2006 New York Code - Board Of Education; Election; Powers And Duties.

 
    § 1804. Board  of education; election; powers and duties. 1. Each such
  central school district  shall  be  managed  by  a  board  of  education
  consisting  of  five,  seven or nine members, which board shall have the
  same powers and duties as boards  of  education  in  union  free  school
  districts  as  prescribed  by  this  chapter. Except as provided in this
  article, all the provisions of this chapter or of any other general  law
  relating  to  or  affecting  union  free school districts shall apply to
  central districts organized as herein provided. The corporate  existence
  of  any  city  school district the territory of which is enlarged by the
  formation of a central school district pursuant to  this  article  shall
  continue  and  such  central  school  district  shall  be  and  shall be
  designated as a city  school  district  and  shall  be  subject  to  the
  provisions  of article fifty-one of this chapter and to those provisions
  of this article which  are  not  inconsistent  with  the  provisions  of
  article fifty-one.
    2.  The  first  board  of education shall be elected at the meeting at
  which  the  resolution  organizing  such  central  school  district  and
  establishing  a  central  school  is  adopted or in case the alternative
  voting procedure authorized by section eighteen hundred three-a of  this
  chapter  has  been  adopted,  at  the meeting referred to in subdivision
  seven of such section. It shall be the duty of  such  meeting  to  elect
  five, seven or nine members of the board of education who shall by order
  of  such  meeting be divided into a sufficient number of classes so that
  as nearly as possible an equal number of members shall be elected to the
  board each year.
    3. The number of members of the board of education of an organized and
  existing central school district may  be  increased  to  seven  or  nine
  members  in  the  same manner as increases are made in union free school
  districts. The number of members of a board containing nine members  may
  be  decreased  to  seven  or five members and the number of members of a
  board containing seven members may be decreased to five members  in  the
  same manner as decreases are made in union free school districts.
    * 4.  The  annual meeting and election in each central school district
  shall be held on the third Tuesday of May provided,  however  that  such
  annual  meeting  and election shall be held on the second Tuesday in May
  if the commissioner at the request of a local school board certifies  no
  later  than March first that such election would conflict with religious
  observances. Such annual meeting shall be conducted and the election  of
  members  of  the board shall be held in the same manner as in union free
  school districts organized and operating under the  provisions  of  this
  chapter.  The  board  of education of each central school district shall
  hold a budget hearing not less than seven nor more  than  fourteen  days
  prior to the annual or special district meeting at which a school budget
  vote  will  occur,  and  shall prepare and present to the voters at such
  budget hearing a proposed school district budget for the ensuing  school
  year.
    * NB Effective until April 1, 2006
    * 4.  The  annual meeting and election in each central school district
  shall be held on the third Tuesday of May provided,  however  that  such
  annual  meeting  and election shall be held on the second Tuesday in May
  if the commissioner at the request of a local school board certifies  no
  later  than March first that such election would conflict with religious
  observances, and any school budget revote shall  be  held  on  the  date
  specified  in  subdivision  three  of section two thousand seven of this
  title. Such annual meeting and school budget revote shall  be  conducted
  and  the  election  of  members  of  the board shall be held in the same
  manner as in union free school districts organized and  operating  under
  the  provisions  of this chapter. The board of education of each central
  school district shall hold a budget hearing not less than seven nor more
  than fourteen days prior to the annual or special  district  meeting  at
  which  a school budget vote will occur, and shall prepare and present to
  the  voters at such budget hearing a proposed school district budget for
  the ensuing school year.
    * NB Effective April 1, 2006
    5. a. Nothing herein contained  shall  be  construed  to  deprive  any
  existing  school district of the property belonging to such district, or
  to affect the indebtedness of said district. An existing district within
  the meaning of this article shall be construed to mean a  district  that
  lies  within  the  boundaries  of  a  central school district. Each such
  existing district shall be deemed to continue to exist in  law  for  the
  purpose  of  paying  all  its just debts, including obligations lawfully
  issued prior to  the  organization  of  such  central  school  district,
  together  with  all  interest  thereon  as  the  same shall fall due. In
  levying the annual school tax upon the property of such  central  school
  districts,  the  board  of education shall also assess and levy upon the
  taxable property of each such existing district which has an outstanding
  indebtedness,  an  additional  sum  sufficient  to  pay  all   of   such
  indebtedness  which  shall fall due during the school year for which the
  tax is levied less any sum received by such central school district  and
  apportioned and credited to the existing school district pursuant to the
  provisions  of  subdivision four of section eighteen hundred six of this
  article.
    b. Notwithstanding the provisions of paragraph a of this  subdivision,
  whenever a common school district or a union free school district shall,
  after  July  first,  nineteen  hundred  sixty-four,  become  a part of a
  central school district either pursuant to the provisions of subdivision
  one of section eighteen hundred two of this article, or pursuant to  the
  provisions  of  subdivision  two  thereof,  or whenever a central school
  district, after such date, shall become a part of another central school
  district pursuant to either  of  such  provisions,  the  central  school
  district,  of  which  any  such district shall have become a part, shall
  succeed to all the property rights of such common, union free or central
  school district  and  all  indebtedness  of  any  such  school  district
  evidenced  by bonds or notes or relating to school building construction
  shall become a charge upon such central school district  of  which  such
  district  shall  have  become  a part, but all other indebtedness of any
  such district shall be paid by any such district in accordance with  the
  provisions  of  section  fifteen hundred eighteen of this chapter and to
  that extent any such district shall continue to exist  in  law  for  the
  purpose  of providing for and paying all such indebtedness in accordance
  with the provisions of such section.
    6. a. The board of education shall not sell or  otherwise  dispose  of
  the property of any such existing district except with the approval of a
  majority  of  the qualified voters of such existing district present and
  voting upon the question at a meeting of such voters duly called by such
  board of education; provided, however, that upon the expiration of  five
  years  from  the date of discontinuance of a school, pursuant to section
  one thousand eight hundred five of this chapter, the board of  education
  may,  in  its  discretion,  without a vote by such qualified voters upon
  such question, sell or otherwise dispose, in the manner provided by law,
  of such a school or other building previously used for  school  purposes
  and  the  real  property  on  which it is situated. For that purpose the
  proceeds of such sale or disposal of property belonging to such existing
  district, after deducting the cost of repairs or improvements made after
  the organization of the central school district, shall be used  for  the
  payment  of  the  portion  payable  by  such  existing  district  of any
  outstanding indebtedness of such existing district which  shall  be  due
  and  payable or which may thereafter become due and payable. Any balance
  remaining after the payment of such indebtedness  shall  be  apportioned
  among  the  taxpayers  of such existing district as they appear upon the
  last completed town or city assessment roll preceding the date of  sale,
  providing  such  apportioned  sum shall equal or exceed five dollars and
  unless the voters of such existing district by a majority vote of  those
  present and voting at a special district meeting called for that purpose
  shall  vote  to  turn over the proceeds of such sale or disposal of such
  property to the central district to be  used  for  the  benefit  of  the
  central  district. Any balance of funds remaining in the treasury of the
  several districts included within the central school  district  on  July
  first  next  following  the  date  of  the establishment of such central
  school district, after paying all outstanding obligations then  due  and
  payable,  shall  be  turned  over to the treasurer of the central school
  district within thirty days thereafter and shall  become  available  for
  use  by the board of education of the central school district; provided,
  however, that if any such existing district shall have  any  obligations
  which shall become due and payable after such July first, so much of any
  such  balance  of  funds  as may be necessary shall be held in a special
  account by the treasurer of the central school district for the  purpose
  of  paying  the  principal of, and interest on, such obligations, as the
  same shall become due and payable from time to time. The  title  to  all
  property  erected  or  otherwise acquired after the organization of such
  central school  district  shall  be  vested  in  the  central  district,
  irrespective of the location of such property.
    b.  The  provisions  of  paragraph  a of this subdivision shall not be
  applicable to the property of any common or union free  school  district
  which,  after July first, nineteen hundred sixty-four, shall become part
  of a central school district, nor to any central school district  which,
  after such date, shall become part of another central school district.
    c.  Notwithstanding the provisions of paragraph a of this subdivision,
  the board of education of a central school district may, by  resolution,
  after a period of at least seven years of centralization, sell any piece
  of  real  property  which such board shall deem to be of no use or value
  therefor. The sale of such property shall be without the approval of the
  qualified voters of the school district,  unless  a  petition  requiring
  that the question as to the sale of such property be submitted to a vote
  by  the  qualified  voters  of  such  district.  Such  petition shall be
  subscribed and acknowledged by at least ten per centum of the  qualified
  voters  of  such  district,  and  filed  with  the clerk of the board of
  education within thirty days of the adoption of  such  resolution.  Upon
  the  affirmative  vote  of  a  majority  of the qualified voters, voting
  thereon, such resolution shall become effective.  The  proceeds  derived
  from  such  sale  shall  revert  to  the  use  and benefit of the entire
  district. Upon approval by the board of education, such funds may be (i)
  utilized  to  reduce  existing  bonded  indebtedness;  (ii)  applied  to
  construction,  reconstruction  or  renovation  within  such district; or
  (iii) applied to the general fund of such district.
    7. Deeds of property sold or disposed of under the provisions  of  the
  preceding subdivision shall be executed by the board of education of the
  central  school  district or a majority of the members thereof. Any deed
  duly executed and delivered by the board of  education  of  the  central
  school  district in the course of a sale or disposal of real property of
  a constituent district pursuant  to  the  provisions  of  the  preceding
  subdivision  shall  be  valid  and  effectual  to pass all the estate or
  interest of such constituent district in  the  premises.  All  deeds  or
  other  conveyances  of real property of any district heretofore made and
  delivered, executed by said board of education of  said  central  school
  district  by  its officers, or in the manner in which deeds are executed
  by corporations, or executed in any other manner, shall be as valid  and
  of  the  same force and effect as if executed by said board of education
  of said central school district or a majority of  the  members  thereof;
  but  this provision shall not affect any action or proceeding pending at
  the time of the taking effect hereof.
    8. The board of education may, in its discretion, provide compensation
  to a speaker or speakers at commencement day exercises in such amount as
  may be determined by the board.
    * 9. a. The board of education  shall,  for  purposes  of  a  criminal
  history  record  check,  require  the  fingerprinting of all prospective
  employees  pursuant  to  section  three  thousand  thirty-five  of  this
  chapter,  who  do  not  hold valid clearance pursuant to such section or
  pursuant to section three thousand four-b of  this  chapter  or  section
  five  hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
  traffic  law.  Prior  to  initiating  the  fingerprinting  process,  the
  prospective employer shall furnish the applicant with the form described
  in  paragraph (c) of subdivision thirty of section three hundred five of
  this chapter and shall obtain the applicant's consent  to  the  criminal
  history records search. Every set of fingerprints taken pursuant to this
  subdivision shall be promptly submitted to the commissioner for purposes
  of clearance for employment.
    b.  Upon  the  recommendation  of  the  superintendent,  the board may
  conditionally appoint a prospective employee. A request for  conditional
  clearance  shall  be  forwarded  to  the  commissioner  along  with  the
  prospective employee's fingerprints, as required by paragraph a of  this
  subdivision.  Such  appointment shall not commence until notification by
  the commissioner that the prospective employee  has  been  conditionally
  cleared for employment and shall terminate when the prospective employer
  is  notified  of  a  determination  by the commissioner to grant or deny
  clearance, provided that if clearance is granted the  appointment  shall
  continue   and  the  conditional  status  shall  be  removed.  Prior  to
  commencement of such conditional appointment, the  prospective  employer
  shall  obtain  a  signed  statement for conditional appointment from the
  prospective employee, indicating whether, to the  best  of  his  or  her
  knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
  conviction in any jurisdiction outside the state.
    c. Upon the recommendation of the superintendent, the board  may  make
  an  emergency  conditional  appointment  when  an  unforeseen  emergency
  vacancy has occurred. When such appointment is  made,  the  process  for
  conditional appointment pursuant to paragraph b of this subdivision must
  also  be initiated. Emergency conditional appointment may commence prior
  to notification from the commissioner on conditional clearance but shall
  terminate twenty business days from the date such appointment  commences
  or  when  the  prospective  employer  is  notified  by  the commissioner
  regarding conditional clearance, whichever occurs earlier, provided that
  if conditional clearance is granted the appointment shall continue as  a
  conditional  appointment. Prior to the commencement of such appointment,
  the prospective employer must obtain a signed  statement  for  emergency
  conditional   appointment  from  the  prospective  employee,  indicating
  whether, to the best of his or her knowledge, he or she  has  a  pending
  criminal   charge   or  criminal  conviction  in  any  jurisdiction.  An
  unforeseen emergency vacancy shall be defined as:  (i)  a  vacancy  that
  occurred  less  than  ten  business  days before the start of any school
  session,  including  summer  school,  or  during  any  school   session,
  including   summer  school,  without  sufficient  notice  to  allow  for
  clearance or conditional clearance; (ii) when no other qualified  person
  is  available  to fill the vacancy temporarily; and (iii) when emergency
  conditional appointment is necessary  to  maintain  services  which  the
  district is legally required to provide or services necessary to protect
  the  health, education or safety of students or staff. The provisions of
  subparagraph (i) of this paragraph shall not apply if  the  board  finds
  that the district has been unable to fill the vacancy despite good faith
  efforts  to  fill  such  vacancy  in  a  manner which would have allowed
  sufficient time for clearance or conditional clearance.
    d. Shall develop a policy for the safety  of  the  children  who  have
  contact  with  an  employee holding conditional appointment or emergency
  conditional appointment.
    * NB Effective until July 1, 2007
    * 9. The board of education shall, for purposes of a criminal  history
  record  check,  require  the fingerprinting of all prospective employees
  pursuant to section three thousand thirty-five of this chapter,  who  do
  not hold valid clearance pursuant to such section or pursuant to section
  three thousand four-b of this chapter or section five hundred nine-cc or
  twelve  hundred  twenty-nine-d  of the vehicle and traffic law. Prior to
  initiating the fingerprinting process, the  prospective  employer  shall
  furnish  the  applicant  with  the  form  described  in paragraph (c) of
  subdivision thirty of section three hundred five  of  this  chapter  and
  shall  obtain  the  applicant's  consent to the criminal history records
  search. Every set of fingerprints taken  pursuant  to  this  subdivision
  shall  be  promptly  submitted  to  the  commissioner  for  purposes  of
  clearance for employment.
    * NB Effective July 1, 2007
    10. The board of education shall upon commencement and termination  of
  employment   of   an  employee  by  the  school  district,  provide  the
  commissioner with the name of and position held by such employee.
    11.  Where  the  district  has  provided  transportation  to  students
  enrolled   in   such   district   to  a  school  sponsored  field  trip,
  extracurricular activity or any other similar event,  it  shall  provide
  transportation  back  to  either  the  point  of  departure  or  to  the
  appropriate school in the district, unless the parent or legal  guardian
  of  a  student  participating  in  such  event  has  provided the school
  district  with  written  notice,  consistent   with   district   policy,
  authorizing  an  alternative  form  of  return  transportation  for such
  student or unless intervening  circumstances  make  such  transportation
  impractical.    In    cases   where   intervening   circumstances   make
  transportation of a student back to the point of  departure  or  to  the
  appropriate  school in the district impractical, a representative of the
  school district shall remain  with  the  student  until  such  student's
  parent  or  legal  guardian  has  been (a) contacted and informed of the
  intervening circumstances which make such transportation impractical and
  (b) such student had been delivered  to  his  or  her  parent  or  legal
  guardian.
    12.   Each  central  school  district,  at  the  next  annual  meeting
  subsequent to the effective date of the  chapter  of  the  laws  of  two
  thousand  five  which  amended  this  subdivision,  may  submit  to  the
  qualified voters of the district for approval, the issue of  ex  officio
  student  membership  on  the  school district's board of education, by a
  student attending a high school within such school district. Upon  voter
  approval,  each  such  district  shall  establish  a process for student
  membership selection pursuant to paragraph c of  this  subdivision.  If,
  prior  to  August  fifth,  two  thousand  three, a school district had a
  policy that allowed a student or students to be ex  officio  members  of
  the  school  board, such policy shall be deemed to meet the requirements
  of this subdivision and shall be deemed to have full  legal  effect.  In
  any district that contains more than one high school, such process shall
  take  into  consideration the number of high schools within the district
  and provide for a mechanism which allows for fair  representation  among
  the  schools.  Such school district shall allow such selected student to
  serve as an ex officio member of such  district's  board  of  education,
  and, if so, provided further that:
    a. The ex officio student member of the board shall be entitled to sit
  with  board  members at all public meetings of the board and participate
  in all board hearings and meetings.
    b. The ex officio student member of the board shall not be allowed  to
  vote, shall not be allowed to attend executive session, and shall not be
  entitled  to receive compensation of any form for participating at board
  meetings.
    c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
  student  member  of  the  board may be any of the following: the student
  that has been duly elected as student president of the  high  school;  a
  student duly elected by the student body; a student selected by the high
  school  student  government;  a  student  selected  by  the  high school
  principal; a student  selected  by  the  superintendent  of  schools;  a
  student  selected  by  majority  vote  of  the  school  board. Provided,
  however,  in  districts  having  district-wide  student  governments  or
  advisory  committees, the student ex officio member shall be selected by
  the  superintendent  of  schools  from  among  the   members   of   such
  district-wide  student  governments  or  advisory committees, subject to
  ratification by majority vote of the school board.
    d. The ex officio student member shall be a senior at the high  school
  and shall have attended such high school for at least two years prior to
  selection.
    12-a.  Each central school district may offer to the voters once every
  two years, on the same date as the annual school district budget vote, a
  separate referendum to decide whether the school district shall allow  a
  student, as established under this section, to serve on the school board
  as an ex officio, non-voting member.