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. LBD02793-02-1S. 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 publicS. 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 toS. 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 asS. 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 electionS. 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.