referred to in subdivision seven of such section. It shall be the duty of such meeting to elect five, seven or nine members of the board of education who shall by order of such meeting be divided into a sufficient number of classes so that as nearly as possible an equal number of members shall be elected to the board each year.

3. The number of members of the board of education of an organized and existing central school district may be increased to seven or nine members in the same manner as increases are made in union free school districts. The number of members of a board containing nine members may be decreased to seven or five members and the number of members of a board containing seven members may be decreased to five members in the same manner as decreases are made in union free school districts.

4. The annual meeting and election in each central school district shall be held on the third Tuesday of May provided, however that such annual meeting and 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. Such annual meeting shall be conducted and the election of members of the board shall be held in the same manner as in union free school districts organized and operating under the provisions of this chapter. The board of education of each central school district shall hold a budget hearing not less than seven nor more than fourteen days prior to the annual 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.

5. a. Nothing herein contained shall be construed to deprive any existing school district of the property belonging to such district, or to affect the indebtedness of said district. An existing district within the meaning of this article shall be construed to mean a district that lies within the boundaries of a central school district. Each such existing district shall be deemed to continue to exist in law for the purpose of paying all its just debts, including obligations lawfully issued prior to the organization of such central school district, together with all interest thereon as the same shall fall due. In levying the annual school tax upon the property of such central school districts, the board of education shall also assess and levy upon the taxable property of each such existing district which has an outstanding indebtedness, an additional sum sufficient to pay all of such indebtedness which shall fall due during the school year for which the tax is levied less any sum received by such central school district and apportioned and credited to the existing school district pursuant to the provisions of subdivision four of section eighteen hundred six of this article.

b. Notwithstanding the provisions of paragraph a of this subdivision, whenever a common school district or a union free school district shall, after July first, nineteen hundred sixty-four, become a part of a central school district either pursuant to the provisions of subdivision one of section eighteen hundred two of this article, or pursuant to the provisions of subdivision two thereof, or whenever a central school district, after such date, shall become a part of another central school district pursuant to either of such provisions, the central school district, of which any such district shall have become a part, shall succeed to all the property rights of such common, union free or central school district and all indebtedness of any such school district evidenced by bonds or notes or relating to school building construction shall become a charge upon such central school district of which such district shall have become a part, but all other indebtedness of any such district shall be paid by any such district in accordance with the provisions of section fifteen hundred eighteen of this chapter and to that extent any such district shall continue to exist in law for the purpose of providing for and paying all such indebtedness in accordance with the provisions of such section.

6. a. The board of education shall not sell or otherwise dispose of the property of any such existing district except with the approval of a majority of the qualified voters of such existing district present and voting upon the question at a meeting of such voters duly called by such board of education; provided, however, that upon the expiration of five years from the date of discontinuance of a school, pursuant to section one thousand eight hundred five of this chapter, the board of education may, in its discretion, without a vote by such qualified voters upon such question, sell or otherwise dispose, in the manner provided by law, of such a school or other building previously used for school purposes and the real property on which it is situated. For that purpose the proceeds of such sale or disposal of property belonging to such existing district, after deducting the cost of repairs or improvements made after the organization of the central school district, shall be used for the payment of the portion payable by such existing district of any outstanding indebtedness of such existing district which shall be due and payable or which may thereafter become due and payable. Any balance remaining after the payment of such indebtedness shall be apportioned among the taxpayers of such existing district as they appear upon the last completed town or city assessment roll preceding the date of sale, providing such apportioned sum shall equal or exceed five dollars and unless the voters of such existing district by a majority vote of those present and voting at a special district meeting called for that purpose shall vote to turn over the proceeds of such sale or disposal of such property to the central district to be used for the benefit of the central district. Any balance of funds remaining in the treasury of the several districts included within the central school district on July first next following the date of the establishment of such central school district, after paying all outstanding obligations then due and payable, shall be turned over to the treasurer of the central school district within thirty days thereafter and shall become available for use by the board of education of the central school district; provided, however, that if any such existing district shall have any obligations which shall become due and payable after such July first, so much of any such balance of funds as may be necessary shall be held in a special account by the treasurer of the central school district for the purpose of paying the principal of, and interest on, such obligations, as the same shall become due and payable from time to time. The title to all property erected or otherwise acquired after the organization of such central school district shall be vested in the central district, irrespective of the location of such property.

b. The provisions of paragraph a of this subdivision shall not be applicable to the property of any common or union free school district which, after July first, nineteen hundred sixty-four, shall become part of a central school district, nor to any central school district which, after such date, shall become part of another central school district.

c. Notwithstanding the provisions of paragraph a of this subdivision, the board of education of a central school district may, by resolution, after a period of at least seven years of centralization, sell any piece of real property which such board shall deem to be of no use or value therefor. The sale of such property shall be without the approval of the qualified voters of the school district, unless a petition requiring that the question as to the sale of such property be submitted to a vote by the qualified voters of such district. Such petition shall be subscribed and acknowledged by at least ten per centum of the qualified voters of such district, and filed with the clerk of the board of education within thirty days of the adoption of such resolution. Upon the affirmative vote of a majority of the qualified voters, voting thereon, such resolution shall become effective. The proceeds derived from such sale shall revert to the use and benefit of the entire district. Upon approval by the board of education, such funds may be (i) utilized to reduce existing bonded indebtedness; (ii) applied to construction, reconstruction or renovation within such district; or (iii) applied to the general fund of such district.

7. Deeds of property sold or disposed of under the provisions of the preceding subdivision shall be executed by the board of education of the central school district or a majority of the members thereof. Any deed duly executed and delivered by the board of education of the central school district in the course of a sale or disposal of real property of a constituent district pursuant to the provisions of the preceding subdivision shall be valid and effectual to pass all the estate or interest of such constituent district in the premises. All deeds or other conveyances of real property of any district heretofore made and delivered, executed by said board of education of said central school district by its officers, or in the manner in which deeds are executed by corporations, or executed in any other manner, shall be as valid and of the same force and effect as if executed by said board of education of said central school district or a majority of the members thereof; but this provision shall not affect any action or proceeding pending at the time of the taking effect hereof.

8. The board of education may, in its discretion, provide compensation to a speaker or speakers at commencement day exercises in such amount as may be determined by the board.

McKinney's Education Law § 1901

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED

EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE II--SCHOOL DISTRICT ORGANIZATION

ARTICLE 39--CENTRAL HIGH SCHOOL DISTRICTS

§ 1901. Central high school districts; number and election of members of board of education

Existing central high school districts are continued. Boards of education of such central high school districts heretofore established shall continue as constituted under the order of the commissioner of education. The number of their members shall be not less than five. There shall be at least one member of such a board from each common school district and at least two from each union free school district within the central high school district. The board of education of each union free school district in each such central high school district shall appoint the number of persons so designated by the commissioner to represent such district as members of the board of education of such central high school district. In each common school district having a sole trustee, such trustee shall represent such district as a member of the board of education of such central high school district. If a common school district have three trustees, such board of trustees shall designate one of its members to represent such district as a member of such board of education. The persons so designated shall be members of the board of education of the central high school district during their terms of office as members of the board of education or as trustees of the districts respectively represented by them. Whenever a vacancy shall occur in the office of a member of the board of education of such central high school district, it shall be filled as above provided.

McKinney's Education Law § 2101

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED

EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE II--SCHOOL DISTRICT ORGANIZATION

ARTICLE 43--SCHOOL DISTRICT OFFICERS--TOWN AND COUNTY OFFICIALS

PART I--SCHOOL DISTRICT OFFICERS

§ 2101. Officers of district

1. Each common school district shall have one or three trustees as the district determines, a collector except in first class towns and except as may be otherwise provided by law, and if the district so decides a treasurer.

2. Each union free school district shall have a board of education consisting of from three to nine trustees as the district shall determine.

McKinney's Education Law § 2102

§ 2102. Qualifications of officers

Every school district officer must be able to read and write and must be a qualified voter of the district; and each member of a board of education of a union free school district, common school district or a central school district shall have been a resident of the school district, or in the case of a person qualified by subdivision three of section twenty hundred twelve of this chapter to vote in a district election, a resident of the district or reservation, for at least one year prior to the election. Notwithstanding the provisions of any other general or special law to the contrary, a school district treasurer, collector or clerk need not be a resident of the school district to hold such office in such district.

McKinney's Education Law S 2103

§ 2103. Ineligibility to office

1. No district superintendent or supervisor is eligible to the office of trustee or member of a board of education, and no trustee or member of a board of education can hold the office of district clerk, collector, treasurer or librarian, except as otherwise provided by section twenty-one hundred thirty.

2. A person removed from a school district office shall be ineligible to appointment or election to any district office for a period of one year from the date of such removal.

3. Not more than one member of a family shall be a member of the same board of

education in any school district.

4. No employee of a board of education may be a member of such board; provided, however, that in a city with a population of one million or more nothing herein shall prohibit an employee of the board of education of a community school board from being a member of a community school board except that such employee may not be a member of any community school board that directly employs him.

McKinney's Education Law § 2103-a

§ 2103-a. Policemen and firemen on boards of education

Notwithstanding any general, special or local low, ordinance or charter provision to the contrary, or any rule or regulation, policemen and firemen employed by any municipal subdivision of the state or police district provided they are otherwise eligible, may be candidates for election and serve as members of boards of education in school districts located: (1) other than in the municipality where they perform their duties as policemen or firemen on a regular basis, or (2) unless prohibited by the legislative body for whom they are employed, in school districts located in the locality where they perform their duties as policemen or firemen.

McKinney's Education Law § 2105

§ 2105. Terms of office

1. In a common school district having a sole trustee the term of office of trustee shall be one year.

2. In a common school district having three trustees the full term of office of trustee shall be three years.

3. In a central school district or a union-free school district, the full term of office of trustee shall be three, four or five years. Any such school district may decrease the full term of a school trustee to three or four years or increase the full term of a school trustee to four or five years by adopting a proposition at any annual meeting or election to do so; provided, however, that the term of office of each incumbent trustee shall not be increased or decreased thereby; and provided, further, that whenever a proposition shall be adopted to increase the term of office from three or four years to five years, or to decrease the term of office from four or five years to three years, such proposition shall provide that one or more of the vacancies to be filled, during each of the three years next succeeding the adoption of such proposition, shall be for three or four years only in order that, as nearly as possible, an equal number of trustees shall be elected to the board each year.

4. Trustees may be elected for shorter periods as otherwise provided in this chapter.

5. The term of office of a trustee elected at the first meeting of a newly created common school district having a sole trustee shall expire on the first Tuesday of May next thereafter.

6. The term of office of all other district officers shall be one year.

7. One year, within the meaning of this section, is a school year.

8. When a new union free school district is formed, the meeting, after determining the number of members of the board of education to be elected, shall proceed to elect members of the board of education for various terms not in excess of five years so that as nearly as possible an equal number of vacancies shall occur on the board of education each year.

9. When the number of members of the board of education of a union free school district is increased, the additional members shall be elected for such terms not in excess of five years so that thereafter as nearly as possible an equal number of terms shall expire each year.

10. When the number of members of the board of education of a union free school district is decreased, no election shall be held until the number of members of the board of education shall be equal to or be less than the number of members to which the board of education is decreased. At elections thereafter, the members of the board of education shall be elected for such terms not in excess of five years so that as nearly as possible an equal number of members shall be elected to the board each year.

11. a. Notwithstanding any provision of this section to the contrary, in any union free school district whose boundaries are not coterminous with those of an incorporated village, except a central school district, which under the provisions of law in effect on May first, nineteen hundred fifty-seven, elected members to the board of education for a term of three years, the qualified voters of the district present and voting at the annual meeting of such district held during the year nineteen hundred fifty-eight, may adopt a resolution determining that members of the board of education of such district shall be elected for a term of three years. A certified copy of such resolution shall be filed with the commission of education on or before August first, nineteen hundred fifty-eight. The voters of any such district may rescind such resolution by a majority vote of the voters present and voting at a special or annual meeting of the district.

b. Notwithstanding any provision of this section to the contrary, in any central school district whose boundaries are not coterminous with those of an incorporated village, the qualified voters of the district present and voting at the annual meeting of such district held during the year nineteen hundred fifty-nine may adopt a resolution determining that members of the board of education of such district shall be elected for a term of three years. A certified copy of such resolution shall be filed with the commissioner of education on or before August first, nineteen hundred fifty-nine. The voters of any such district may rescind any such resolution by a majority vote of the voters present and voting at a special or annual meeting of the district.

c. Notwithstanding any provision of this section to the contrary, in any union free school district, the boundaries of which are coterminous with those of an incorporated village, which under the provisions of law in effect on April twenty-first, nineteen hundred fifty-nine, elected members of the board of education for terms of three years, the qualified voters of the district present and voting at the annual meeting of such district held during the year nineteen hundred sixty-one, may adopt a resolution determining that members of the board of education of such district shall be elected for a term of three years. A certified copy of such resolution shall be filed with the commissioner of education on or before August first, nineteen hundred sixty- one. The voters of any such district may rescind such resolution by a majority vote of the voters present and voting at a special or annual meeting of the district.

12. The term of office of trustees of union free school district number one of the town of Tonawanda, Erie county, shall be three years.

13. Until the terms of all members of the board of education of a union free school district, have become five years, or three years when a resolution pursuant to subdivision three or subdivision eleven of this section has been adopted, members of such board of education shall be elected in such numbers and for such terms not in excess of five years, or three years when a resolution pursuant to subdivision three or subdivision eleven of this section has been adopted, so that as soon as practicable an equal number of members of such board of education will be elected each year.

14. Notwithstanding any other provision of this chapter to the contrary, where a term of office expires at the end of a school year and such position is or becomes vacant at the time of the annual meeting or election, the person elected to fill the full term vacancy shall also be deemed elected to fill the remainder of the term preceding the commencement of the full term.

McKinney's Education Law § 2106

§ 2106. Terms of officers of newly created district

The terms of all officers other than trustees elected at the first meeting of a newly created district shall expire on the first Tuesday of May, next thereafter.

McKinney's Education Law § 2109

§ 2109. Refusal of trustee to serve

A trustee of a common school or union free school district who publicly declares that he will not accept or serve in the office of trustee, or refuses or neglects to attend three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees vacates his office by refusal to serve.

McKinney's Education Law S 2110

§ 2110. Penalty for refusal to serve or perform duty

1. Every person elected or appointed to a school district office and being duly qualified to fill the same who shall refuse to serve therein shall forfeit the sum of five dollars.

2. Every person elected or appointed to a school district office and not refusing to accept the same who shall wilfully neglect or refuse to perform any duty thereof shall by such neglect or refusal vacate his office and also forfeit the sum of ten dollars.

3. The district superintendent of the supervisory district wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the district clerk shall be a bar to the recovery of either penalty under this section.

4. These penalties shall be for the benefit of the district for which such officer was appointed or elected.

McKinney's Education Law § 2112

§ 2112. Vacating office

1. A school district office becomes vacant by death, resignation, refusal to serve, incapacity, or removal from the district or from office.

2. The collector or treasurer vacates his office by not executing a bond to the trustees, as herein required.

3. A trustee or a member of a board of education vacates his office by the acceptance of either the office of district superintendent or of supervisor.

McKinney's Education Law § 2113

§ 2113. Filling vacancy in office of trustee

1. A vacancy in the office of trustee in any school district may be filled by election within ninety days after it occurs. If not so filled, the district superintendent of the supervisory district, within which the schoolhouse or principal schoolhouse of the district is situated, may appoint a competent person to fill it.

2. If a vacancy in the office of trustee in a union free school district exists, the commissioner of education may order a special election for filling such vacancy. When such special election is ordered the vacancy shall not be filled otherwise.

3. If such vacancy is filled by a district meeting, it shall be for the balance of the unexpired term; but when such vacancy is filled by appointment by a district superintendent, it shall be only until the next annual meeting of the district.

4. A vacancy in the office of trustee in union free school district number one of the town of Tonawanda, Erie county, shall be filled by appointment by the remaining members of the board to serve until the next annual election at which the vacancy may be filled.

McKinney's Education Law § 2118

§ 2118. Expenses of school district officers

All school district officers, including trustees and members of boards of education, shall be entitled to be reimbursed for any expenses actually and necessarily incurred in the performance of their official duties. Mileage rates established for the use of personally owned cars in lieu of auditing and allowing claims for actual and necessary expenses of travel under the provisions of subdivision twenty-seven of section sixteen hundred four of this chapter, shall apply to claims under this section. This section shall not apply to district superintendents of schools.

McKinney's Education Law § 2119

§ 2119. School district trustee not to draw draft on county treasurer in certain cases

A school district trustee who issues an order or draws a draft on a county treasurer, district treasurer or collector or other disbursing officer of such district for any money, unless there is at the time sufficient money in the hands of such county treasurer, district treasurer or collector or other disbursing officer belonging to the district to meet such order or draft, is guilty of a misdemeanor.

McKinney's Education Law § 2552

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED

EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE II--SCHOOL DISTRICT ORGANIZATION

ARTICLE 52--CITY SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE

§ 2552. Board of education

The board of education of each such city school district is hereby continued. The educational affairs in each such city school district shall be under the general management and control of a board of education to consist of not less than three and not more than nine members, to be chosen as hereinafter provided, and to be known as members of the board of education, except that the board of education of the city school district of the city of New York shall be constituted as provided in article fifty-two-A of this chapter. The number of members on the board of education of each such city school district shall continue to be as follows:

a. City school district of the city of Buffalo: nine members.

b. City school district of the city of Rochester: seven members.

c. City school district of the city of Syracuse: seven members.

d. City school district of the city of Yonkers: nine members.

McKinney's Education Law § 2553

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

1. No person shall be eligible to the office of member of a board of education who is not a citizen of the United States, who is not qualified to register for or vote at an election in accordance with the provisions of > section 5-106 of the election law, and who, in the case of the city school district of the city of Yonkers, has not been a resident of the city school district for which he is chosen for a period of at least three years immediately preceding the date of his election or appointment and who, in the case of the city school district of the city of Buffalo, in the case of a member to be elected at large is not a qualified voter of such city school district and who has not been a resident of such district for a period of at least three years immediately preceding the date of his election and in the case of a member elected from a city school subdistrict is not a qualified voter of such city school subdistrict and has not been a resident of the city school district for three years and a resident of the city school subdistrict which he represents or seeks to represent for a period of one year immediately preceding the date of his election, and who, in the case of the city school district of the city of Rochester, is not a qualified voter under > section 5-102 of the election law of such city school district; and who in the case of the city school district of the city of Syracuse has not been a qualified voter under > section 5-102 of the election law of such city school district for at least ninety days immediately preceding the date of his election or appointment.

2. In the city school districts of the cities of Rochester and Syracuse the members of such board of education shall be chosen by the voters at large at either a general or municipal election, or at both. In the city school district of the city of Buffalo the members of such board of education shall be chosen pursuant to the provisions of subdivision ten of this section.

3. In the city school district of the city of Yonkers members of the board of education shall be appointed from the city at large by the mayor and shall be for terms of five years each, to begin on the first Tuesday in May.

4. In the city school districts of the following cities, the terms of such members shall be as follows:

a. Rochester: Four Years;

b. Syracuse: Four Years;

c. Yonkers: Five Years.

5. The terms of one-fifth of all the members of a board of education, or of a fraction as close to one-fifth thereof as possible, shall expire annually on the first Tuesday in May, except in the city school districts of the cities of Buffalo, Rochester and Syracuse.

6. If a vacancy occurs other than by expiration of term in the office of a member of a board of education in a district in which such members are elected at a general or municipal election, such vacancy shall be filled by appointment by the mayor until the next general or municipal election is held, and such vacancy shall then be filled at such election for the unexpired portion of such term, except that in the city school district of the city of Rochester any such vacancy shall be filled pursuant to the provisions of subdivision nine of this section and except further that any such vacancy on the board of education of the city school district of the city of Buffalo shall be filled pursuant to the provisions of subdivision ten of this section.

7. If such vacancy occurs in such office in a district in which the members of the board of education are appointed by the mayor, such vacancy shall be filled by appointment by the mayor of such city for the unexpired portion of such term, but in Buffalo such appointment shall be subject to confirmation by the council.

8. A member of a board of education who publicly declares that he will not accept or serve in the office of member of such board of education, or refuses or neglects to attend three successive meetings of such board, of which he is duly notified, without rendering a good and valid excuse therefor to the other members of such board of education, vacates his office by refusal to serve.

9. (a) The members of the board of education of the city school district of the city of Rochester shall be elected by the qualified voters of such city as provided herein.

(b) The members of the board of education shall be elected at large throughout the city by the qualified voters at a general election.

(c) Such elections for such officers shall be governed by the provisions of the election law in the same manner as candidates for office generally to be elected by the voters of the city of Rochester; provided, however, that each such candidate shall be required to file petitions containing at least one thousand signatures.

(d) No person shall be eligible for the office of members of such board of education who is not a qualified voter under > section 5-102 of the election law of such city school district. No person shall hold at the same time the office of member of the board of education and any other elective office nor shall he be a candidate for any other elective office at the same time he is a candidate for the office of member of such board of education.

(e) The term of office of each member of such board shall be four years, commencing on the first day of January following his election. The candidates receiving a plurality of the votes cast respectively for the several offices shall be declared elected. Where more than one office is to be filled by such election and there is a variance in the length of the terms, the candidate receiving the largest number of votes shall be entitled to the longest term and the candidates receiving the next highest number of votes shall be entitled, in decreasing order of the respective number of votes to the several offices, in decreasing order of the length of such terms or unexpired portions of terms. Whenever a vacancy shall occur or exist in the office of member of the board of education except by reason of expiration of term, such vacancy shall be filled by the president of the board of education by appointment of a nominee of the members of the board of education of the same political affiliation as the person who vacated the office and such nominee shall be elected by the majority vote of the board of education; if the board shall not have filled the vacancy within thirty days from the date the vacancy occurred, then the president of the board shall fill the vacancy from the same political party as that of the person who vacated the office. However, if the vacancy shall occur in the office of member of the board of education filled by an incumbent elected on a non-partisan or an independent basis, such vacancy shall be filled, after nomination by the president of the board of education, by majority vote of the remaining members of the board of education. A person appointed to fill a vacancy shall hold office to and including the thirty-first day of December next succeeding the first general election following such vacancy, at which a successor must be elected for the remainder of the unexpired term, if any.

(f) The members so elected to the board of education shall convene on the first business day in January of each year at the time of the commencement of their term of office and select from their members a president who shall serve for a term of one year or such other term, not exceeding the term of his office, as may be fixed by the rules and regulations of the board.

(g) The election of members of the board of education of the school district of Rochester shall take place at a general election to be held in such city when an incumbent's term expires, and the first election hereinunder shall take place in November of nineteen hundred eighty-one. Such election shall be conducted by the board of elections of the county of Monroe in the same manner as general elections are conducted by it. The results of such elections, after canvassing, shall be certified and reported by the board of elections to the board of education of such city. The clerk or other appropriate officer of the board of education shall within twenty-four hours after the receipt of such certification by the board of elections serve a written notice either personally or by mail upon each person declared to be elected as a member of the board of education informing him of his election and the length of his term.

(h) Notwithstanding the provisions of any other law, the present members of said board of education shall serve the full terms for which they were elected. Vacancies which may occur in the board shall be filled as provided herein, except, that the vacancies created by the expansion of the board of education from five to seven members, as provided herein, shall be filled at the next general election.

10. a. The members of the board of education of the city school district of the city of Buffalo shall be elected by the qualified voters of such city as provided herein.

b. The common council of the city of Buffalo shall within three months of the

operative date of this paragraph of this section of this act define and publish by local law boundaries of each of six city school subdistricts which said subdistricts shall be contiguous and each of which shall contain as nearly as possible the same number of inhabitants. The boundaries of the said city school subdistricts may thereafter be redefined by the board of education of the city school district of the city of Buffalo by resolution, after a public hearing thereon, at intervals of not less than five years and such resolution must be passed at least eight months prior to the next election for school board member or members.

c. The members of the board of education of the city school district of the city of Buffalo shall be elected as follows: one member from each of such six city school subdistricts within such city by the qualified voters therein and three members of such board of education shall be chosen by the qualified voters at large within such city.

d. (1) Such election for such office shall be governed by the provisions of the election law in the same manner as candidates for office generally to be elected by the voters of the city of Buffalo except, as the case may be, as to the date of the election; and, further provided, however, that each such candidate for election as a member of the board of education from a city school subdistrict shall be required to file a petition containing signatures of at least five hundred registered voters of such city school subdistrict in which he is a candidate and each candidate for election to the board of education by the voters at large shall be required to file a petition containing the signatures of at least one thousand registered voters of the city of Buffalo.

(2) No petition shall contain any political party or independent body name or label. Each petition shall contain the name of only one candidate and such petition shall be filed with the clerk of the board of elections of the county of Erie not earlier than the fifth Tuesday and not later than the fourth Tuesday preceding the date on which an election shall be held. A certificate of acceptance or declination of any individual so nominated shall be filed not later than the third day after the fourth Tuesday preceding the election.

(3) For the election held in May, nineteen hundred seventy-four, such petition shall be deemed to be timely filed for such election if filed with the clerk of the board of elections of Erie county on or before April ninth, nineteen hundred seventy-four. A petition sent by mail in an envelope postmarked prior to midnight on April ninth, nineteen hundred seventy-four, shall be deemed to be timely filed when received. Written objection to such petition shall be filed within two days after the date this act shall have become a law and specifications of the grounds of the objections shall be filed with the board within one day after the filing of the objection and institution of court proceedings relating thereto shall be commenced not later than May second, nineteen hundred seventy-four.

e. No person shall hold at the same time the office of member of the board of education of the city of Buffalo and any other elective office nor shall he be a candidate for any other elective office at the same time he is a candidate for the office of member of such board of education.

f. Petitions for the nomination of members of such school board shall be on white paper containing the required signatures of qualified voters of the city of Buffalo. The sheets of such petition shall be numbered consecutively, beginning with number one, at the foot of each sheet. Such a petition must set forth in every instance the correct date of signing, the full name of the signer, his present residence, the residence from which he was registered at the time of the last preceding general election, if he was registered at that time, the city school subdistrict of such residence at such time and the election district thereof at such time. A signer need not himself fill in the date, residence or residences, city school subdistrict or election district. The election district of the signer to be filed in the petition shall be the election district in effect at the time of the last preceding general election. If the residence from which the signer was registered at the time of the last preceding general election is the same as his present residence, the word "same" may be written, instead of repeating the place of residence. If the signer was not registered at the time of the last general election, he shall write "not registered at that time."

g. Each sheet of such a petition shall be signed in ink and shall be substantially in the following form:

I, the undersigned, do hereby state that I am a duly qualified voter of the city of Buffalo, that my present place of residence and my place of residence at the time of the last preceding general election if I was registered at such time are truly stated opposite my signature hereto, I intend to support at the ensuing election and I do hereby nominate the following named person as a candidate for nomination (for the public office of member of the board of education of the city of Buffalo at large .......... day of .........., 19...,) (for the city school subdistrict .......... day of .........., 19....)

In witness whereof, I have hereunto set my hand the day and year placed opposite my signature.

Date Name of Signer Present Residence

.................... ......................... .........................

At the Time of the Last Preceding General Election.

Residence City School Subdistrict Election District

.................... ......................... .........................

The petition shall be authenticated by witnesses. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false shall subject the witness to the same penalties as if he had been duly sworn. The form of such statement shall be substantially as follows:

Statement of Witness

I, ................, (name of witness), state: I am a duly qualified voter of the state of New York, and now reside in the city, town or village of .................., in such state, at .............. (fill in street and house number and post office) therein. I know each of the voters whose names

are subscribed to this petition sheet containing (fill in number) .............. signatures and each of them subscribed the same in my presence and upon so subscribing declared to me that the foregoing statement, made and subscribed by him, was true.

..............................

Signature of witness

Date..............

h. The board of elections shall refuse to accept such petitions signed by an insufficient number of qualified voters, or petitions which are not timely or petitions bearing a political party or independent body, name or emblem or which contain the name of more than one candidate.

i. Except as it may be modified by the provisions of paragraph (d) and paragraph (n) of this subdivision, the provisions of the election law with respect to acceptances by candidates nominated by independent nominating petitions shall apply to candidates nominated by petitions for members of such board of education.

j. Objections to petitions for the nomination of members of such board of education, procedures and remedies applicable to such objections shall be the

same as those applicable to independent nominating petitions under the election law, except as it may be modified by the provisions of paragraph (d) and paragraph (n) of this subdivision.

k. The board of elections shall cause to be printed official ballots containing the names of all candidates as above provided, except that the board may refuse to have the names of ineligible candidates placed on such ballots. The names of the candidates shall be arranged according to lot, and shall not bear the designation of any political party or independent body, name or emblem. Blank spaces shall be provided so that voters may vote for candidates who have not been nominated for the offices to be filled at such elections. The form of such ballots shall conform substantially to the form of ballots used at general elections as prescribed in the election law.

l. Voting for the election of members of such board of education shall be by voting machine and shall be governed by the applicable provisions of the election law with respect to voting machines.

m. If a candidate, after a petition in his behalf shall have been duly filed with the clerk of the board of elections, and prior to the date of the election, shall decline to accept the nomination, die, remove from the school district, accept or be a candidate for another elective office, or become otherwise disqualified for such city school district office, a further petition may be filed with such clerk, nominating another candidate in his place and stead. Such further petition shall in all respects comply with the provisions of paragraphs d, f and h of this subdivision, except that it may be filed at any time up to and including the fifteenth day preceding the date of the election pursuant to the provisions of this subdivision and the time within which to accept or object to such further petition shall be computed from the date of filing or said fifteenth day, whichever is earlier.

n. The term of office of each member of such board from a city school subdistrict shall be three years, and the term of office of each such member of the board elected at large shall be for five years. Of the candidates to be elected for membership on the board of education of the city school district of the city of Buffalo by the voters at large the three candidates receiving the largest number of votes cast in the city, shall be declared elected as at-large members of such board of education. In each city school subdistrict the candidates seeking the election as the member of such board of education for such city school subdistrict receiving a plurality of votes in such city school subdistrict shall be declared elected to that position.

Whenever a vacancy shall occur or exist in the office of member of the board of education except by reason of expiration of term or increase in the number of members of such board, such vacancy shall be filled by a majority vote of the remaining members of the board of education within thirty days of the date when such vacancy shall have occurred. If the remaining members of the board of education shall fail to fill such vacancy within such thirty day period, then the mayor of the city of Buffalo shall within thirty days thereafter fill such vacancy subject to the confirmation of such appointment by the common council of the city of Buffalo. No one shall be appointed to fill a vacancy of a subdistrict member of the board of education unless he fulfills all of the qualifications in this subdivision to enable him to be a candidate for the office of a member of the board of education from the subdistrict involved.

o. The members so elected to the board of education shall convene on the first business day in July of each year, at the time of the commencement of their term of office and select from their members a president who shall serve for a term of one year or such other term, not exceeding the term of his office, as may be fixed by the rules and regulations of the board.

p. The election of members of the board of education of the school district of the city of Buffalo shall take place on May seventh, nineteen hundred seventy- four and on the first Tuesday in May thereafter in each year in which an incumbent's term expires. Such election shall be conducted by the board of elections of the county of Erie in the same manner as other elections are conducted by it. Polls shall be open for voting for the hours prescribed by > section 8-100 of the election law for primary elections. The results of such elections, after canvassing, shall be certified and reported by the board of elections to the board of education of such city. The clerk or other appropriate officer of the board of education shall within twenty-four hours after receipt of such certification by the board of elections serve a written notice either personally or by mail upon each person declared to be elected as a member of the board of education informing him of his election and the length of his term.

McKinney's Education Law § 2559

§ 2559. Power of removal of member of board of education

McKinney's Education Law § 2564

§ 2564. Local school board districts

1. The board of education of the city school district of the city of New York, by resolution duly adopted, shall divide the city school district into such number of local school board districts as such board in its discretion may determine. The board of education may from time to time alter the boundaries of such districts, consolidate two or more districts or parts thereof, or divide any such district or districts as it shall consider necessary. For the purposes of this section, a school decentralization demonstration project in existence on April first, nineteen hundred sixty-eight shall be deemed to be a local school board district.

2. Such board of education, upon the establishment of such local school board districts, shall have the power to appoint, or provide for the election of, and remove at its pleasure, a local school board for each such local school board district, which shall consist of such number of members as the board shall determine from time to time.

3. The board of education, with the approval of the regents, shall have the power to delegate to such local school boards any or all of its functions, powers, obligations and duties in connection with the operation of the schools and programs under its jurisdiction, and may modify or rescind any function, power, obligation and duty so delegated.

4. In accordance with rules and regulations to be promulgated by the board of education, each such local school board shall have the power to employ a local superintendent of schools upon such terms and conditions as such local school board shall determine. Such employment shall be by contract at an annual rate of compensation not in excess of thirty thousand dollars.

McKinney's Education Law § 309-a

MCKINNEY'S CONSOLIDATED LAWS OF NEW YORK ANNOTATED

EDUCATION LAW

CHAPTER 16 OF THE CONSOLIDATED LAWS

TITLE I--GENERAL PROVISIONS

ARTICLE 7--COMMISSIONER OF EDUCATION

§ 309-a. Twenty-first century schools program

1. Twenty-first century schools plans. The commissioner is authorized to designate as "twenty-first century schools," schools which are implementing approved plans to achieve substantial improvement in student achievement. Applications for designation as a twenty-first century school may be submitted on behalf of an individual school, a subset of schools within a school district or all schools within a school district. Each application for designation as a twenty-first century school shall be made in a form prescribed by the commissioner and shall set forth a five-year plan to enable all students to achieve levels of educational achievement that are competitive with high international standards through implementation of innovative instructional strategies and restructuring of school management and programs. Such application shall be submitted by April first next preceding the school year in which operation as a twenty-first century school would commence. The twenty- first century school plan shall be developed through consultation with teachers, administrators, parents and other interested parties and shall be approved by the board of education at a public meeting. Such consultation shall be conducted in accordance with plans for school-based planning and shared decision making adopted in accordance with regulations of the commissioner. A school designated as a twenty-first century school may revise its plan, subject to approval by the commissioner and subject to all requirements governing initial development and approval of a plan. A twenty- first century school plan shall contain such information as the commissioner may require, including but not limited to:

a. identification of the school or schools included within the plan;

b. high, internationally competitive academic content and student achievement standards and mechanisms for assessing student achievement that are fair, reliable and valid, that have been selected or developed in conjunction with teachers, principals, parents and representatives of employers, organized labor, higher education institutions and community organizations and are consistent with standards and assessment practices developed by the department, by national organizations of subject-matter experts or by others;

c. specific actions to be undertaken to assure that all students, regardless of economic background, race, gender, ethnicity, disability or limited English proficiency, will have a fair opportunity to achieve the knowledge and skills described in the student achievement standards pursuant to paragraph b of this subdivision;

d. specific improvements in student achievement that the plan is expected to produce including, but not limited to, improvements in student achievement as reflected in grades, test scores, portfolio assessments and student demonstrations of skills or competencies and improvements in attendance and completion rates;

e. certifications by the superintendent of schools and the principal of each school included in the plan that the school will comply with all requirements of this chapter, rules of the board or regulations of the commissioner listed by the commissioner pursuant to subdivision three of this section;

f. a description of the staff development, training and support for teachers and other personnel that will be necessary to implement the plan;

g. any changes in school governance or management, work rules or assignment restrictions, pursuant to collective negotiations where applicable, needed in

order to effectively focus and assist schools in preparing students to meet the achievement standards described in paragraph b of this subdivision;

h. any actions to be undertaken to assist families of students in addressing pressing needs that affect student achievement, including, but not limited to, forming partnerships with public and private agencies to increase the access of students and families to quality coordinated services;

i. any actions to be undertaken to facilitate the transition from school to work or to postsecondary education for all students including, for example, integration of workplace readiness skills and career information into curricula, provision of school-structured work experiences, cooperation with local employers and articulation of school and college programs; and

j. a plan for evaluation of the effectiveness of the program.

2. Criteria for approval. The commissioner may designate a total of up to two hundred fifty twenty-first century schools by the nineteen hundred ninety-nine- two thousand school year. The commissioner shall promulgate criteria for the designation of twenty-first century schools which shall include, but not be limited to:

a. certifications by the commissioner that: (i) the student achievement standards described pursuant to paragraph b of subdivision one of this section represent high, internationally competitive standards for student knowledge and

skills, (ii) that the mechanisms for assessing student achievement pursuant to such paragraph b are fair, reliable and valid; and (iii) the plan is designed to provide all students with educational services of a quality at least as high as those offered under existing practices, without regard to economic background, race, gender, ethnicity, disability or limited English proficiency;

b. the potential of the school plan for use as a model to be replicated by other similarly situated schools and the probability of success in substantially improving levels of achievement for all students, without regard to economic background, race, gender, ethnicity, disability or limited English proficiency;

c. evidence and strength of support for the proposal among teachers, parents and staff;

d. use of nationally recognized school restructuring and improvement models and reliance upon research-based strategies for improving student achievement; and

e. changes in local policies to provide the school or schools with additional enhanced flexibility.

The commissioner shall designate twenty-first century schools after consultation with the twenty-first century schools committee established pursuant to subdivision six of this section. The commissioner shall, to the extent practicable, provide for designation of schools located in a mixture of urban, rural and suburban settings. The commissioner shall take specific actions to encourage applications from schools located in economically and socially distressed communities.

3. Exemption from regulation. A school designated as a twenty-first century school shall:

a. be exempt from complying with rules of the board and regulations of the commissioner to the extent necessary to implement an approved twenty-first century school plan and except as provided in paragraphs b and c of this subdivision;

b. be authorized, as part of a twenty-first century school plan or revision thereto, to request approval by the commissioner to be exempted from specific requirements of this chapter except as provided in paragraph c of this subdivision and provided that the school shall continue to meet the underlying purposes of the statute to the satisfaction of the commissioner and that the exemption shall be granted only to the extent necessary to implement an approved twenty-first century school plan in the affected school or schools and provided further, that within thirty days of granting an exemption pursuant to this paragraph, the commissioner shall provide written notice of such action to the governor, the temporary president of the senate and the speaker of the assembly; and

c. not be exempt from complying with requirements of this chapter, rules of the board or regulations of the commissioner that (i) protect the health, safety and civil rights of students and staff, (ii) implement the requirements of federal law or regulation, (iii) provide for teacher, staff and parent participation and involvement, maintenance of effort or equitable participation of students and staff in nonpublic schools, (iv) require the use of certified teachers, or (v) pertain to attendance of pupils; further, nothing herein shall be construed to exempt a twenty-first century school or its governing district from complying with the provisions of titles two and four of this chapter, with the requirement to offer students the opportunity to meet all the requirements for and receive a regents high school diploma or with requirements to reporting data necessary for the computation of state aid.

On or by October first, nineteen hundred ninety-four, the commissioner shall promulgate and provide to the governor, the temporary president of the senate and the speaker of the assembly a preliminary list of all requirements from which twenty-first century schools shall be required to request specific exemption as provided in paragraph b of this subdivision and with which twenty- first century schools shall be required to comply as provided in paragraph c of this subdivision. The commissioner shall promulgate a final list of all such requirements on November first, nineteen hundred ninety-four. The commissioner shall revise such list as needed and, in each case, shall provide a preliminary revised list to the governor, the temporary president of the senate and the speaker of the assembly at least thirty days prior to promulgating a final revised list.

4. School evaluations and reports. Each school designated as a twenty-first century school shall annually review its effectiveness in improving student performance and enabling all students to achieve to high internationally competitive standards and shall report the results of this review to the commissioner by September first next succeeding each year of operation as a twenty-first century school. Prior to the start of a school's third year of operation as a twenty-first century school, the school and the commissioner shall jointly review the school's performance to identify areas in need of improvement and to develop revisions to the school's twenty-first century school plan to remedy the identified shortcomings. If, as a result of such review, the commissioner determines that the school is unlikely to produce improvement in student achievement, he or she shall commence action to revoke the school's designation as a twenty-first century school in accordance with the provisions of subdivision five of this section. The trustees or board of education of each district operating a twenty-first century school shall arrange for an independent evaluation of such school's effectiveness in substantially improving student achievement. Such independent evaluation shall be completed and transmitted to the commissioner within ninety days after completion of the fourth year of the school's operation as a twenty-first century school. Such independent evaluation shall be conducted by an agency selected by the trustees or board of education of the district and approved by the commissioner.

5. Duties of the commissioner and department. The commissioner shall promulgate guidelines to implement the provisions of this section, shall annually review the performance of all schools designated as twenty-first century schools, shall provide technical assistance and support, as appropriate, to all such schools, and shall submit to the regents, the legislature and the governor, no later than February first, an annual report describing the effectiveness of the twenty-first century schools program, recommending changes in the program and recommending changes in laws and regulations affecting all schools based upon the experiences of twenty-first century schools. The first such report shall be submitted no later than June first, nineteen hundred ninety-five and shall detail the steps undertaken to implement the provisions of this section. Each such annual report shall list and summarize all exemptions requested, granted and denied pursuant to paragraph b of subdivision three of this section. The commissioner may, acting either upon complaint or upon his or her own initiative, revoke a school's designation as a twenty-first century school for good cause shown and after affording the school an opportunity to present arguments against revocation.

6. Twenty-first century schools committee. There is hereby established the twenty-first century schools committee. The committee shall advise and assist the commissioner in developing guidelines to implement the provisions of this section, selecting schools for designation as twenty-first century schools, reviewing the performance of such schools, evaluating the overall effectiveness of the twenty-first century schools program and recommending changes to the program and to laws, rules and regulations affecting all schools based upon the experiences of twenty-first century schools. The committee shall consist of thirteen members, appointed by the governor, of whom three shall be appointed on the recommendation of the commissioner, two on the recommendation of the temporary president of the senate, two on the recommendation of the speaker of the assembly, one on the recommendation of the minority leader of the senate and one on the recommendation of the minority leader of the assembly. The commissioner shall designate the chair. The appointing authorities shall attempt to assure that the membership of the committee includes representatives of parents, teachers, school board members and school administrators as well as representatives of their own institutions.