Bill Text: NY S01848 | 2021-2022 | General Assembly | Introduced


Bill Title: Authorizes the boards of education in union free school districts and central school districts to establish wards for the purpose of school board elections in Orange County.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-05-23 - referred to education [S01848 Detail]

Download: New_York-2021-S01848-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1848

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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 the  establishment  of
          school  election  wards  in  union  free  school districts and central
          school districts contained entirely or partially within Orange county

          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  Orange  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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05267-01-1

        S. 1848                             2

     1    (ii) Such public hearings shall be conducted not less than thirty  nor
     2  more than ninety days prior to a vote on the resolution by a majority of
     3  the  qualified  voters  of  the  district. The district clerk shall give
     4  notice of the public hearing by publishing a notice  five  times  within
     5  fifteen days preceding the hearing, on the district's website and in two
     6  newspapers  if there shall be two, or in one newspaper if there shall be
     7  but one, having general circulation within  such  district.  But  if  no
     8  newspaper shall then have general circulation therein, said notice shall
     9  be  posted in at least twenty of the most public places in said district
    10  fifteen days before the time of the first hearing.
    11    (iii) Following such public hearings, a proposition  for  approval  of
    12  such  resolution and the boundaries of proposed school election wards by
    13  a majority of the qualified voters of such district shall  be  submitted
    14  at  the  next succeeding annual meeting and election. The district clerk
    15  shall give notice of such proposition by publishing notice prior to  the
    16  election, in the same manner and publication as the public hearings, set
    17  forth  in  this  section,  specifying  the time when and place or places
    18  where such election will be held, the hours during which the polls  will
    19  remain  open  for the purpose of receiving ballots, and setting forth in
    20  full the language of the proposition to be approved at such election. In
    21  any event, there shall be  at  least  one  polling  location  for  every
    22  fifteen  thousand  eligible  voters in the district and the hours of the
    23  election shall commence no later than six o'clock  in  the  morning  and
    24  shall end no earlier than nine o'clock in the evening.
    25    (iv)  At  least  fifteen days prior to conducting public hearings, the
    26  board of education shall define and publish, by  resolution,  boundaries
    27  of  each  of  the  proposed  school  election  wards. Should such map be
    28  altered as a result of the public hearings, the  amended  map  shall  be
    29  published  pursuant  to this paragraph no later than fifteen days before
    30  the election. Such wards shall be contiguous and each ward shall contain
    31  as nearly as possible the same number of inhabitants.  Each  ward  shall
    32  also  conform  as  closely  as  possible with the attendance zone of the
    33  school district, conform as closely  as  possible  with  geographic  and
    34  other  physical  boundaries, and retain contiguous communities of inter-
    35  est.
    36    (v) A map of each ward and the boundaries  thereof  shall  be  created
    37  with  the  original filed with the district clerk within ten days of the
    38  resolution and copies thereof filed in the board  of  elections  of  the
    39  county.  Upon  each issuance of a federal decennial census, the board of
    40  education shall either: (A) make a written finding that,  upon  examina-
    41  tion  of the decennial census, the current school election wards contain
    42  nearly as possible the same number of inhabitants and that no  discrimi-
    43  nation  or  disenfranchisement  would  result  if  the wards remained as
    44  established; or (B) the school election  wards  shall  be  redefined  by
    45  resolution  of  the  board of education, after a public hearing thereon,
    46  and approval by the qualified voters of  the  school  district.  If  the
    47  qualified  voters of the school district shall not approve of the resol-
    48  ution, the board of education  shall  submit  a  second  resolution  for
    49  approval  by the qualified voters of the school district, after a public
    50  hearing thereon, within ninety days. If  the  qualified  voters  of  the
    51  school  district shall not approve of such resolution for a second time,
    52  the board of education shall continue the membership and  terms  of  the
    53  current  board  until the next annual meeting and election at which time
    54  the terms of all current trustees shall terminate. At  the  next  annual
    55  meeting  and election, trustees shall be elected by a vote of the quali-

        S. 1848                             3

     1  fied voters of the school district pursuant to  article  forty-three  of
     2  this title.
     3    (vi)  After a school election ward system shall have been established,
     4  the term of every existing trustee shall terminate on the thirtieth  day
     5  of  June next succeeding the first annual meeting and election following
     6  voter approval of the referendum, at  which  time  the  terms  for  each
     7  elected school ward trustee shall commence.
     8    c.  The  term  of  office  of each trustee from a school election ward
     9  shall be three, four, or five years, to be determined at the  discretion
    10  of  the  board  of  education  by  resolution  prior  to the referendum;
    11  provided however that the resolution shall also designate  that  in  the
    12  first  annual  meeting  and  election  after  the  adoption  of a school
    13  election ward system, the initial terms shall be divided into  terms  of
    14  three, four, or five years so that as nearly as possible an equal number
    15  of trustees shall be elected each year. In each election cycle thereaft-
    16  er,  the terms of office shall be uniform. In each school election ward,
    17  the candidate receiving a plurality of votes  in  each  school  election
    18  ward shall be declared elected to that position.
    19    d.  Whenever  a  vacancy  shall occur or exist in the office of a ward
    20  trustee of a board of education, such vacancy shall be  filled  pursuant
    21  to this article and part one of article forty-three of this title.
    22    e.  Except  as  provided  in  this subdivision, all provisions of this
    23  article, article forty-one, and article forty-three of this title or  of
    24  any  other general law relating to or affecting the election of trustees
    25  in a union free school district shall apply  to  school  election  wards
    26  organized  pursuant  to this subdivision and to the election of trustees
    27  by the qualified voters of a school district as established pursuant  to
    28  paragraph f and subparagraph (iv) of paragraph b of this subdivision.
    29    f.  A  board  of  education  of a union free school district which has
    30  established school election wards pursuant to this subdivision  may,  by
    31  resolution  and  subject  to  a mandatory referendum, abolish the school
    32  election ward system and return to election of trustees by a vote of the
    33  qualified voters of the school district.  Adoption,  assessment,  public
    34  hearing  and  notice,  and  voting  requirements  of such resolution and
    35  referendum shall comply with the provisions of subparagraphs (i),  (ii),
    36  and (iii) of paragraph b of this subdivision.
    37    g.  For  the  purpose  of  this  subdivision, "contiguous community of
    38  interest" means a contiguous population which shares common  social  and
    39  economic  interests that should be included within a single district for
    40  purposes of its effective and fair representation.
    41    § 2. Section 1804 of the education law is  amended  by  adding  a  new
    42  subdivision 13 to read as follows:
    43    13.  a.  Notwithstanding any other provision of law to the contrary, a
    44  board of education of a central school district  contained  entirely  or
    45  partially  within  Orange  county  may,  by  resolution and subject to a
    46  mandatory referendum, establish school election wards  for  purposes  of
    47  electing  individual school board members. There shall be five, seven or
    48  nine school election wards within a school district. One member shall be
    49  chosen from each ward by  the  qualified  voters  therein.  Within  such
    50  resolution,  a  board  of education may require that a member elected to
    51  represent a ward shall be a resident of such ward. Such resolution shall
    52  also provide for the signature  requirements  for  nominating  petitions
    53  consistent with the applicable provisions of this chapter.
    54    b.  (i)  A resolution by the board of education, which shall be passed
    55  no less than one hundred eighty days prior to a related referendum being
    56  placed before the qualified voters of the  school  district  during  the

        S. 1848                             4

     1  annual  meeting  and  election, shall include an assessment and finding,
     2  which  shall  take  into  account  any  historic  disenfranchisement  or
     3  discrimination  against  any  group  of  individuals  within  the school
     4  district  based  upon  race, gender, ethnicity, religion, socio-economic
     5  status, or sexual orientation, including that no  disenfranchisement  or
     6  discrimination  would  result  from  the adoption of the proposed resol-
     7  ution.  The board of education shall conduct no fewer than three  public
     8  hearings on such resolution.
     9    (ii)  Such public hearings shall be conducted not less than thirty nor
    10  more than ninety days prior to a vote on the resolution by a majority of
    11  the qualified voters of the district. The public hearings shall be  held
    12  at a school district building or other appropriate building, each within
    13  a  different  proposed  school  election  ward.  If  there  is no school
    14  district building or other appropriate building  within  three  separate
    15  proposed  school  election  wards, a meeting shall be held at the school
    16  building or other appropriate  building  closest  in  proximity  to  the
    17  proposed  school  election  ward  or wards containing no school district
    18  buildings or other appropriate buildings. The district clerk shall  give
    19  notice  of  the  public hearing by publishing a notice five times within
    20  fifteen days preceding the hearings, on the district's  website  and  in
    21  two newspapers if there shall be two, or in one newspaper if there shall
    22  be  but  one, having general circulation within such district. But if no
    23  newspaper shall then have general circulation therein, said notice shall
    24  be posted in at least twenty of the most public places in said  district
    25  fifteen days before the time of the first hearing.
    26    (iii)  Following  such  public hearings, a proposition for approval of
    27  such resolution and the boundaries of proposed school election wards  by
    28  a  majority  of the qualified voters of such district shall be submitted
    29  at the next succeeding annual meeting and election. The  district  clerk
    30  shall  give notice of such proposition by publishing notice prior to the
    31  election, in the same manner and publication as the public hearing,  set
    32  forth  in  this  section,  specifying  the time when and place or places
    33  where such election will be held, the hours during which the polls  will
    34  remain  open  for the purpose of receiving ballots, and setting forth in
    35  full the language of the proposition to be approved at such election. In
    36  any event, there shall be  at  least  one  polling  location  for  every
    37  fifteen  thousand  eligible  voters in the district and the hours of the
    38  election shall commence no later than six o'clock  in  the  morning  and
    39  shall end no earlier than nine o'clock in the evening.
    40    (iv)  At  least  fifteen days prior to conducting public hearings, the
    41  board of education shall define and publish, by  resolution,  boundaries
    42  of  each  of  the school election wards. Should such map be altered as a
    43  result of the public hearings, the amended map shall be published pursu-
    44  ant to this paragraph no later than fifteen days  before  the  election.
    45  Such  wards shall be contiguous and each ward shall contain as nearly as
    46  possible the same number of inhabitants. Each ward shall also conform as
    47  closely as possible with the attendance zone  of  the  school  district,
    48  conform as closely as possible with geographic and other physical bound-
    49  aries, and retain contiguous communities of interest.
    50    (v)  A  map  of  each ward and the boundaries thereof shall be created
    51  with the original filed with the district clerk within ten days  of  the
    52  resolution  and  copies  thereof  filed in the board of elections of the
    53  county. Upon each issuance of a federal decennial census, the  board  of
    54  education  shall  either: (A) make a written finding that, upon examina-
    55  tion of the decennial census, the current school election wards  contain
    56  nearly  as possible the same number of inhabitants and that no discrimi-

        S. 1848                             5

     1  nation or disenfranchisement would  result  if  the  wards  remained  as
     2  established;  or  (B)  the  school  election wards shall be redefined by
     3  resolution of the board of education, after a  public  hearing  thereon,
     4  and  approval  by  the  qualified  voters of the school district. If the
     5  qualified voters of the school district shall not approve of the  resol-
     6  ution,  the  board  of  education  shall  submit a second resolution for
     7  approval by the qualified voters of the school district, after a  public
     8  hearing  thereon,  within  ninety  days.  If the qualified voters of the
     9  school district shall not approve of such resolution for a second  time,
    10  the  board  of  education shall continue the membership and terms of the
    11  current board until the next annual meeting and election at  which  time
    12  the  terms  of  all  current members shall terminate. At the next annual
    13  meeting and election, members shall be elected by a vote of  the  quali-
    14  fied  voters  of  the school district pursuant to article forty-three of
    15  this title.
    16    (vi) After a school election ward system shall have been  established,
    17  the  term  of every existing member shall terminate on the thirtieth day
    18  of June next succeeding the first annual meeting and election  following
    19  voter  approval  of  the  referendum,  at  which time the terms for each
    20  elected school ward member shall commence.
    21    c. The term of office of  each  school  board  member  from  a  school
    22  election  ward  shall be three, four, or five years, to be determined at
    23  the discretion of the board of education  by  resolution  prior  to  the
    24  referendum;  provided  however  that the resolution shall also designate
    25  that in the first annual meeting and election after the  adoption  of  a
    26  school  election  ward  system,  the initial terms shall be divided into
    27  terms of three, four, or five years so that as  nearly  as  possible  an
    28  equal  number  of  trustees shall be elected each year. In each election
    29  cycle thereafter, the terms of office shall be uniform. In each election
    30  ward, the candidate receiving a plurality of votes in each election ward
    31  shall be declared elected to that position.
    32    d. Whenever a vacancy shall occur or exist in the office of  a  member
    33  of  a  board of education, such vacancy shall be filled pursuant to this
    34  article and part one of article forty-three of this title.
    35    e. Except as provided in this  subdivision,  all  provisions  of  this
    36  article,  article forty-one, and article forty-three of this title or of
    37  any other general law relating to or affecting the  election  of  school
    38  board  members  in  a  central  school  district  shall  apply to school
    39  election wards  organized  pursuant  to  this  subdivision  and  to  the
    40  election  of  members  by  the  qualified voters of a school district as
    41  established pursuant to paragraph f and subparagraph (iv) of paragraph b
    42  of this subdivision.
    43    f. A board of education of a central school district which has  estab-
    44  lished school election wards pursuant to this subdivision may, by resol-
    45  ution and subject to a mandatory referendum, abolish the school election
    46  ward  system  and return to election of trustees by a vote of the quali-
    47  fied voters of the school district. Adoption, assessment, public hearing
    48  and notice, and voting requirements of such  resolution  and  referendum
    49  shall  comply  with the provisions of subparagraphs (i), (ii), and (iii)
    50  of paragraph b of this subdivision.
    51    g. For the purpose  of  this  subdivision,  "contiguous  community  of
    52  interest"  means  a contiguous population which shares common social and
    53  economic interests that should be included within a single district  for
    54  purposes of its effective and fair representation.
    55    § 3. This act shall take effect immediately.
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