S T A T E O F N E W Y O R K
________________________________________________________________________
7098
2009-2010 Regular Sessions
I N A S S E M B L Y
March 20, 2009
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to eligibility to the
office of member of the board of education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 17 of section 1709 of the education law, as
amended by chapter 355 of the laws of 1978, is amended to read as
follows:
17. To fill any vacancy which may occur in said board by reason of the
death, resignation, removal from office or from the school district, or
refusal to serve, of any member or officer of said board; and the person
so appointed in the place of any such member of the board shall hold his
office until the next regular school district election. The person
elected to fill such vacancy shall take office immediately upon filing
of his official oath of office with the district clerk. NO PERSON SHALL
BE ELIGIBLE TO FILL SUCH VACANCY IF THEY HAVE A RELATIVE, IMMEDIATE OR
DISTANT, EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT.
S 2. Section 1804 of the education law is amended by adding two new
subdivisions 3-a and 3-b to read as follows:
3-A. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD
OF EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT
IS EMPLOYED IN ANY POSITION FOR THE CENTRAL SCHOOL DISTRICT.
3-B. IF A CURRENT BOARD OF EDUCATION MEMBER HAS A RELATIVE, WHETHER
IMMEDIATE OR DISTANT, EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT,
SUCH MEMBER SHALL NOT BE ELIGIBLE TO RUN FOR AN ADDITIONAL TERM ON SUCH
BOARD.
S 3. Subdivision 1 of section 1901 of the education law, as amended by
chapter 314 of the laws of 2005, is amended to read as follows:
1. Existing central high school districts are continued. Boards of
education of such central high school districts heretofore established
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09955-02-9
A. 7098 2
shall continue as constituted under the order of the commissioner. 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. NO
PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF EDUCA-
TION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICTS REPRESENTED BY THE
CENTRAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION. IF A CURRENT BOARD OF
EDUCATION MEMBER FOR A CENTRAL HIGH SCHOOL DISTRICT HAS A RELATIVE,
WHETHER IMMEDIATE OR DISTANT, EMPLOYED IN ANY POSITION FOR A REPRESENTED
SCHOOL DISTRICT, SUCH MEMBER SHALL NOT BE ELIGIBLE TO RUN FOR AN ADDI-
TIONAL TERM ON SUCH BOARD.
S 4. Section 1914 of the education law, as added by chapter 732 of the
laws of 1981, is amended to read as follows:
S 1914. Board of education; number and election. For any central high
school district formed on or after July first, nineteen hundred eighty-
one, the order of the commissioner establishing such central high school
district shall specify the number of members to constitute the board of
education of such district and the number of members representing each
of the districts included in such district. The number of members of
such board shall be not less than five. There shall be at least one
member of such board from each component school district. The board of
education of each union free school district or central school district
in 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 thereof. 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 has 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;
except that each component school district may choose to fill vacancies
from its district on the central high school district board by election.
NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF
EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICTS REPRESENTED BY THE
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CENTRAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION. IF A CURRENT BOARD OF
EDUCATION MEMBER FOR A CENTRAL HIGH SCHOOL DISTRICT HAS A RELATIVE,
WHETHER IMMEDIATE OR DISTANT, EMPLOYED IN ANY POSITION FOR A REPRESENTED
SCHOOL DISTRICT, SUCH MEMBER SHALL NOT BE ELIGIBLE TO RUN FOR AN ADDI-
TIONAL TERM ON SUCH BOARD.
S 5. Subdivision 3 of section 2502 of the education law, as amended by
chapter 112 of the laws of 1997, is amended to read as follows:
3. A. The full term of office of a member of the board of education
shall be three or five years, as the district may determine, except the
full term of office of a member of the board of education in the city of
Albany shall be four years; provided, however, that the term of office
of each incumbent member of the city of Albany board on the effective
date of this amendment shall not be decreased, and provided further,
that one or more of the vacancies filled after this change to four year
terms shall be for terms of two or three years only in order that, as
nearly as possible, an equal number of members shall be elected to the
board each year. Any such school district may decrease the full term of
a member of the board of education to three years or increase the full
term of a member of the board of education to five years by adopting a
proposition at any regular meeting or election to do so; provided,
however, that the term of office of each incumbent member of the board
of education 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 years to five years, or to decrease the term
of office from 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. The board of
education in the city of Peekskill may, by adopting a resolution,
decrease the full term of a member of the board of education to two
years in order that, as nearly as possible, an equal number of trustees
shall be elected to the board each year; provided, however, that the
term of office of each incumbent member of the board of education shall
not be decreased thereby.
B. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF
EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT. IF A CURRENT BOARD OF
EDUCATION MEMBER HAS A RELATIVE, WHETHER IMMEDIATE OR DISTANT, EMPLOYED
IN ANY POSITION FOR THE SCHOOL DISTRICT, SUCH MEMBER SHALL NOT BE ELIGI-
BLE TO RUN FOR AN ADDITIONAL TERM ON SUCH BOARD.
S 6. Subparagraphs 2 and 3 of paragraph d of subdivision 5 of section
2502 of the education law, as amended by chapter 281 of the laws of
1971, are amended and a new subparagraph 4 is added to read as follows:
(2) As nearly as possible, an equal number of the members of the board
of education shall be elected each year; [and]
(3) In the case of boards of education coming under the provisions of
paragraph c of this subdivision, the number of members elected to and
serving on any such board shall equal the number specified in the propo-
sition adopted pursuant to paragraph c of this subdivision[.]; AND
(4) NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD
OF EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT
IS EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT.
S 7. Subdivision 6 of section 2502 of the education law, as amended by
chapter 355 of the laws of 1978, is amended and a new subdivision 6-a is
added to read as follows:
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6. 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 of an
increase in the number of members of such board, a majority of the
remaining members of such board may appoint a qualified person to fill
the vacancy. The person so appointed shall hold office until the next
regular school district election, and the person elected to fill such
vacancy shall take office immediately upon the filing of his official
oath of office with the district clerk; PROVIDED, HOWEVER THAT NO PERSON
SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF EDUCATION IF
THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS EMPLOYED IN
ANY POSITION FOR THE SCHOOL DISTRICT.
6-A. IF A CURRENT BOARD OF EDUCATION MEMBER HAS A RELATIVE, WHETHER
IMMEDIATE OR DISTANT, EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT,
SUCH MEMBER SHALL NOT BE ELIGIBLE TO RUN FOR AN ADDITIONAL TERM ON SUCH
BOARD.
S 8. Subdivision 9 of section 2502 of the education law is amended by
adding a new paragraph d-1 to read as follows:
D-1. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD
OF EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT
IS EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT. IF A CURRENT BOARD
OF EDUCATION MEMBER HAS A RELATIVE, WHETHER IMMEDIATE OR DISTANT,
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT, SUCH MEMBER SHALL NOT
BE ELIGIBLE TO RUN FOR AN ADDITIONAL TERM ON SUCH BOARD.
S 9. Subdivision 9-a of section 2502 of the education law is amended
by adding a new paragraph d-1 to read as follows:
D-1. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD
OF EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT
IS EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT. IF A CURRENT BOARD
OF EDUCATION MEMBER HAS A RELATIVE, WHETHER IMMEDIATE OR DISTANT,
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT, SUCH MEMBER SHALL NOT
BE ELIGIBLE TO RUN FOR AN ADDITIONAL TERM ON SUCH BOARD.
S 10. Subdivisions 6 and 7 of section 2553 of the education law,
subdivision 6 as amended by chapter 211 of the laws of 1980 and subdivi-
sion 7 as amended by chapter 762 of the laws of 1950 and as renumbered
by chapter 330 of the laws of 1969, are amended to read as follows:
6. A. 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.
B. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF
EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT.
7. A. 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.
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B. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF
EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT.
S 11. Subdivision 9 of section 2553 of the education law is amended by
adding a new paragraph (i) to read as follows:
(I) NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD
OF EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT
IS EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT. IF A CURRENT BOARD
OF EDUCATION MEMBER HAS A RELATIVE, WHETHER IMMEDIATE OR DISTANT,
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT, SUCH MEMBER SHALL NOT
BE ELIGIBLE TO RUN FOR AN ADDITIONAL TERM ON SUCH BOARD.
S 12. Subdivision 10 of section 2553 of the education law is amended
by adding a new paragraph q to read as follows:
Q. NO PERSON SHALL BE ELIGIBLE TO THE OFFICE OF MEMBER OF THE BOARD OF
EDUCATION IF THEY HAVE A RELATIVE, WHETHER IMMEDIATE OR DISTANT, THAT IS
EMPLOYED IN ANY POSITION FOR THE SCHOOL DISTRICT. IF A CURRENT BOARD OF
EDUCATION MEMBER HAS A RELATIVE, WHETHER IMMEDIATE OR DISTANT, EMPLOYED
IN ANY POSITION FOR THE SCHOOL DISTRICT, SUCH MEMBER SHALL NOT BE ELIGI-
BLE TO RUN FOR AN ADDITIONAL TERM ON SUCH BOARD.
S 13. This act shall take effect on the sixtieth day after it shall
have become a law.