Bill Text: NY A10992 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to establishing school election wards in Rockland county union free and central school districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-09 - referred to education [A10992 Detail]
Download: New_York-2019-A10992-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10992 IN ASSEMBLY September 9, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski) -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing school election wards in Rockland county union free 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 contained entirely or 5 partially within Rockland county may, by resolution and subject to a 6 mandatory referendum, establish school election wards for purposes of 7 electing individual trustees. There shall be at least three, but no more 8 than nine, school election wards within a school district. One trustee 9 shall be chosen from each ward by the qualified voters therein. Within 10 such resolution, a board of education may require that a trustee elected 11 to represent a ward shall be a resident of such ward. Such resolution 12 shall also provide for the signature requirements for nominating 13 petitions consistent with the applicable 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 27 the qualified voters of the district. The district clerk shall give EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17137-01-0A. 10992 2 1 notice of the public hearing by publishing a notice five times within 2 fifteen days preceding the hearing, on the district's website and in two 3 newspapers if there shall be two, or in one newspaper if there shall be 4 but one, having general circulation within such district. But if no 5 newspaper shall then have general circulation therein, said notice shall 6 be posted in at least twenty of the most public places in said district 7 fifteen days before the time of the first hearing. 8 (iii) Following such public hearings, a proposition for approval of 9 such resolution and the boundaries of proposed school election wards by 10 a majority of the qualified voters of such district shall be submitted 11 at the next succeeding annual meeting and election. The district clerk 12 shall give notice of such proposition by publishing notice prior to the 13 election, in the same manner and publication as the public hearings, set 14 forth in this section, specifying the time when and place or places 15 where such election will be held, the hours during which the polls will 16 remain open for the purpose of receiving ballots, and setting forth in 17 full the language of the proposition to be approved at such election. In 18 any event, there shall be at least one polling location for every 19 fifteen thousand eligible voters in the district and the hours of the 20 election shall commence no later than six o'clock in the morning and 21 shall end no earlier than nine o'clock in the evening. 22 (iv) At least fifteen days prior to conducting public hearings, the 23 board of education shall define and publish, by resolution, boundaries 24 of each of the proposed school election wards. Should such map be 25 altered as a result of the public hearings, the amended map shall be 26 published pursuant to this paragraph no later than fifteen days before 27 the election. Such wards shall be contiguous and each ward shall contain 28 as nearly as possible the same number of inhabitants. Each ward shall 29 also conform as closely as possible with the attendance zone of the 30 school district, conform as closely as possible with geographic and 31 other physical boundaries, and retain contiguous communities of inter- 32 est. 33 (v) A map of each ward and the boundaries thereof shall be created 34 with the original filed with the district clerk within ten days of the 35 resolution and copies thereof filed in the board of elections of the 36 county. Upon each issuance of a federal decennial census, the board of 37 education shall either: (A) make a written finding that, upon examina- 38 tion of the decennial census, the current school election wards contain 39 nearly as possible the same number of inhabitants and that no discrimi- 40 nation or disenfranchisement would result if the wards remained as 41 established; or (B) the school election wards shall be redefined by 42 resolution of the board of education, after a public hearing thereon, 43 and approval by the qualified voters of the school district. If the 44 qualified voters of the school district shall not approve of the resol- 45 ution, the board of education shall submit a second resolution for 46 approval by the qualified voters of the school district, after a public 47 hearing thereon, within ninety days. If the qualified voters of the 48 school district shall not approve of such resolution for a second time, 49 the board of education shall continue the membership and terms of the 50 current board until the next annual meeting and election at which time 51 the terms of all current trustees shall terminate. At the next annual 52 meeting and election, trustees shall be elected by a vote of the quali- 53 fied voters of the school district pursuant to article forty-three of 54 this title. 55 (vi) After a school election ward system shall have been established, 56 the term of every existing trustee shall terminate on the thirtieth dayA. 10992 3 1 of June next succeeding the first annual meeting and election following 2 voter approval of the referendum, at which time the terms for each 3 elected school ward trustee shall commence. 4 c. The term of office of each trustee from a school election ward 5 shall be three, four, or five years, to be determined at the discretion 6 of the board of education by resolution prior to the referendum; 7 provided however that the resolution shall also designate that in the 8 first annual meeting and election after the adoption of a school 9 election ward system, the initial terms shall be divided into terms of 10 three, four, or five years so that as nearly as possible an equal number 11 of trustees shall be elected each year. In each election cycle thereaft- 12 er, the terms of office shall be uniform. In each school election ward, 13 the candidate receiving a plurality of votes in each school election 14 ward shall be declared elected to that position. 15 d. Whenever a vacancy shall occur or exist in the office of a ward 16 trustee of a board of education, such vacancy shall be filled pursuant 17 to this article and part one of article forty-three of this title. 18 e. Except as provided in this subdivision, all provisions of this 19 article, article forty-one, and article forty-three of this title or of 20 any other general law relating to or affecting the election of trustees 21 in a union free school district shall apply to school election wards 22 organized pursuant to this subdivision and to the election of trustees 23 by the qualified voters of a school district as established pursuant to 24 paragraph f and subparagraph (iv) of paragraph b of this subdivision. 25 f. A board of education of a union free school district which has 26 established school election wards pursuant to this subdivision may, by 27 resolution and subject to a mandatory referendum, abolish the school 28 election ward system and return to election of trustees by a vote of the 29 qualified voters of the school district. Adoption, assessment, public 30 hearing and notice, and voting requirements of such resolution and 31 referendum shall comply with the provisions of subparagraphs (i), (ii), 32 and (iii) of paragraph b of this subdivision. 33 g. For the purpose of this subdivision, "contiguous community of 34 interest" means a contiguous population which shares common social and 35 economic interests that should be included within a single district for 36 purposes of its effective and fair representation. 37 § 2. Section 1804 of the education law is amended by adding a new 38 subdivision 13 to read as follows: 39 13. a. Notwithstanding any other provision of law to the contrary, a 40 board of education of a central school district contained entirely or 41 partially within Rockland county may, by resolution and subject to a 42 mandatory referendum, establish school election wards for purposes of 43 electing individual school board members. There shall be five, seven or 44 nine school election wards within a school district. One member shall be 45 chosen from each ward by the qualified voters therein. Within such 46 resolution, a board of education may require that a member elected to 47 represent a ward shall be a resident of such ward. Such resolution shall 48 also provide for the signature requirements for nominating petitions 49 consistent with the applicable provisions of this chapter. 50 b. (i) A resolution by the board of education, which shall be passed 51 no less than one hundred eighty days prior to a related referendum being 52 placed before the qualified voters of the school district during the 53 annual meeting and election, shall include an assessment and finding, 54 which shall take into account any historic disenfranchisement or 55 discrimination against any group of individuals within the school 56 district based upon race, gender, ethnicity, religion, socio-economicA. 10992 4 1 status, or sexual orientation, including that no disenfranchisement or 2 discrimination would result from the adoption of the proposed resol- 3 ution. The board of education shall conduct no fewer than three public 4 hearings on such resolution. 5 (ii) Such public hearings shall be conducted not less than thirty nor 6 more than ninety days prior to a vote on the resolution by a majority of 7 the qualified voters of the district. The public hearings shall be held 8 at a school district building or other appropriate building, each within 9 a different proposed school election ward. If there is no school 10 district building or other appropriate building within three separate 11 proposed school election wards, a meeting shall be held at the school 12 building or other appropriate building closest in proximity to the 13 proposed school election ward or wards containing no school district 14 buildings or other appropriate buildings. The district clerk shall give 15 notice of the public hearing by publishing a notice five times within 16 fifteen days preceding the hearings, on the district's website and in 17 two newspapers if there shall be two, or in one newspaper if there shall 18 be but one, having general circulation within such district. But if no 19 newspaper shall then have general circulation therein, said notice shall 20 be posted in at least twenty of the most public places in said district 21 fifteen days before the time of the first hearing. 22 (iii) Following such public hearings, a proposition for approval of 23 such resolution and the boundaries of proposed school election wards by 24 a majority of the qualified voters of such district shall be submitted 25 at the next succeeding annual meeting and election. The district clerk 26 shall give notice of such proposition by publishing notice prior to the 27 election, in the same manner and publication as the public hearing, set 28 forth in this section, specifying the time when and place or places 29 where such election will be held, the hours during which the polls will 30 remain open for the purpose of receiving ballots, and setting forth in 31 full the language of the proposition to be approved at such election. In 32 any event, there shall be at least one polling location for every 33 fifteen thousand eligible voters in the district and the hours of the 34 election shall commence no later than six o'clock in the morning and 35 shall end no earlier than nine o'clock in the evening. 36 (iv) At least fifteen days prior to conducting public hearings, the 37 board of education shall define and publish, by resolution, boundaries 38 of each of the school election wards. Should such map be altered as a 39 result of the public hearings, the amended map shall be published pursu- 40 ant to this paragraph no later than fifteen days before the election. 41 Such wards shall be contiguous and each ward shall contain as nearly as 42 possible the same number of inhabitants. Each ward shall also conform as 43 closely as possible with the attendance zone of the school district, 44 conform as closely as possible with geographic and other physical bound- 45 aries, and retain contiguous communities of interest. 46 (v) A map of each ward and the boundaries thereof shall be created 47 with the original filed with the district clerk within ten days of the 48 resolution and copies thereof filed in the board of elections of the 49 county. Upon each issuance of a federal decennial census, the board of 50 education shall either: (A) make a written finding that, upon examina- 51 tion of the decennial census, the current school election wards contain 52 nearly as possible the same number of inhabitants and that no discrimi- 53 nation or disenfranchisement would result if the wards remained as 54 established; or (B) the school election wards shall be redefined by 55 resolution of the board of education, after a public hearing thereon, 56 and approval by the qualified voters of the school district. If theA. 10992 5 1 qualified voters of the school district shall not approve of the resol- 2 ution, the board of education shall submit a second resolution for 3 approval by the qualified voters of the school district, after a public 4 hearing thereon, within ninety days. If the qualified voters of the 5 school district shall not approve of such resolution for a second time, 6 the board of education shall continue the membership and terms of the 7 current board until the next annual meeting and election at which time 8 the terms of all current members shall terminate. At the next annual 9 meeting and election, members shall be elected by a vote of the quali- 10 fied voters of the school district pursuant to article forty-three of 11 this title. 12 (vi) After a school election ward system shall have been established, 13 the term of every existing member shall terminate on the thirtieth day 14 of June next succeeding the first annual meeting and election following 15 voter approval of the referendum, at which time the terms for each 16 elected school ward member shall commence. 17 c. The term of office of each school board member from a school 18 election ward shall be three, four, or five years, to be determined at 19 the discretion of the board of education by resolution prior to the 20 referendum; provided however that the resolution shall also designate 21 that in the first annual meeting and election after the adoption of a 22 school election ward system, the initial terms shall be divided into 23 terms of three, four, or five years so that as nearly as possible an 24 equal number of trustees shall be elected each year. In each election 25 cycle thereafter, the terms of office shall be uniform. In each election 26 ward, the candidate receiving a plurality of votes in each election ward 27 shall be declared elected to that position. 28 d. Whenever a vacancy shall occur or exist in the office of a member 29 of a board of education, such vacancy shall be filled pursuant to this 30 article and part one of article forty-three of this title. 31 e. Except as provided in this subdivision, all provisions of this 32 article, article forty-one, and article forty-three of this title or of 33 any other general law relating to or affecting the election of school 34 board members in a central school district shall apply to school 35 election wards organized pursuant to this subdivision and to the 36 election of members by the qualified voters of a school district as 37 established pursuant to paragraph f and subparagraph (iv) of paragraph b 38 of this subdivision. 39 f. A board of education of a central school district which has estab- 40 lished school election wards pursuant to this subdivision may, by resol- 41 ution and subject to a mandatory referendum, abolish the school election 42 ward system and return to election of trustees by a vote of the quali- 43 fied voters of the school district. Adoption, assessment, public hearing 44 and notice, and voting requirements of such resolution and referendum 45 shall comply with the provisions of subparagraphs (i), (ii), and (iii) 46 of paragraph b of this subdivision. 47 g. For the purpose of this subdivision, "contiguous community of 48 interest" means a contiguous population which shares common social and 49 economic interests that should be included within a single district for 50 purposes of its effective and fair representation. 51 § 3. This act shall take effect immediately.
