Bill Text: NY S02053 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes school election wards in Rockland county union free and central school districts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-23 - referred to education [S02053 Detail]

Download: New_York-2021-S02053-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2053--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 19, 2021
                                       ___________

        Introduced  by Sens. REICHLIN-MELNICK, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Educa-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee

        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. This subdivision shall not be available to any school district that
    15  is  subject  to a court order related to the creation of school election
    16  wards. Nothing in this subdivision shall be construed to limit,  modify,
    17  alter,  or  otherwise  interfere  with  any  court order relating to the
    18  creation of school election wards.
    19    c. (i) A resolution by the board of education, which shall  be  passed
    20  no less than one hundred eighty days prior to a related referendum being
    21  placed  before  the  qualified  voters of the school district during the
    22  annual meeting and election, shall include an  assessment  and  finding,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02793-02-1

        S. 2053--A                          2

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

        S. 2053--A                          3

     1  hearing thereon, within ninety days. If  the  qualified  voters  of  the
     2  school  district shall not approve of such resolution for a second time,
     3  the board of education shall continue the membership and  terms  of  the
     4  current  board  until the next annual meeting and election at which time
     5  the terms of all current trustees shall terminate. At  the  next  annual
     6  meeting  and election, trustees shall be elected by a vote of the quali-
     7  fied voters of the school district pursuant to  article  forty-three  of
     8  this title.
     9    (vi)  After a school election ward system shall have been established,
    10  the term of every existing trustee shall terminate on the thirtieth  day
    11  of  June next succeeding the first annual meeting and election following
    12  voter approval of the referendum, at  which  time  the  terms  for  each
    13  elected school ward trustee shall commence.
    14    d.  The  term  of  office  of each trustee from a school election ward
    15  shall be three, four, or five years, to be determined at the  discretion
    16  of  the  board  of  education  by  resolution  prior  to the referendum;
    17  provided however that the resolution shall also designate  that  in  the
    18  first  annual  meeting  and  election  after  the  adoption  of a school
    19  election ward system, the initial terms shall be divided into  terms  of
    20  three, four, or five years so that as nearly as possible an equal number
    21  of trustees shall be elected each year. In each election cycle thereaft-
    22  er,  the terms of office shall be uniform. In each school election ward,
    23  the candidate receiving a plurality of votes  in  each  school  election
    24  ward shall be declared elected to that position.
    25    e.  Whenever  a  vacancy  shall occur or exist in the office of a ward
    26  trustee of a board of education, such vacancy shall be  filled  pursuant
    27  to this article and part one of article forty-three of this title.
    28    f.  Except  as  provided  in  this subdivision, all provisions of this
    29  article, article forty-one, and article forty-three of this title or  of
    30  any  other general law relating to or affecting the election of trustees
    31  in a union free school district shall apply  to  school  election  wards
    32  organized  pursuant  to this subdivision and to the election of trustees
    33  by the qualified voters of a school district as established pursuant  to
    34  paragraph g and subparagraph (iv) of paragraph c of this subdivision.
    35    g.  A  board  of  education  of a union free school district which has
    36  established school election wards pursuant to this subdivision  may,  by
    37  resolution  and  subject  to  a mandatory referendum, abolish the school
    38  election ward system and return to election of trustees by a vote of the
    39  qualified voters of the school district.  Adoption,  assessment,  public
    40  hearing  and  notice,  and  voting  requirements  of such resolution and
    41  referendum shall comply with the provisions of subparagraphs (i),  (ii),
    42  and (iii) of paragraph c of this subdivision.
    43    h.  For  the  purpose  of  this  subdivision, "contiguous community of
    44  interest" means a contiguous population which shares common  social  and
    45  economic  interests that should be included within a single district for
    46  purposes of its effective and fair representation.
    47    § 2. Section 1804 of the education law is  amended  by  adding  a  new
    48  subdivision 13 to read as follows:
    49    13.  a.  Notwithstanding any other provision of law to the contrary, a
    50  board of education of a central school district  contained  entirely  or
    51  partially  within  Rockland  county  may, by resolution and subject to a
    52  mandatory referendum, establish school election wards  for  purposes  of
    53  electing  individual school board members. There shall be five, seven or
    54  nine school election wards within a school district. One member shall be
    55  chosen from each ward by  the  qualified  voters  therein.  Within  such
    56  resolution,  a  board  of education may require that a member elected to

        S. 2053--A                          4

     1  represent a ward shall be a resident of such ward. Such resolution shall
     2  also provide for the signature  requirements  for  nominating  petitions
     3  consistent with the applicable provisions of this chapter.
     4    b. This subdivision shall not be available to any school district that
     5  is  subject  to a court order related to the creation of school election
     6  wards. Nothing in this subdivision shall be construed to limit,  modify,
     7  alter,  or  otherwise  interfere  with  any  court order relating to the
     8  creation of school election wards.
     9    c. (i) A resolution by the board of education, which shall  be  passed
    10  no less than one hundred eighty days prior to a related referendum being
    11  placed  before  the  qualified  voters of the school district during the
    12  annual meeting and election, shall include an  assessment  and  finding,
    13  which  shall  take  into  account  any  historic  disenfranchisement  or
    14  discrimination against  any  group  of  individuals  within  the  school
    15  district  based  upon  race, gender, ethnicity, religion, socio-economic
    16  status, or sexual orientation, including that no  disenfranchisement  or
    17  discrimination  would  result  from  the adoption of the proposed resol-
    18  ution. The board of education shall conduct no fewer than  three  public
    19  hearings on such resolution.
    20    (ii)  Such public hearings shall be conducted not less than thirty nor
    21  more than ninety days prior to a vote on the resolution by a majority of
    22  the qualified voters of the district. The public hearings shall be  held
    23  at a school district building or other appropriate building, each within
    24  a  different  proposed  school  election  ward.  If  there  is no school
    25  district building or other appropriate building  within  three  separate
    26  proposed  school  election  wards, a meeting shall be held at the school
    27  building or other appropriate  building  closest  in  proximity  to  the
    28  proposed  school  election  ward  or wards containing no school district
    29  buildings or other appropriate buildings. The district clerk shall  give
    30  notice  of  the  public hearing by publishing a notice five times within
    31  fifteen days preceding the hearings, on the district's  website  and  in
    32  two newspapers if there shall be two, or in one newspaper if there shall
    33  be  but  one, having general circulation within such district. But if no
    34  newspaper shall then have general circulation therein, said notice shall
    35  be posted in at least twenty of the most public places in said  district
    36  fifteen days before the time of the first hearing.
    37    (iii)  Following  such  public hearings, a proposition for approval of
    38  such resolution and the boundaries of proposed school election wards  by
    39  a  majority  of the qualified voters of such district shall be submitted
    40  at the next succeeding annual meeting and election.  The district  clerk
    41  shall  give notice of such proposition by publishing notice prior to the
    42  election, in the same manner and publication as the public hearing,  set
    43  forth  in  this  section,  specifying  the time when and place or places
    44  where such election will be held, the hours during which the polls  will
    45  remain  open  for the purpose of receiving ballots, and setting forth in
    46  full the language of the proposition to be approved at such election. In
    47  any event, there shall be  at  least  one  polling  location  for  every
    48  fifteen  thousand  eligible  voters in the district and the hours of the
    49  election shall commence no later than six o'clock  in  the  morning  and
    50  shall end no earlier than nine o'clock in the evening.
    51    (iv)  At  least  fifteen days prior to conducting public hearings, the
    52  board of education shall define and publish, by  resolution,  boundaries
    53  of  each  of  the school election wards. Should such map be altered as a
    54  result of the public hearings, the amended map shall be published pursu-
    55  ant to this paragraph no later than fifteen days  before  the  election.
    56  Such  wards shall be contiguous and each ward shall contain as nearly as

        S. 2053--A                          5

     1  possible the same number of inhabitants. Each ward shall also conform as
     2  closely as possible with the attendance zone  of  the  school  district,
     3  conform as closely as possible with geographic and other physical bound-
     4  aries, and retain contiguous communities of interest.
     5    (v)  A  map  of  each ward and the boundaries thereof shall be created
     6  with the original filed with the district clerk within ten days  of  the
     7  resolution  and  copies  thereof  filed in the board of elections of the
     8  county. Upon each issuance of a federal decennial census, the  board  of
     9  education  shall  either: (A) make a written finding that, upon examina-
    10  tion of the decennial census, the current school election wards  contain
    11  nearly  as possible the same number of inhabitants and that no discrimi-
    12  nation or disenfranchisement would  result  if  the  wards  remained  as
    13  established;  or  (B)  the  school  election wards shall be redefined by
    14  resolution of the board of education, after a  public  hearing  thereon,
    15  and  approval  by  the  qualified  voters of the school district. If the
    16  qualified voters of the school district shall not approve of the  resol-
    17  ution,  the  board  of  education  shall  submit a second resolution for
    18  approval by the qualified voters of the school district, after a  public
    19  hearing  thereon,  within  ninety  days.  If the qualified voters of the
    20  school district shall not approve of such resolution for a second  time,
    21  the  board  of  education shall continue the membership and terms of the
    22  current board until the next annual meeting and election at  which  time
    23  the  terms  of  all  current members shall terminate. At the next annual
    24  meeting and election, members shall be elected by a vote of  the  quali-
    25  fied  voters  of  the school district pursuant to article forty-three of
    26  this title.
    27    (vi) After a school election ward system shall have been  established,
    28  the  term  of every existing member shall terminate on the thirtieth day
    29  of June next succeeding the first annual meeting and election  following
    30  voter  approval  of  the  referendum,  at  which time the terms for each
    31  elected school ward member shall commence.
    32    d. The term of office of  each  school  board  member  from  a  school
    33  election  ward  shall be three, four, or five years, to be determined at
    34  the discretion of the board of education  by  resolution  prior  to  the
    35  referendum;  provided  however  that the resolution shall also designate
    36  that in the first annual meeting and election after the  adoption  of  a
    37  school  election  ward  system,  the initial terms shall be divided into
    38  terms of three, four, or five years so that as  nearly  as  possible  an
    39  equal  number  of  trustees shall be elected each year. In each election
    40  cycle thereafter, the terms of office shall be uniform. In each election
    41  ward, the candidate receiving a plurality of votes in each election ward
    42  shall be declared elected to that position.
    43    e. Whenever a vacancy shall occur or exist in the office of  a  member
    44  of  a  board of education, such vacancy shall be filled pursuant to this
    45  article and part one of article forty-three of this title.
    46    f. Except as provided in this  subdivision,  all  provisions  of  this
    47  article,  article forty-one, and article forty-three of this title or of
    48  any other general law relating to or affecting the  election  of  school
    49  board  members  in  a  central  school  district  shall  apply to school
    50  election wards  organized  pursuant  to  this  subdivision  and  to  the
    51  election  of  members  by  the  qualified voters of a school district as
    52  established pursuant to paragraph g and subparagraph (iv) of paragraph c
    53  of this subdivision.
    54    g. A board of education of a central school district which has  estab-
    55  lished school election wards pursuant to this subdivision may, by resol-
    56  ution and subject to a mandatory referendum, abolish the school election

        S. 2053--A                          6

     1  ward  system  and return to election of trustees by a vote of the quali-
     2  fied voters of the school district. Adoption, assessment, public hearing
     3  and notice, and voting requirements of such  resolution  and  referendum
     4  shall  comply  with the provisions of subparagraphs (i), (ii), and (iii)
     5  of paragraph c of this subdivision.
     6    h. For the purpose  of  this  subdivision,  "contiguous  community  of
     7  interest"  means  a contiguous population which shares common social and
     8  economic interests that should be included within a single district  for
     9  purposes of its effective and fair representation.
    10    § 3. This act shall take effect immediately.
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