STATE OF NEW YORK ________________________________________________________________________ 435 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. SKOUFIS, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to the establishment of school election wards in union free school districts 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 may, by resolution 5 and subject to a mandatory referendum, establish school election wards 6 for purposes of electing individual trustees. There shall be at least 7 three, but no more than nine, school election wards within a school 8 district. One trustee shall be chosen from each ward by the qualified 9 voters therein. Within such resolution, a board of education may 10 require that a trustee elected to represent a ward shall be a resident 11 of such ward. Such resolution shall also provide for the signature 12 requirements for nominating petitions consistent with the applicable 13 provisions of this chapter. 14 b. (i) A resolution by the board of education, which shall be passed 15 no less than one hundred eighty days prior to a related referendum being 16 placed before the qualified voters of the school district during the 17 annual meeting and election, shall include an assessment and finding, 18 which shall take into account any historic disenfranchisement or 19 discrimination against any group of individuals within the school 20 district based upon race, gender, ethnicity, religion, socio-economic 21 status, or sexual orientation, including that no disenfranchisement or 22 discrimination would result from the adoption of the proposed resol- 23 ution. The board of education shall conduct no fewer than three public 24 hearings on such resolution. 25 (ii) Such public hearings shall be conducted not less than thirty nor 26 more than ninety days prior to a vote on the resolution by a majority of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02183-01-3
S. 435 2 1 the qualified voters of the district. The district clerk shall give 2 notice of the public hearing by publishing a notice five times within 3 fifteen days preceding the hearing, on the district's website and in two 4 newspapers if there shall be two, or in one newspaper if there shall be 5 but one, having general circulation within such district. But if no 6 newspaper shall then have general circulation therein, said notice shall 7 be posted in at least twenty of the most public places in said district 8 fifteen days before the time of the first hearing. 9 (iii) Following such public hearings, a proposition for approval of 10 such resolution and the boundaries of proposed school election wards by 11 a majority of the qualified voters of such district shall be submitted 12 at the next succeeding annual meeting and election. The district clerk 13 shall give notice of such proposition by publishing notice prior to the 14 election, in the same manner and publication as the public hearings, set 15 forth in this section, specifying the time when and place or places 16 where such election will be held, the hours during which the polls will 17 remain open for the purpose of receiving ballots, and setting forth in 18 full the language of the proposition to be approved at such election. 19 In any event, such election shall be held in at least one location with- 20 in each of the proposed school election wards and the hours of the 21 election shall commence no later than six o'clock in the morning and 22 shall end no earlier than nine o'clock in the evening. 23 (iv) At least fifteen days prior to conducting public hearings, the 24 board of education shall define and publish, by resolution, boundaries 25 of each of the proposed school election wards. Should such map be 26 altered as a result of the public hearings, the amended map shall be 27 published pursuant to this paragraph no later than fifteen days before 28 the election. Such wards shall be contiguous and each ward shall 29 contain as nearly as possible the same number of inhabitants. Each ward 30 shall also conform as closely as possible with the attendance zone of 31 the school district, conform as closely as possible with geographic and 32 other physical boundaries, and retain contiguous communities of inter- 33 est. 34 (v) A map of each ward and the boundaries thereof shall be created 35 with the original filed with the district clerk within ten days of the 36 resolution and copies thereof filed in the board of elections of the 37 county. Upon each issuance of a federal decennial census, the board of 38 education shall either: (1) make a written finding that, upon examina- 39 tion of the decennial census, the current school election wards contain 40 nearly as possible the same number of inhabitants and that no discrimi- 41 nation or disenfranchisement would result if the wards remained as 42 established; or (2) the school election wards shall be redefined by 43 resolution of the board of education, after a public hearing thereon, 44 and approval by the qualified voters of the school district. If the 45 qualified voters of the school district shall not approve of the resol- 46 ution, the board of education shall submit a second resolution for 47 approval by the qualified voters of the school district, after a public 48 hearing thereon, within ninety days. If the qualified voters of the 49 school district shall not approve of such resolution for a second time, 50 the board of education shall continue the membership and terms of the 51 current board until the next annual meeting and election at which time 52 the terms of all current trustees shall terminate. At the next annual 53 meeting and election, trustees shall be elected by a vote of the quali- 54 fied voters of the school district pursuant to article forty-three of 55 this chapter.
S. 435 3 1 (vi) After a school election ward system shall have been established, 2 the term of every existing trustee shall terminate on the thirtieth day 3 of June next succeeding the first annual meeting and election following 4 voter approval of the referendum, at which time the terms for each 5 elected school ward trustee shall commence. 6 c. The term of office of each trustee from a school election ward 7 shall be three, four, or five years, to be determined at the discretion 8 of the board of education by resolution prior to the referendum; 9 provided however that the resolution shall also designate that in the 10 first annual meeting and election after the adoption of a school 11 election ward system, the initial terms shall be divided into terms of 12 three, four, or five years so that as nearly as possible an equal number 13 of trustees shall be elected each year. In each election cycle thereaft- 14 er, the terms of office shall be uniform. In each school election ward, 15 the candidate receiving a plurality of votes in each school election 16 ward shall be declared elected to that position. 17 d. Whenever a vacancy shall occur or exist in the office of a ward 18 trustee of a board of education, such vacancy shall be filled pursuant 19 to this article and part one of article forty-three of this chapter. 20 e. Except as provided in this subdivision, all provisions of this 21 article, article forty-one, and article forty-three of this chapter or 22 of any other general law relating to or affecting the election of trus- 23 tees in a union free school district shall apply to school election 24 wards organized pursuant to this subdivision and to the election of 25 trustees by the qualified voters of a school district as established 26 pursuant to paragraph f and subparagraph (iv) of paragraph b of this 27 subdivision. 28 f. A board of education of a union free school district which has 29 established school election wards pursuant to this subdivision may, by 30 resolution and subject to a mandatory referendum, abolish the school 31 election ward system and return to election of trustees by a vote of the 32 qualified voters of the school district. Adoption, assessment, public 33 hearing and notice, and voting requirements of such resolution and 34 referendum shall comply with the provisions of subparagraphs (i), (ii), 35 and (iii) of paragraph b of this subdivision. 36 g. For the purpose of this subdivision, "contiguous community of 37 interest" means a contiguous population which shares common social and 38 economic interests that should be included within a single district for 39 purposes of its effective and fair representation. 40 § 2. Section 1804 of the education law is amended by adding a new 41 subdivision 13 to read as follows: 42 13. a. Notwithstanding any other provision of law to the contrary, a 43 board of education of a central school district may, by resolution and 44 subject to a mandatory referendum, establish school election wards for 45 purposes of electing individual school board members. There shall be 46 five, seven or nine school election wards within a school district. One 47 member shall be chosen from each ward by the qualified voters therein. 48 Within such resolution, a board of education may require that a member 49 elected to represent a ward shall be a resident of such ward. Such 50 resolution shall also provide for the signature requirements for nomi- 51 nating petitions consistent with the applicable provisions of this chap- 52 ter. 53 b. (i) A resolution by the board of education, which shall be passed 54 no less than one hundred eighty days prior to a related referendum being 55 placed before the qualified voters of the school district during the 56 annual meeting and election, shall include an assessment and finding,
S. 435 4 1 which shall take into account any historic disenfranchisement or 2 discrimination against any group of individuals within the school 3 district based upon race, gender, ethnicity, religion, socio-economic 4 status, or sexual orientation, including that no disenfranchisement or 5 discrimination would result from the adoption of the proposed resol- 6 ution. The board of education shall conduct no fewer than three public 7 hearings on such resolution. 8 (ii) Such public hearings shall be conducted not less than thirty nor 9 more than ninety days prior to a vote on the resolution by a majority of 10 the qualified voters of the district. The public hearings shall be held 11 at a school district building or other appropriate building, each within 12 a different proposed school election ward. If there is no school 13 district building or other appropriate building within three separate 14 proposed school election wards, a meeting shall be held at the school 15 building or other appropriate building closest in proximity to the 16 proposed school election ward or wards containing no school district 17 buildings or other appropriate buildings. The district clerk shall give 18 notice of the public hearing by publishing a notice five times within 19 fifteen days preceding the hearings, on the district's website and in 20 two newspapers if there shall be two, or in one newspaper if there shall 21 be but one, having general circulation within such district. But if no 22 newspaper shall then have general circulation therein, said notice shall 23 be posted in at least twenty of the most public places in said district 24 fifteen days before the time of the first hearing. 25 (iii) Following such public hearings, a proposition for approval of 26 such resolution and the boundaries of proposed school election wards by 27 a majority of the qualified voters of such district shall be submitted 28 at the next succeeding annual meeting and election. The district clerk 29 shall give notice of such proposition by publishing notice prior to the 30 election, in the same manner and publication as the public hearing, set 31 forth in this section, specifying the time when and place or places 32 where such election will be held, the hours during which the polls will 33 remain open for the purpose of receiving ballots, and setting forth in 34 full the language of the proposition to be approved at such election. In 35 any event, such election shall be held in at least one location within 36 each of the proposed school election wards and the hours of the election 37 shall commence no later than six o'clock in the morning and shall end no 38 earlier than nine o'clock in the evening. 39 (iv) At least fifteen days prior to conducting public hearings, the 40 board of education shall define and publish, by resolution, boundaries 41 of each of the school election wards. Should such map be altered as a 42 result of the public hearings, the amended map shall be published pursu- 43 ant to this paragraph no later than fifteen days before the election. 44 Such wards shall be contiguous and each ward shall contain as nearly as 45 possible the same number of inhabitants. Each ward shall also conform as 46 closely as possible with the attendance zone of the school district, 47 conform as closely as possible with geographic and other physical bound- 48 aries, and retain contiguous communities of interest. 49 (v) A map of each ward and the boundaries thereof shall be created 50 with the original filed with the district clerk within ten days of the 51 resolution and copies thereof filed in the board of elections of the 52 county. Upon each issuance of a federal decennial census, the board of 53 education shall either: (1) make a written finding that, upon examina- 54 tion of the decennial census, the current school election wards contain 55 nearly as possible the same number of inhabitants and that no discrimi- 56 nation or disenfranchisement would result if the wards remained as
S. 435 5 1 established; or (2) the school election wards shall be redefined by 2 resolution of the board of education, after a public hearing thereon, 3 and approval by the qualified voters of the school district. If the 4 qualified voters of the school district shall not approve of the resol- 5 ution, the board of education shall submit a second resolution for 6 approval by the qualified voters of the school district, after a public 7 hearing thereon, within ninety days. If the qualified voters of the 8 school district shall not approve of such resolution for a second time, 9 the board of education shall continue the membership and terms of the 10 current board until the next annual meeting and election at which time 11 the terms of all current members shall terminate. At the next annual 12 meeting and election, members shall be elected by a vote of the quali- 13 fied voters of the school district pursuant to article forty-three of 14 this chapter. 15 (vi) After a school election ward system shall have been established, 16 the term of every existing member shall terminate on the thirtieth day 17 of June next succeeding the first annual meeting and election following 18 voter approval of the referendum, at which time the terms for each 19 elected school ward member shall commence. 20 c. The term of office of each school board member from a school 21 election ward shall be three, four, or five years, to be determined at 22 the discretion of the board of education by resolution prior to the 23 referendum; provided however that the resolution shall also designate 24 that in the first annual meeting and election after the adoption of a 25 school election ward system, the initial terms shall be divided into 26 terms of three, four, or five years so that as nearly as possible an 27 equal number of trustees shall be elected each year. In each election 28 cycle thereafter, the terms of office shall be uniform. In each election 29 ward, the candidate receiving a plurality of votes in each election ward 30 shall be declared elected to that position. 31 d. Whenever a vacancy shall occur or exist in the office of a member 32 of a board of education, such vacancy shall be filled pursuant to this 33 article and part one of article forty-three of this chapter. 34 e. Except as provided in this subdivision, all provisions of this 35 article, article forty-one, and article forty-three of this chapter or 36 of any other general law relating to or affecting the election of school 37 board members in a central school district shall apply to school 38 election wards organized pursuant to this subdivision and to the 39 election of members by the qualified voters of a school district as 40 established pursuant to paragraph f and subparagraph (iv) of paragraph b 41 of this subdivision. 42 f. A board of education of a central school district which has estab- 43 lished school election wards pursuant to this subdivision may, by resol- 44 ution and subject to a mandatory referendum, abolish the school election 45 ward system and return to election of trustees by a vote of the quali- 46 fied voters of the school district. Adoption, assessment, public hearing 47 and notice, and voting requirements of such resolution and referendum 48 shall comply with the provisions of subparagraphs (i), (ii), and (iii) 49 of paragraph b of this subdivision. 50 g. For the purpose of this subdivision, "contiguous community of 51 interest" means a contiguous population which shares common social and 52 economic interests that should be included within a single district for 53 purposes of its effective and fair representation. 54 § 3. This act shall take effect immediately.