STATE OF NEW YORK ________________________________________________________________________ 1223 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing school election wards in Rockland county union free and central school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1702 of the education law is amended by adding a 2 new subdivision 4 to read as follows: 3 4. a. Notwithstanding any other provision of law to the contrary, a 4 board of education of a union free school district contained entirely or 5 partially within Rockland county may, by resolution and subject to a 6 mandatory referendum, establish school election wards for purposes of 7 electing individual trustees. There shall be at least three, but no more 8 than nine, school election wards within a school district. One trustee 9 shall be chosen from each ward by the qualified voters therein. Within 10 such resolution, a board of education may require that a trustee elected 11 to represent a ward shall be a resident of such ward. Such resolution 12 shall also provide for the signature requirements for nominating 13 petitions consistent with the applicable provisions of this chapter. 14 b. This subdivision shall not be available to any school district that 15 is subject to a court order related to the creation of school election 16 wards. Nothing in this subdivision shall be construed to limit, modify, 17 alter, or otherwise interfere with any court order relating to the 18 creation of school election wards. 19 c. (i) A resolution by the board of education, which shall be passed 20 no less than one hundred eighty days prior to a related referendum being 21 placed before the qualified voters of the school district during the 22 annual meeting and election, shall include an assessment and finding, 23 which shall take into account any historic disenfranchisement or 24 discrimination against any group of individuals within the school EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00945-01-3
A. 1223 2 1 district based upon race, gender, ethnicity, religion, socio-economic 2 status, or sexual orientation, including that no disenfranchisement or 3 discrimination would result from the adoption of the proposed resol- 4 ution. The board of education shall conduct no fewer than three public 5 hearings on such resolution. 6 (ii) Such public hearings shall be conducted not less than thirty nor 7 more than ninety days prior to a vote on the resolution by a majority of 8 the qualified voters of the district. The district clerk shall give 9 notice of the public hearing by publishing a notice five times within 10 fifteen days preceding the hearing, on the district's website and in two 11 newspapers if there shall be two, or in one newspaper if there shall be 12 but one, having general circulation within such district. But if no 13 newspaper shall then have general circulation therein, said notice shall 14 be posted in at least twenty of the most public places in said district 15 fifteen days before the time of the first hearing. 16 (iii) Following such public hearings, a proposition for approval of 17 such resolution and the boundaries of proposed school election wards by 18 a majority of the qualified voters of such district shall be submitted 19 at the next succeeding annual meeting and election. The district clerk 20 shall give notice of such proposition by publishing notice prior to the 21 election, in the same manner and publication as the public hearings, set 22 forth in this section, specifying the time when and place or places 23 where such election will be held, the hours during which the polls will 24 remain open for the purpose of receiving ballots, and setting forth in 25 full the language of the proposition to be approved at such election. In 26 any event, there shall be at least one polling location for every 27 fifteen thousand eligible voters in the district and the hours of the 28 election shall commence no later than six o'clock in the morning and 29 shall end no earlier than nine o'clock in the evening. 30 (iv) At least fifteen days prior to conducting public hearings, the 31 board of education shall define and publish, by resolution, boundaries 32 of each of the proposed school election wards. Should such map be 33 altered as a result of the public hearings, the amended map shall be 34 published pursuant to this paragraph no later than fifteen days before 35 the election. Such wards shall be contiguous and each ward shall contain 36 as nearly as possible the same number of inhabitants. Each ward shall 37 also conform as closely as possible with the attendance zone of the 38 school district, conform as closely as possible with geographic and 39 other physical boundaries, and retain contiguous communities of inter- 40 est. 41 (v) A map of each ward and the boundaries thereof shall be created 42 with the original filed with the district clerk within ten days of the 43 resolution and copies thereof filed in the board of elections of the 44 county. Upon each issuance of a federal decennial census, the board of 45 education shall either: (A) make a written finding that, upon examina- 46 tion of the decennial census, the current school election wards contain 47 nearly as possible the same number of inhabitants and that no discrimi- 48 nation or disenfranchisement would result if the wards remained as 49 established; or (B) the school election wards shall be redefined by 50 resolution of the board of education, after a public hearing thereon, 51 and approval by the qualified voters of the school district. If the 52 qualified voters of the school district shall not approve of the resol- 53 ution, the board of education shall submit a second resolution for 54 approval by the qualified voters of the school district, after a public 55 hearing thereon, within ninety days. If the qualified voters of the 56 school district shall not approve of such resolution for a second time,
A. 1223 3 1 the board of education shall continue the membership and terms of the 2 current board until the next annual meeting and election at which time 3 the terms of all current trustees shall terminate. At the next annual 4 meeting and election, trustees shall be elected by a vote of the quali- 5 fied voters of the school district pursuant to article forty-three of 6 this title. 7 (vi) After a school election ward system shall have been established, 8 the term of every existing trustee shall terminate on the thirtieth day 9 of June next succeeding the first annual meeting and election following 10 voter approval of the referendum, at which time the terms for each 11 elected school ward trustee shall commence. 12 d. The term of office of each trustee from a school election ward 13 shall be three, four, or five years, to be determined at the discretion 14 of the board of education by resolution prior to the referendum; 15 provided however that the resolution shall also designate that in the 16 first annual meeting and election after the adoption of a school 17 election ward system, the initial terms shall be divided into terms of 18 three, four, or five years so that as nearly as possible an equal number 19 of trustees shall be elected each year. In each election cycle thereaft- 20 er, the terms of office shall be uniform. In each school election ward, 21 the candidate receiving a plurality of votes in each school election 22 ward shall be declared elected to that position. 23 e. Whenever a vacancy shall occur or exist in the office of a ward 24 trustee of a board of education, such vacancy shall be filled pursuant 25 to this article and part one of article forty-three of this title. 26 f. Except as provided in this subdivision, all provisions of this 27 article, article forty-one, and article forty-three of this title or of 28 any other general law relating to or affecting the election of trustees 29 in a union free school district shall apply to school election wards 30 organized pursuant to this subdivision and to the election of trustees 31 by the qualified voters of a school district as established pursuant to 32 paragraph g and subparagraph (iv) of paragraph c of this subdivision. 33 g. A board of education of a union free school district which has 34 established school election wards pursuant to this subdivision may, by 35 resolution and subject to a mandatory referendum, abolish the school 36 election ward system and return to election of trustees by a vote of the 37 qualified voters of the school district. Adoption, assessment, public 38 hearing and notice, and voting requirements of such resolution and 39 referendum shall comply with the provisions of subparagraphs (i), (ii), 40 and (iii) of paragraph c of this subdivision. 41 h. For the purpose of this subdivision, "contiguous community of 42 interest" means a contiguous population which shares common social and 43 economic interests that should be included within a single district for 44 purposes of its effective and fair representation. 45 § 2. Section 1804 of the education law is amended by adding a new 46 subdivision 13 to read as follows: 47 13. a. Notwithstanding any other provision of law to the contrary, a 48 board of education of a central school district contained entirely or 49 partially within Rockland county may, by resolution and subject to a 50 mandatory referendum, establish school election wards for purposes of 51 electing individual school board members. There shall be five, seven or 52 nine school election wards within a school district. One member shall be 53 chosen from each ward by the qualified voters therein. Within such 54 resolution, a board of education may require that a member elected to 55 represent a ward shall be a resident of such ward. Such resolution shall
A. 1223 4 1 also provide for the signature requirements for nominating petitions 2 consistent with the applicable provisions of this chapter. 3 b. This subdivision shall not be available to any school district that 4 is subject to a court order related to the creation of school election 5 wards. Nothing in this subdivision shall be construed to limit, modify, 6 alter, or otherwise interfere with any court order relating to the 7 creation of school election wards. 8 c. (i) A resolution by the board of education, which shall be passed 9 no less than one hundred eighty days prior to a related referendum being 10 placed before the qualified voters of the school district during the 11 annual meeting and election, shall include an assessment and finding, 12 which shall take into account any historic disenfranchisement or 13 discrimination against any group of individuals within the school 14 district based upon race, gender, ethnicity, religion, socio-economic 15 status, or sexual orientation, including that no disenfranchisement or 16 discrimination would result from the adoption of the proposed resol- 17 ution. The board of education shall conduct no fewer than three public 18 hearings on such resolution. 19 (ii) Such public hearings shall be conducted not less than thirty nor 20 more than ninety days prior to a vote on the resolution by a majority of 21 the qualified voters of the district. The public hearings shall be held 22 at a school district building or other appropriate building, each within 23 a different proposed school election ward. If there is no school 24 district building or other appropriate building within three separate 25 proposed school election wards, a meeting shall be held at the school 26 building or other appropriate building closest in proximity to the 27 proposed school election ward or wards containing no school district 28 buildings or other appropriate buildings. The district clerk shall give 29 notice of the public hearing by publishing a notice five times within 30 fifteen days preceding the hearings, on the district's website and in 31 two newspapers if there shall be two, or in one newspaper if there shall 32 be but one, having general circulation within such district. But if no 33 newspaper shall then have general circulation therein, said notice shall 34 be posted in at least twenty of the most public places in said district 35 fifteen days before the time of the first hearing. 36 (iii) Following such public hearings, a proposition for approval of 37 such resolution and the boundaries of proposed school election wards by 38 a majority of the qualified voters of such district shall be submitted 39 at the next succeeding annual meeting and election. The district clerk 40 shall give notice of such proposition by publishing notice prior to the 41 election, in the same manner and publication as the public hearing, set 42 forth in this section, specifying the time when and place or places 43 where such election will be held, the hours during which the polls will 44 remain open for the purpose of receiving ballots, and setting forth in 45 full the language of the proposition to be approved at such election. In 46 any event, there shall be at least one polling location for every 47 fifteen thousand eligible voters in the district and the hours of the 48 election shall commence no later than six o'clock in the morning and 49 shall end no earlier than nine o'clock in the evening. 50 (iv) At least fifteen days prior to conducting public hearings, the 51 board of education shall define and publish, by resolution, boundaries 52 of each of the school election wards. Should such map be altered as a 53 result of the public hearings, the amended map shall be published pursu- 54 ant to this paragraph no later than fifteen days before the election. 55 Such wards shall be contiguous and each ward shall contain as nearly as 56 possible the same number of inhabitants. Each ward shall also conform as
A. 1223 5 1 closely as possible with the attendance zone of the school district, 2 conform as closely as possible with geographic and other physical bound- 3 aries, and retain contiguous communities of interest. 4 (v) A map of each ward and the boundaries thereof shall be created 5 with the original filed with the district clerk within ten days of the 6 resolution and copies thereof filed in the board of elections of the 7 county. Upon each issuance of a federal decennial census, the board of 8 education shall either: (A) make a written finding that, upon examina- 9 tion of the decennial census, the current school election wards contain 10 nearly as possible the same number of inhabitants and that no discrimi- 11 nation or disenfranchisement would result if the wards remained as 12 established; or (B) the school election wards shall be redefined by 13 resolution of the board of education, after a public hearing thereon, 14 and approval by the qualified voters of the school district. If the 15 qualified voters of the school district shall not approve of the resol- 16 ution, the board of education shall submit a second resolution for 17 approval by the qualified voters of the school district, after a public 18 hearing thereon, within ninety days. If the qualified voters of the 19 school district shall not approve of such resolution for a second time, 20 the board of education shall continue the membership and terms of the 21 current board until the next annual meeting and election at which time 22 the terms of all current members shall terminate. At the next annual 23 meeting and election, members shall be elected by a vote of the quali- 24 fied voters of the school district pursuant to article forty-three of 25 this title. 26 (vi) After a school election ward system shall have been established, 27 the term of every existing member shall terminate on the thirtieth day 28 of June next succeeding the first annual meeting and election following 29 voter approval of the referendum, at which time the terms for each 30 elected school ward member shall commence. 31 d. The term of office of each school board member from a school 32 election ward shall be three, four, or five years, to be determined at 33 the discretion of the board of education by resolution prior to the 34 referendum; provided however that the resolution shall also designate 35 that in the first annual meeting and election after the adoption of a 36 school election ward system, the initial terms shall be divided into 37 terms of three, four, or five years so that as nearly as possible an 38 equal number of trustees shall be elected each year. In each election 39 cycle thereafter, the terms of office shall be uniform. In each election 40 ward, the candidate receiving a plurality of votes in each election ward 41 shall be declared elected to that position. 42 e. Whenever a vacancy shall occur or exist in the office of a member 43 of a board of education, such vacancy shall be filled pursuant to this 44 article and part one of article forty-three of this title. 45 f. Except as provided in this subdivision, all provisions of this 46 article, article forty-one, and article forty-three of this title or of 47 any other general law relating to or affecting the election of school 48 board members in a central school district shall apply to school 49 election wards organized pursuant to this subdivision and to the 50 election of members by the qualified voters of a school district as 51 established pursuant to paragraph g and subparagraph (iv) of paragraph c 52 of this subdivision. 53 g. A board of education of a central school district which has estab- 54 lished school election wards pursuant to this subdivision may, by resol- 55 ution and subject to a mandatory referendum, abolish the school election 56 ward system and return to election of trustees by a vote of the quali-
A. 1223 6 1 fied voters of the school district. Adoption, assessment, public hearing 2 and notice, and voting requirements of such resolution and referendum 3 shall comply with the provisions of subparagraphs (i), (ii), and (iii) 4 of paragraph c of this subdivision. 5 h. For the purpose of this subdivision, "contiguous community of 6 interest" means a contiguous population which shares common social and 7 economic interests that should be included within a single district for 8 purposes of its effective and fair representation. 9 § 3. This act shall take effect immediately.