S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2745
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring the board of
   education in the city of Buffalo to submit the school district  budget
   to the voters for approval prior to adoption

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  2531
 to read as follows:
   § 2531. ADOPTION OF THE SCHOOL DISTRICT BUDGET IN THE CITY OF BUFFALO.
 1.  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, THE BOARD OF EDUCATION IN
 THE CITY OF BUFFALO SHALL PROVIDE FOR THE SUBMISSION  OF  A  BUDGET  FOR
 APPROVAL OF THE VOTERS PURSUANT TO THE PROVISIONS OF THIS SECTION.
   2.  THE BOARD OF EDUCATION SHALL CONDUCT ALL ANNUAL AND SPECIAL SCHOOL
 DISTRICT MEETINGS FOR THE PURPOSE OF ADOPTING A SCHOOL  DISTRICT  BUDGET
 IN  THE  SAME  MANNER AS A UNION FREE SCHOOL DISTRICT IN ACCORDANCE WITH
 THE PROVISIONS OF ARTICLE FORTY-ONE OF THIS TITLE, EXCEPT  AS  OTHERWISE
 PROVIDED BY THIS SECTION. THE ANNUAL MEETING AND ELECTION OF THE BUFFALO
 SCHOOL  DISTRICT SHALL BE HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR,
 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, AND ANY SCHOOL BUDGET REVOTE
 SHALL BE HELD ON THE DATE AND IN THE SAME MANNER SPECIFIED  IN  SUBDIVI-
 SION  THREE  OF SECTION TWO THOUSAND SEVEN OF THIS TITLE. THE PROVISIONS
 OF SECTION TWENTY-SIX HUNDRED THREE OF THIS TITLE, GOVERNING THE  QUALI-
 FICATION  AND  REGISTRATION OF VOTERS, AND PROCEDURES FOR THE NOMINATION
 AND ELECTION OF MEMBERS OF THE BOARD  OF  EDUCATION  SHALL  CONTINUE  TO
 APPLY, AND SHALL GOVERN THE QUALIFICATION AND REGISTRATION OF VOTERS AND
 VOTING  PROCEDURES  WITH  RESPECT  TO  THE ADOPTION OF A SCHOOL DISTRICT
 BUDGET.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01743-01-3
              

 A. 2745                             2
 
   3. THE BOARD OF EDUCATION SHALL PREPARE  A  PROPOSED  SCHOOL  DISTRICT
 BUDGET FOR THE ENSUING YEAR IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 SEVENTEEN  HUNDRED  SIXTEEN  OF  THIS  CHAPTER, INCLUDING ALL PROVISIONS
 RELATING TO REQUIRED NOTICES AND APPENDICES TO THE STATEMENT OF EXPENDI-
 TURES.  NO  BOARD  OF  EDUCATION SHALL INCUR A SCHOOL DISTRICT LIABILITY
 EXCEPT AS AUTHORIZED BY THE  PROVISIONS  OF  SECTION  SEVENTEEN  HUNDRED
 EIGHTEEN  OF  THIS  CHAPTER.  SUCH PROPOSED BUDGET SHALL BE PRESENTED IN
 THREE COMPONENTS: A PROGRAM COMPONENT, A CAPITAL COMPONENT AND AN ADMIN-
 ISTRATIVE COMPONENT WHICH SHALL BE SEPARATELY DELINEATED  IN  ACCORDANCE
 WITH  REGULATIONS  OF  THE  COMMISSIONER  AFTER  CONSULTATION WITH LOCAL
 SCHOOL DISTRICT OFFICIALS.  THE ADMINISTRATIVE COMPONENT SHALL  INCLUDE,
 BUT  NEED NOT BE LIMITED TO, OFFICE AND CENTRAL ADMINISTRATIVE EXPENSES,
 TRAVELING EXPENSES AND ALL COMPENSATION, SALARIES AND  BENEFITS  OF  ALL
 SCHOOL  ADMINISTRATORS  AND  SUPERVISORS, INCLUDING BUSINESS ADMINISTRA-
 TORS, SUPERINTENDENTS OF SCHOOLS AND  DEPUTY,  ASSISTANT,  ASSOCIATE  OR
 OTHER SUPERINTENDENTS UNDER ALL EXISTING EMPLOYMENT CONTRACTS OR COLLEC-
 TIVE BARGAINING AGREEMENTS, ANY AND ALL EXPENDITURES ASSOCIATED WITH THE
 OPERATION OF THE BOARD OF EDUCATION, THE OFFICE OF THE SUPERINTENDENT OF
 SCHOOLS,  GENERAL ADMINISTRATION, THE SCHOOL BUSINESS OFFICE, CONSULTING
 COSTS NOT DIRECTLY RELATED TO  DIRECT  STUDENT  SERVICES  AND  PROGRAMS,
 PLANNING  AND ALL OTHER ADMINISTRATIVE ACTIVITIES. THE PROGRAM COMPONENT
 SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL PROGRAM  EXPENDITURES  OF
 THE SCHOOL DISTRICT, INCLUDING THE SALARIES AND BENEFITS OF TEACHERS AND
 ANY  SCHOOL  ADMINISTRATORS OR SUPERVISORS WHO SPEND A MAJORITY OF THEIR
 TIME  PERFORMING  TEACHING  DUTIES,  AND  ALL  TRANSPORTATION  OPERATING
 EXPENSES.  THE  CAPITAL COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMITED
 TO, ALL TRANSPORTATION CAPITAL, DEBT SERVICE,  AND  LEASE  EXPENDITURES;
 COSTS  RESULTING  FROM  JUDGMENTS  IN  TAX CERTIORARI PROCEEDINGS OR THE
 PAYMENT OF AWARDS FROM COURT JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED
 OR COMPROMISED CLAIMS; AND ALL FACILITIES COSTS OF THE SCHOOL  DISTRICT,
 INCLUDING  FACILITIES  LEASE  EXPENDITURES,  THE ANNUAL DEBT SERVICE AND
 TOTAL DEBT FOR ALL FACILITIES FINANCED BY BONDS AND NOTES OF THE  SCHOOL
 DISTRICT,  AND  THE  COSTS OF CONSTRUCTION, ACQUISITION, RECONSTRUCTION,
 REHABILITATION OR IMPROVEMENT OF SCHOOL BUILDINGS,  PROVIDED  THAT  SUCH
 BUDGET  SHALL  INCLUDE A RENTAL, OPERATIONS AND MAINTENANCE SECTION THAT
 INCLUDES BASE RENT COSTS, TOTAL RENT COSTS,  OPERATION  AND  MAINTENANCE
 CHARGES,  COST  PER  SQUARE  FOOT FOR EACH FACILITY LEASED BY THE SCHOOL
 DISTRICT, AND ANY AND ALL EXPENDITURES ASSOCIATED WITH  CUSTODIAL  SALA-
 RIES  AND  BENEFITS, SERVICE CONTRACTS, SUPPLIES, UTILITIES, AND MAINTE-
 NANCE AND REPAIRS OF SCHOOL FACILITIES. EXCEPT AS PROVIDED  IN  SUBDIVI-
 SION  FOUR  OF  THIS SECTION, NOTHING IN THIS SECTION SHALL PRECLUDE THE
 BOARD, IN ITS DISCRETION, FROM SUBMITTING ADDITIONAL ITEMS  OF  EXPENDI-
 TURE  TO  THE VOTERS FOR APPROVAL AS SEPARATE PROPOSITIONS OR THE VOTERS
 FROM SUBMITTING PROPOSITIONS PURSUANT TO SECTIONS TWO THOUSAND EIGHT AND
 TWO THOUSAND THIRTY-FIVE OF THIS TITLE.
   4. IN THE EVENT THE QUALIFIED VOTERS OF THE  BUFFALO  SCHOOL  DISTRICT
 REJECT  THE  BUDGET  PROPOSED  PURSUANT  TO  SUBDIVISION  THREE  OF THIS
 SECTION, THE BOARD MAY PROPOSE TO THE VOTERS A REVISED  BUDGET  PURSUANT
 TO  SUBDIVISION THREE OF SECTION TWO THOUSAND SEVEN OF THIS TITLE OR MAY
 ADOPT A CONTINGENCY BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION
 AND  SUBDIVISION  FIVE OF SECTION TWO THOUSAND TWENTY-TWO OF THIS TITLE.
 THE SCHOOL DISTRICT BUDGET FOR ANY SCHOOL YEAR,  OR  ANY  PART  OF  SUCH
 BUDGET  OR  ANY PROPOSITIONS INVOLVING THE EXPENDITURE OF MONEY FOR SUCH
 SCHOOL YEAR SHALL NOT BE SUBMITTED FOR A VOTE OF  THE  QUALIFIED  VOTERS
 MORE  THAN TWICE. IN THE EVENT THE QUALIFIED VOTERS REJECT THE RESUBMIT-
 TED BUDGET, THE BOARD SHALL ADOPT A  CONTINGENCY  BUDGET  IN  ACCORDANCE
 A. 2745                             3
 
 WITH  SUBDIVISION  FIVE  OF  THIS  SECTION  AND SUBDIVISION FIVE OF SUCH
 SECTION TWO THOUSAND TWENTY-TWO.
   5. IF THE QUALIFIED VOTERS FAIL OR REFUSE TO VOTE THE SUM ESTIMATED TO
 BE  NECESSARY  FOR  TEACHERS'  SALARIES  AND  OTHER  ORDINARY CONTINGENT
 EXPENSES, THE BOARD SHALL ADOPT A CONTINGENCY BUDGET IN ACCORDANCE  WITH
 THIS  SUBDIVISION  AND  SHALL  LEVY  A  TAX FOR THAT PORTION OF SUCH SUM
 REMAINING AFTER APPLYING THERETO THE MONEYS RECEIVED OR TO  BE  RECEIVED
 FROM STATE, FEDERAL OR OTHER SOURCES, IN THE SAME MANNER AS IF THE BUDG-
 ET HAD BEEN APPROVED BY THE QUALIFIED VOTERS; SUBJECT TO THE LIMITATIONS
 IMPOSED IN SUBDIVISION FOUR OF SECTION TWO THOUSAND TWENTY-THREE OF THIS
 TITLE  AND  THIS  SUBDIVISION. SUCH CONTINGENCY BUDGET SHALL INCLUDE THE
 SUM DETERMINED BY THE BOARD TO BE NECESSARY FOR:
   (A) TEACHERS' SALARIES, INCLUDING THE SALARIES OF ALL MEMBERS  OF  THE
 TEACHING AND SUPERVISING STAFF;
   (B) ITEMS OF EXPENSE SPECIFICALLY AUTHORIZED BY STATUTE TO BE INCURRED
 BY  THE  BOARD OF EDUCATION, INCLUDING, BUT NOT LIMITED TO, EXPENDITURES
 FOR TRANSPORTATION TO AND FROM REGULAR SCHOOL PROGRAMS INCLUDED AS ORDI-
 NARY CONTINGENT EXPENSES IN SUBDIVISION TWELVE  OF  SECTION  TWENTY-FIVE
 HUNDRED  THREE  OF  THIS  ARTICLE,  EXPENDITURES FOR TEXTBOOKS, REQUIRED
 SERVICES FOR NON-PUBLIC SCHOOL STUDENTS, SCHOOL HEALTH SERVICES, SPECIAL
 EDUCATION SERVICES, KINDERGARTEN AND NURSERY SCHOOL  PROGRAMS,  AND  THE
 DISTRICT'S  SHARE  OF  THE  ADMINISTRATIVE  COSTS  AND COSTS OF SERVICES
 PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
   (C) ITEMS OF EXPENSE FOR LEGAL OBLIGATIONS OF THE DISTRICT, INCLUDING,
 BUT NOT LIMITED TO, CONTRACTUAL OBLIGATIONS, DEBT SERVICE, COURT  ORDERS
 OR JUDGMENTS, ORDERS OF ADMINISTRATIVE BODIES OR OFFICERS, AND STANDARDS
 AND  REQUIREMENTS OF THE BOARD OF REGENTS AND THE COMMISSIONER THAT HAVE
 THE FORCE AND EFFECT OF LAW;
   (D) THE PURCHASE OF LIBRARY BOOKS AND  OTHER  INSTRUCTIONAL  MATERIALS
 ASSOCIATED WITH A LIBRARY;
   (E) ITEMS OF EXPENSE NECESSARY TO MAINTAIN THE EDUCATIONAL PROGRAMS OF
 THE  DISTRICT,  PRESERVE  THE  PROPERTY  OF  THE DISTRICT OR PROTECT THE
 HEALTH AND SAFETY OF STUDENTS AND STAFF, INCLUDING, BUT NOT LIMITED  TO,
 SUPPORT  SERVICES,  PUPIL PERSONNEL SERVICES, THE NECESSARY SALARIES FOR
 THE  NECESSARY  NUMBER  OF  NON-TEACHING  EMPLOYEES,   NECESSARY   LEGAL
 EXPENSES,  WATER  AND UTILITY CHARGES, INSTRUCTIONAL SUPPLIES FOR TEACH-
 ERS' USE, EMERGENCY REPAIRS, TEMPORARY  RENTAL  OF  ESSENTIAL  CLASSROOM
 FACILITIES,  AND EXPENDITURES NECESSARY TO ADVISE SCHOOL DISTRICT VOTERS
 CONCERNING SCHOOL MATTERS;
   (F) EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD TRIPS AND OTHER
 EXTRACURRICULAR ACTIVITIES; AND
   (G) ANY OTHER ITEM OF EXPENSE DETERMINED BY THE COMMISSIONER TO BE  AN
 ORDINARY CONTINGENT EXPENSE IN ANY SCHOOL DISTRICT.
   6.  THE  COMMISSIONER  SHALL DETERMINE APPEALS RAISING QUESTIONS AS TO
 WHAT ITEMS OF EXPENDITURE ARE ORDINARY CONTINGENT EXPENSES  PURSUANT  TO
 SUBDIVISION  FIVE  OF  THIS  SECTION  IN  ACCORDANCE WITH SECTIONS THREE
 HUNDRED TEN AND TWO THOUSAND TWENTY-FOUR OF THIS CHAPTER.
   § 2. This act shall take effect immediately.