NY State Senate Bill 2023-S9018

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2024	referred to education

2023-S9018 (ACTIVE) - Details

See Assembly Version of this Bill:: A9855
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§1702, 1804, 1901, 2502 & 1950, rpld §1702 sub 3-a, §1804 sub 12-a, §1901 sub 3, §2502 sub 10-a, Ed L

2023-S9018 (ACTIVE) - Summary

Allows for the designation of students as ex officio members of school boards; clarifies what such ex officio members are permitted to do.

2023-S9018 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9018

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to permitting the desig-
nation of students as ex officio members of school boards; and to repeal
certain provisions of such law relating thereto

 
PURPOSE:

To require all school boards and BOCES to designate at least one ex-of-
ficio student member.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 1702 of the education law to
require union free school districts that operate a high school to desig-
nate at least one student as an ex-officio member.

Section 2 repeals subdivision 3-a of section 1702 of the education law
which allows union free districts to submit to the voters a referendum

every two years determining whether the district should have an ex-offi-
cio student member.

Section 3 amends subdivision 12 of section 1804 of the education law to
require central school districts to designate at least one student as an
ex-officio member.

Section 4 repeals subdivision 12-a of section 1804 of the education law
which allows central school districts to submit to the voters a referen-
dum every two years determining whether the district should have an
ex-officio student member.

Section 5 amends subdivision 2 of section 1901 of the education law to
require central high school districts to designate at least one student
as an ex-officio member.

Section 6 repeals subdivision 3 of section 1901 of the education law
which allows central high school districts to submit to the voters a
referendum every two years determining whether the district should have
an ex-officio student member.

Section 7 amends subdivision 10 of the section 2502 of the education law
to require small city school districts to designate at least one student
as an ex-officio member.

Section 8 repeals subdivision 10-a of section 2502 of the education law
which allows small city school districts to submit to the voters a
referendum every two years determining whether the district should have
an ex-officio student member.

Section 9 amends section 1950 of the education law by adding subdivision
2-c to require each BOCES supervisory district to establish a process
for selecting at least one student ex-officio member.  Districts with
fewer than 10 component districts must have at least one student member;
districts with between 10 and 20 must have two; districts with more than
20 must have at least three.

Section 10 sets forth the effective date.

 
JUSTIFICATION:

There has been growing recognition across the country of the value of
including students' voices on school boards and providing other forums
for student input in educational policy, at both the local and state
level. Massachusetts, for example, has local student advisory committees
in each city, town, and regional school district.  These committees
select a student to serve as an ex-officio member directly on their
school committee.{1} New Jersey has a state-wide student representative
who serves on the State Board of Education.{2}

Participating in school board meetings -- whether as an attendee or a
designated ex-officio member -- provides an opportunity for young New
Yorkers to build skills and habits of civic engagement. And it gives
them a voice in the policy and operation of their schools.  Students
have valuable perspectives and insight about their schools that deserve
to be heard and considered.

Current state law allows school boards to seek approval from voters in
their district via a referendum to add an ex-officio student member to
their board. This process has proved onerous. In practice, many
districts have opted to include informal student participation on their
school boards without seeking approval from their voters.  New York City
also provides opportunities for students to serve on Citywide Education
Councils and Community Education Councils as non-voting members. Section
2590-b of the Education Law requires one student member, a current high
senior, be appointed to the Citywide Councils on Special Education,
English Language Learners, High Schools, and District 75.

This legislation would require every school board in Union Free School
Districts, Central School Districts, Central High School Districts,
Small City School Districts, and BOCES to designate at least one ex-of-
ficio student member. The student members would be non-voting, but would
be entitled to sit with the board at all public meetings and participate
in all board hearings and meetings. The legislation would simplify
existing state law by removing the requirement that districts seek voter
approval to appoint an ex-officio student member and the requirement
that the student member be a high school senior. Instead, the legis-
lation would require that the student shall have attended the high
school for at least one year.

For BOCES, the supervisory district would be required to establish a
mechanism to choose the student ex-officio member or members in such a
way that provides for fair representation across the component
districts. The minimum number of members would be determined by the
total number of component districts.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall become a law.
{1} Section 38M of Chapter 71 of the Massachusetts' General Law
{2} Subchapter 6 of the New Jersey Board of Education Bylaws

2023-S9018 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9018
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 permitting the  desig-
   nation  of  students  as  ex  officio members of school boards; and to
   repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 1702 of the education law, as
 amended by chapter 314 of the laws  of  2005,  is  amended  to  read  as
 follows:
   3. Each union free school district[, at the next annual meeting subse-
 quent  to  the effective date of the chapter of the laws of two thousand
 five which amended this subdivision, may submit to the qualified  voters
 of the district for approval, the issue of ex officio student membership
 on  the  school  district's board of education, by a student attending a
 high school within such school district. Upon voter approval, each  such
 district]  THAT  OPERATES  A  HIGH  SCHOOL shall establish a process for
 [student membership selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX
 OFFICIO MEMBER pursuant to paragraph c of this subdivision. If, prior to
 August fifth, two thousand three, a school district had  a  policy  that
 allowed  a  student  or  students to be ex officio members of the school
 board, such policy shall be deemed to  meet  the  requirements  of  this
 subdivision  and  shall  be  deemed  to  have  full legal effect. In any
 district that contains more than one high  school,  such  process  shall
 take  into  consideration the number of high schools within the district
 and provide for a mechanism which allows for fair  representation  among
 the  schools.  Such school district shall allow such selected student OR
 STUDENTS to serve as [an] ex officio [member] MEMBERS of such district's
 board of education[, and, if so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings of the  board  and
 participate in all board hearings and meetings.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive  session,  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14010-03-4
 S. 9018                             2
 
 shall  not  be  entitled to receive compensation of any form for partic-
 ipating at board meetings.
   c.  Notwithstanding  any  other  law  to  the contrary, the ex officio
 student [member] MEMBERS of the board may be any of the  following:  the
 student  that  has  been  duly  elected as student president of the high
 school; a student duly elected by the student body; a  student  selected
 by  the  high  school student government; a student selected by the high
 school principal; a student selected by the superintendent of schools; a
 student selected by majority vote of the school board. Provided,  howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, [the] AT LEAST  ONE  student  ex  officio  member  shall  be
 selected by the superintendent of schools from among the members of such
 district-wide  student  governments  or  advisory committees, subject to
 ratification by majority vote of the school board.
   d. The ex officio student [member shall be a senior at the high school
 and] MEMBERS shall have attended such high  school  for  at  least  [two
 years] ONE YEAR prior to selection.
   § 2. Subdivision 3-a of section 1702 of the education law is REPEALED.
   §  3.  Subdivision 12 of section 1804 of the education law, as amended
 by chapter 314 of the laws of 2005, is amended to read as follows:
   12. Each central school district[, at the next annual  meeting  subse-
 quent  to  the effective date of the chapter of the laws of two thousand
 five which amended this subdivision, may submit to the qualified  voters
 of the district for approval, the issue of ex officio student membership
 on  the  school  district's board of education, by a student attending a
 high school within such school district. Upon voter approval, each  such
 district]  shall  establish a process for [student membership selection]
 DESIGNATING AT LEAST ONE STUDENT AS AN EX  OFFICIO  MEMBER  pursuant  to
 paragraph c of this subdivision. If, prior to August fifth, two thousand
 three, a school district had a policy that allowed a student or students
 to  be  ex  officio  members  of  the school board, such policy shall be
 deemed to meet the requirements of this subdivision and shall be  deemed
 to  have  full legal effect. In any district that contains more than one
 high school, such process shall take into consideration  the  number  of
 high  schools  within  the  district  and  provide for a mechanism which
 allows for fair representation among the schools. Such  school  district
 shall  allow such selected student OR STUDENTS to serve as [an] ex offi-
 cio [member] MEMBERS of such district's board  of  education[,  and,  if
 so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled  to  sit with board members at all public meetings of the board and
 participate in all board hearings and meetings.
   b. The ex officio student [member] MEMBERS of the board shall  not  be
 allowed  to  vote, shall not be allowed to attend executive session, and
 shall not be entitled to receive compensation of any  form  for  partic-
 ipating at board meetings.
   c.  Notwithstanding  any  other  law  to  the contrary, the ex officio
 student [member] MEMBERS of the board may be any of the  following:  the
 student  that  has  been  duly  elected as student president of the high
 school; a student duly elected by the student body; a  student  selected
 by  the  high  school student government; a student selected by the high
 school principal; a student selected by the superintendent of schools; a
 student selected by majority vote of the school board. Provided,  howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, [the] AT LEAST  ONE  student  ex  officio  member  shall  be
 selected by the superintendent of schools from among the members of such
 S. 9018                             3
 
 district-wide  student  governments  or  advisory committees, subject to
 ratification by majority vote of the school board.
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 4. Subdivision  12-a  of  section  1804  of  the  education  law  is
 REPEALED.
   §  5.  Subdivision 2 of section 1901 of the education law, as added by
 chapter 314 of the laws of 2005, is amended to read as follows:
   2. Each central high school district[, at the next annual meeting  and
 election  subsequent to the effective date of the chapter of the laws of
 two thousand five which added this subdivision, may submit to the quali-
 fied voters of the district for approval the issue of ex officio student
 membership, on the school district's board of education,  by  a  student
 attending  a  high  school  within  such  school  district.  Upon  voter
 approval, each such district] shall establish  a  process  for  [student
 membership  selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX OFFICIO
 MEMBER pursuant to paragraph c of this subdivision. If, prior to  August
 fifth, two thousand three, a school district had a policy that allowed a
 student  or  students to be ex officio members of the school board, such
 policy shall be deemed to meet the requirements of this subdivision  and
 shall be deemed to have full legal effect. In any district that contains
 more  than  one  high school, such process shall take into consideration
 the number of high schools within the district and shall provide  for  a
 mechanism  which  allows for fair representation among the schools. Such
 district shall allow such selected student OR STUDENTS to serve as  [an]
 ex  officio  [member]  MEMBERS of such board of education, and[, if so,]
 provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings of the  board  and
 participate in all board hearings and meetings.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive  session,  and
 shall  not  be  entitled to receive compensation of any form for partic-
 ipating at board meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 school;  a  student duly elected by the student body; a student selected
 by the high school student government; a student selected  by  the  high
 school  principal;  a student selected by the superintendent of schools.
 Provided, however, in districts having district-wide student governments
 or advisory committees, AT LEAST ONE OF THE student ex  officio  members
 shall  be  selected  by  the  superintendent  of  schools from among the
 members of such district-wide student governments  or  advisory  commit-
 tees, subject to ratification by majority vote of the school board.
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 6. Subdivision 3 of section 1901 of the education law is REPEALED.
   § 7. Subdivision 10 of section 2502 of the education law,  as  amended
 by chapter 314 of the laws of 2005, is amended to read as follows:
   10.  Each  small  city  school  district[,  at the next annual meeting
 subsequent to the effective date of the chapter of the laws of two thou-
 sand five which amended this subdivision, may submit  to  the  qualified
 voters  of  the  district  for approval, the issue of ex officio student
 S. 9018                             4

 membership on the school district's board of  education,  by  a  student
 attending  a  high  school  within  such  school  district.  Upon  voter
 approval, each such district] shall establish  a  process  for  [student
 membership  selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX OFFICIO
 MEMBER pursuant to paragraph c of this subdivision. If, prior to  August
 fifth, two thousand three, a school district had a policy that allowed a
 student  or  students to be ex officio members of the school board, such
 policy shall be deemed to meet the requirements of this subdivision  and
 shall be deemed to have full legal effect. In any district that contains
 more  than  one  high school, such process shall take into consideration
 the number of high schools within the district and provide for  a  mech-
 anism  which  allows  for  fair  representation  among the schools. Such
 school district shall allow such selected student OR STUDENTS  to  serve
 as  [an]  ex officio [member] MEMBERS of such district's board of educa-
 tion[, and, if so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings of the  board  and
 participate in all board hearings and meetings.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive  session,  and
 shall  not  be  entitled to receive compensation of any form for partic-
 ipating at board meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 school;  a  student  selected  by  the high school student government; a
 student selected by the high school principal; a student selected by the
 superintendent of schools; a student selected by majority  vote  of  the
 school  board.    Provided,  however,  in districts having district-wide
 student governments or advisory committees, AT LEAST ONE OF the  student
 ex  officio  [member] MEMBERS shall be selected by the superintendent of
 schools from among the members of such district-wide student governments
 or advisory committees, subject to ratification by majority vote of  the
 school board.
   d.  The  ex officio student [member] MEMBERS shall [be a senior at the
 high school and shall] have attended such high school for at least  [two
 years] ONE YEAR prior to selection.
   §  8.  Subdivision  10-a  of  section  2502  of  the  education law is
 REPEALED.
   § 9. Section 1950 of the education law is  amended  by  adding  a  new
 subdivision 2-c to read as follows:
   2-C.  A. EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE ONE
 OR MORE EX OFFICIO STUDENT  MEMBERS.  EACH  SUPERVISORY  DISTRICT  SHALL
 ESTABLISH  A  PROCESS FOR DESIGNATING ONE OR MORE STUDENTS AS EX OFFICIO
 MEMBERS. SUCH PROCESS SHALL TAKE INTO CONSIDERATION THE NUMBER OF COMPO-
 NENT DISTRICTS WITHIN THE SUPERVISORY DISTRICT AND PROVIDE FOR  A  MECH-
 ANISM   WHICH   ALLOWS  FOR  FAIR  REPRESENTATION  AMONG  THE  COMPONENT
 DISTRICTS.
   B. SUCH SUPERVISORY DISTRICT AND THE BOARD OF COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL  ALLOW  SUCH  SELECTED  STUDENTS  TO SERVE AS EX OFFICIO
 MEMBERS OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES.   SUPERVISORY
 DISTRICTS  WITH TEN OR FEWER COMPONENT DISTRICTS SHALL HAVE AT LEAST ONE
 EX OFFICIO STUDENT MEMBER; SUPERVISORY DISTRICTS WITH MORE THAN TEN  AND
 FEWER  THAN  OR  EQUAL TO TWENTY COMPONENT DISTRICTS SHALL HAVE AT LEAST
 TWO EX OFFICIO STUDENT MEMBERS; SUPERVISORY  DISTRICTS  WITH  MORE  THAN
 S. 9018                             5
 
 TWENTY  COMPONENT DISTRICTS SHALL HAVE AT LEAST THREE EX OFFICIO STUDENT
 MEMBERS, AND PROVIDED FURTHER THAT:
   (1)  THE  EX OFFICIO STUDENT MEMBERS OF THE BOARD SHALL BE ENTITLED TO
 SIT WITH THE BOARD MEMBERS AT ALL  PUBLIC  MEETINGS  OF  THE  BOARD  AND
 PARTICIPATE IN ALL BOARD HEARINGS AND MEETINGS.
   (2) THE EX OFFICIO STUDENT MEMBERS SHALL NOT BE ALLOWED TO VOTE, SHALL
 NOT  BE ALLOWED TO ATTEND EXECUTIVE SESSION AND SHALL NOT BE ENTITLED TO
 RECEIVE ANY COMPENSATION OF ANY FORM FOR PARTICIPATING  AT  BOARD  MEET-
 INGS.
   (3)  NOTWITHSTANDING  ANY  OTHER  LAW  TO THE CONTRARY, THE EX OFFICIO
 STUDENT MEMBERS OF THE BOARD SHALL BE STUDENTS WHO ATTEND A HIGH  SCHOOL
 WITHIN  THE  COMPONENT DISTRICTS, WHO HAVE ATTENDED SUCH HIGH SCHOOL FOR
 AT LEAST ONE YEAR, AND WHO PARTICIPATE IN A PROGRAM ADMINISTERED BY  THE
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH SUPERVISORY DISTRICT.
 THE EX OFFICIO STUDENT MEMBERS SHALL BE SELECTED BY  THE  SUPERINTENDENT
 OF THE RELEVANT COMPONENT DISTRICT OR DISTRICTS IN ACCORDANCE WITH PARA-
 GRAPH A OF THIS SUBDIVISION.
   (4) THE SCHOOL DISTRICT IN WHICH THE EX OFFICIO STUDENT MEMBERS RESIDE
 SHALL  PROVIDE  TRANSPORTATION  FOR SUCH STUDENTS FROM THEIR HOME TO THE
 BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  MEETINGS  AND  SHALL  ALSO
 PROVIDE  TRANSPORTATION  AT  THE  END OF SUCH MEETINGS TO SUCH STUDENTS'
 HOME.
   § 10. This act shall take effect on the first of July next  succeeding
 the date on which it shall have become a law.

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Senate Bill S9018

Sponsored By

Current Bill Status - In Senate Committee Education Committee

2023-S9018 (ACTIVE) - Details

2023-S9018 (ACTIVE) - Summary

2023-S9018 (ACTIVE) - Sponsor Memo

2023-S9018 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9018

Share this bill

Sponsored By

Shelley B. Mayer

Current Bill Status - In Senate Committee Education Committee

2023-S9018 (ACTIVE) - Details

2023-S9018 (ACTIVE) - Summary

2023-S9018 (ACTIVE) - Sponsor Memo

2023-S9018 (ACTIVE) - Bill Text download pdf

Comments