S T A T E   O F   N E W   Y O R K
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                                  5846

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 8, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1702 of the education law is amended by adding a
new subdivision 4 to read as follows:
  4. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT MAY, UPON RESOLUTION,
ESTABLISH  SCHOOL  ELECTION  WARDS  FOR  PURPOSES OF ELECTING INDIVIDUAL
TRUSTEES. THERE MAY BE AT LEAST THREE, BUT NOT MORE  THAN  NINE,  SCHOOL
ELECTION  WARDS  WITHIN  A  SCHOOL DISTRICT. ONE TRUSTEE SHALL BE CHOSEN
FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
  B. UPON APPROVAL BY RESOLUTION, THE BOARD OF EDUCATION SHALL CONDUCT A
PUBLIC HEARING, AFTER WHICH A REFERENDUM SHALL BE PRESENTED FOR APPROVAL
BY A MAJORITY OF THE VOTERS AT THE NEXT SUCCEEDING GENERAL ELECTION.  IF
SO APPROVED, WITHIN FIVE MONTHS OF SUCH APPROVAL, THE BOARD OF EDUCATION
SHALL  DEFINE AND PUBLISH BY RESOLUTION BOUNDARIES OF EACH OF THE SCHOOL
ELECTION WARDS WHICH SAID WARDS SHALL BE CONTIGUOUS AND  EACH  OF  WHICH
SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. SUCH
WARDS  SHALL BE ESTABLISHED FOR THE NEXT SCHOOL BOARD ELECTION FOLLOWING
VOTER APPROVAL OF THE REFERENDUM IN THE GENERAL ELECTION. UPON  ADOPTING
A  SYSTEM  COMPRISED  OF SCHOOL ELECTION WARDS, ALL SITTING SCHOOL BOARD
TRUSTEES SHALL SERVE THE REMAINDER OF HIS OR HER TERM, AND  HIS  OR  HER
SUCCESSOR  SHALL  BE  ELECTED  ON  THE BASIS OF THE SCHOOL ELECTION WARD
SYSTEM. THE BOUNDARIES OF THE SAID SCHOOL ELECTION WARDS MAY  THEREAFTER
BE  REDEFINED  BY  THE  BOARD OF EDUCATION BY RESOLUTION, AFTER A PUBLIC
HEARING THEREON, UPON EACH ISSUANCE OF A FEDERAL  DECENNIAL  CENSUS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04546-05-5

              

S. 5846                             2

SUCH  RESOLUTION SHALL BE ESTABLISHED AT LEAST EIGHT MONTHS PRIOR TO THE
NEXT ELECTION FOR SCHOOL BOARD TRUSTEE OR TRUSTEES.
  C.  THE  TERM OF OFFICE OF EACH MEMBER OF A SCHOOL BOARD FROM A SCHOOL
ELECTION WARD SHALL BE THREE YEARS.
  D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE  OFFICE  OF  A  WARD
TRUSTEE  OF A 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 TRUSTEES OF THE BOARD OF
EDUCATION WITHIN THIRTY  DAYS  OF  THE  DATE  SUCH  VACANCY  SHALL  HAVE
OCCURRED. NO PERSON SHALL BE APPOINTED TO FILL A VACANCY OF A WARD TRUS-
TEE  OF A BOARD OF EDUCATION UNLESS HE OR SHE FULFILLS ALL OF THE QUALI-
FICATIONS IN THIS SUBDIVISION TO ENABLE HIM OR HER TO BE A CANDIDATE FOR
THE OFFICE OF A  TRUSTEE  OF  THE  BOARD  OF  EDUCATION  FROM  THE  WARD
INVOLVED.
  S  2.  Section  1804  of  the education law is amended by adding a new
subdivision 13 to read as follows:
  13. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  A
BOARD  OF  EDUCATION  OF A CENTRAL SCHOOL DISTRICT MAY, UPON RESOLUTION,
ESTABLISH SCHOOL ELECTION WARDS  FOR  PURPOSES  OF  ELECTING  INDIVIDUAL
SCHOOL  BOARD  MEMBERS.  THERE  MAY BE AT LEAST THREE, BUT NOT MORE THAN
NINE, SCHOOL ELECTION WARDS WITHIN A SCHOOL DISTRICT. ONE  MEMBER  SHALL
BE CHOSEN FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
  B. UPON APPROVAL BY RESOLUTION, THE BOARD OF EDUCATION SHALL CONDUCT A
PUBLIC HEARING, AFTER WHICH A REFERENDUM SHALL BE PRESENTED FOR APPROVAL
BY  A MAJORITY OF THE VOTERS AT THE NEXT SUCCEEDING GENERAL ELECTION. IF
SO APPROVED, WITHIN FIVE MONTHS OF SUCH APPROVAL, THE BOARD OF EDUCATION
SHALL DEFINE AND PUBLISH BY RESOLUTION BOUNDARIES OF EACH OF THE  SCHOOL
ELECTION  WARDS  WHICH  SAID WARDS SHALL BE CONTIGUOUS AND EACH OF WHICH
SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. SUCH
WARDS SHALL BE ESTABLISHED FOR THE NEXT SCHOOL BOARD ELECTION  FOLLOWING
VOTER  APPROVAL OF THE REFERENDUM IN THE GENERAL ELECTION. UPON ADOPTING
A SYSTEM COMPRISED OF SCHOOL ELECTION WARDS, ALL  SITTING  SCHOOL  BOARD
MEMBERS  SHALL  SERVE  THE  REMAINDER OF HIS OR HER TERM, AND HIS OR HER
SUCCESSOR SHALL BE ELECTED ON THE BASIS  OF  THE  SCHOOL  ELECTION  WARD
SYSTEM.  THE BOUNDARIES OF THE SAID SCHOOL ELECTION WARDS MAY THEREAFTER
BE REDEFINED BY THE BOARD OF EDUCATION BY  RESOLUTION,  AFTER  A  PUBLIC
HEARING  THEREON,  UPON  EACH ISSUANCE OF A FEDERAL DECENNIAL CENSUS AND
SUCH RESOLUTION SHALL BE ESTABLISHED AT LEAST EIGHT MONTHS PRIOR TO  THE
NEXT ELECTION FOR SCHOOL BOARD MEMBER OR MEMBERS.
  C.  THE  TERM OF OFFICE OF EACH MEMBER OF A SCHOOL BOARD FROM A SCHOOL
ELECTION WARD SHALL BE THREE YEARS.
  D. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE  OFFICE  OF  A  WARD
MEMBER  OF  A 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  SUCH  VACANCY  SHALL  HAVE
OCCURRED.  NO  PERSON  SHALL  BE  APPOINTED  TO FILL A VACANCY OF A WARD
MEMBER OF A BOARD OF EDUCATION UNLESS HE OR  SHE  FULFILLS  ALL  OF  THE
QUALIFICATIONS  IN  THIS SUBDIVISION TO ENABLE HIM OR HER TO BE A CANDI-
DATE FOR THE OFFICE OF A MEMBER OF THE BOARD OF EDUCATION FROM THE  WARD
INVOLVED.
  S 3. This act shall take effect immediately.