Assembly Bill A6302

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6302
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 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  providing  for  the
   appointment  of  members  of  the  board  of  education in the city of
   Buffalo
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  a  of  section 2552 of the education law, as
 amended by chapter 138 of the laws  of  1974,  is  amended  to  read  as
 follows:
   a.  City  school  district  of  the  city  of Buffalo:   [nine] ELEVEN
 members.
   § 1-a. Subdivision a of section 2552 of the education law, as  amended
 by chapter 311 of the laws of 2024, is amended to read as follows:
   a.  City  school  district  of  the  city  of Buffalo:   [nine] ELEVEN
 members.
   § 2. Subdivision 1 of section 2553 of the education law, as separately
 amended by chapters 211 and 441 of the laws of 1980, is amended to  read
 as follows:
   1.  No  person shall be eligible to the office of member of a board of
 education who is not a citizen of the United States, who is  not  quali-
 fied  to  register  for  or  vote  at an election in accordance with the
 provisions of section 5-106 of the election law, and who, in the case of
 the city school district of the city of Yonkers, has not been a resident
 of the city school district for which [he] SUCH MEMBER is chosen  for  a
 period  of  at least three years immediately preceding the date of [his]
 SUCH MEMBER'S election or appointment and who, in the case of  the  city
 school  district  of  the city of Buffalo, in the case of a member to be
 elected OR APPOINTED at large is not a  qualified  voter  of  such  city
 school  district  and who has not been a resident of such district for a
 period of at least three years immediately preceding the date  of  [his]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02087-01-5
              

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 SUCH  MEMBER'S  election  OR  APPOINTMENT  and  in  the case of a member
 elected from a city school subdistrict is not a qualified voter of  such
 city  school  subdistrict and has not been a resident of the city school
 district  for  three years and a resident of the city school subdistrict
 which [he] SUCH MEMBER represents or seeks to represent for a period  of
 one year immediately preceding the date of [his] SUCH MEMBER'S election,
 and  who, in the case of the city school district of the city of Roches-
 ter, is not a qualified voter under section 5-102 of the election law of
 such city school district; and who  in  the  case  of  the  city  school
 district  of  the  city of Syracuse has not been a qualified voter under
 section 5-102 of the election law of such city school  district  for  at
 least  ninety days immediately preceding the date of [his] SUCH MEMBER'S
 election or appointment.
   § 3. Paragraph a of subdivision 10 of section 2553  of  the  education
 law,  as added by chapter 242 of the laws of 1974, is amended to read as
 follows:
   a. The members of the board of education of the city  school  district
 of  the  city  of Buffalo shall be elected OR APPOINTED by the qualified
 voters of such city as provided herein.
   § 4. Paragraph c of subdivision 10 of section 2553  of  the  education
 law,  as added by chapter 242 of the laws of 1974, is amended to read as
 follows:
   c. The members of the board of education of the city  school  district
 of  the city of Buffalo shall be [elected] CHOSEN as follows: one member
 from each of such six city school subdistricts within such city  by  the
 qualified voters therein [and] PURSUANT TO AN ELECTION AS PROVIDED HERE-
 IN,  three  members  of  such  board of education shall be chosen by the
 qualified voters at large within such city PURSUANT TO  AN  ELECTION  AS
 PROVIDED  HEREIN,  ONE  MEMBER  OF  SUCH  BOARD  OF  EDUCATION  SHALL BE
 APPOINTED BY THE MAYOR AT LARGE FROM WITHIN THE CITY AND ONE  MEMBER  OF
 SUCH BOARD SHALL BE APPOINTED BY THE COMMON COUNCIL AT LARGE FROM WITHIN
 THE CITY.
   §  5.  Paragraph  n of subdivision 10 of section 2553 of the education
 law, as added by chapter 242 of the laws of 1974, is amended to read  as
 follows:
   n.  The term of office of each member of such board from a city school
 subdistrict shall be three years, and the term of office  of  each  such
 member  of  the  board  elected  OR APPOINTED at large shall be for five
 years. Of the candidates to be elected for membership on  the  board  of
 education  of  the  city  school  district of the city of Buffalo by the
 voters at large the three candidates receiving  the  largest  number  of
 votes cast in the city, shall be declared elected as at-large members of
 such  board of education. In each city school subdistrict the candidates
 seeking the election as the member of such board of education  for  such
 city  school  subdistrict  receiving  a  plurality of votes in such city
 school subdistrict shall be declared elected to that position.
   Whenever a vacancy shall occur or exist in the office  of  AN  ELECTED
 member  of the board of education except by reason of expiration of term
 or increase in the number of members of such board, such  vacancy  shall
 be  filled  by  a majority vote of the remaining members of the board of
 education within thirty days of the date when such  vacancy  shall  have
 occurred.  If the remaining members of the board of education shall fail
 to fill such vacancy within such thirty day period, then  the  mayor  of
 the city of Buffalo shall within thirty days thereafter fill such vacan-
 cy subject to the confirmation of such appointment by the common council
 of the city of Buffalo. No one shall be appointed to fill a vacancy of a
 A. 6302                             3

 subdistrict  member  of  the  board of education unless [he] SUCH PERSON
 fulfills all of the qualifications in this subdivision to  enable  [him]
 SUCH PERSON to be a candidate for the office of a member of the board of
 education from the subdistrict involved.  WHENEVER A VACANCY SHALL OCCUR
 OR  EXIST IN THE OFFICE OF AN APPOINTED MEMBER OF THE BOARD OF EDUCATION
 EXCEPT BY REASON OF EXPIRATION OF TERM, SUCH VACANCY SHALL BE FILLED  BY
 APPOINTMENT  BY  THE  MAYOR OF THE CITY OF BUFFALO WITHIN THIRTY DAYS OF
 THE DATE WHEN SUCH VACANCY SHALL HAVE OCCURRED.
   § 6. Paragraph o of subdivision 10 of section 2553  of  the  education
 law,  as  amended by chapter 561 of the laws of 2019, is amended to read
 as follows:
   o. The members so elected OR APPOINTED to the board of education shall
 convene on the first business day in January of each year, at  the  time
 of  the  commencement  of  their  term  of  office and select from their
 members a president who shall serve for a term of one year or such other
 term, not exceeding the term of [his] SUCH MEMBER'S office,  as  may  be
 fixed  by  the rules and regulations of the board.  THE INITIAL TERMS OF
 OFFICE FOR MEMBERS APPOINTED AT LARGE BY THE MAYOR  SHALL  TERMINATE  AT
 THE  SAME  TIME  AS  THE  MEMBERS  ELECTED AT LARGE AT THE TIME OF THEIR
 APPOINTMENT. THEREAFTER, THEIR TERMS OF OFFICE SHALL COMMENCE  WITH  THE
 ELECTED MEMBERS OF THE BOARD OF EDUCATION.
   §  7.  This  act  shall take effect immediately; provided that section
 one-a of this act shall take effect on the same date  and  in  the  same
 manner as section 10 of chapter 311 of the laws of 2024, takes effect.