S T A T E   O F   N E W   Y O R K
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                                  881--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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,  BY  RESOLUTION
 AND  SUBJECT  TO A MANDATORY REFERENDUM, ESTABLISH SCHOOL ELECTION WARDS
 FOR PURPOSES OF ELECTING INDIVIDUAL TRUSTEES. THERE SHALL  BE  AT  LEAST
 THREE,  BUT  NO  MORE  THAN  NINE, SCHOOL ELECTION WARDS WITHIN A SCHOOL
 DISTRICT. ONE TRUSTEE SHALL BE CHOSEN FROM EACH WARD  BY  THE  QUALIFIED
 VOTERS THEREIN.
   B.  (I)  UPON  A  RESOLUTION BY THE BOARD OF EDUCATION, WHICH SHALL BE
 PASSED NO LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO A RELATED  REFEREN-
 DUM  BEING  PLACED  BEFORE  THE  QUALIFIED VOTERS OF THE SCHOOL DISTRICT
 DURING THE ANNUAL MEETING AND ELECTION, THE  BOARD  OF  EDUCATION  SHALL
 CONDUCT A PUBLIC HEARING.
   (II)  SUCH  PUBLIC HEARING SHALL BE CONDUCTED NOT LESS THAN THIRTY NOR
 MORE THAN NINETY DAYS PRIOR TO A VOTE ON THE RESOLUTION BY A MAJORITY OF
 THE QUALIFIED VOTERS OF THE DISTRICT.  THE  DISTRICT  CLERK  SHALL  GIVE
 NOTICE  OF  THE  PUBLIC HEARING BY PUBLISHING A NOTICE FIVE TIMES WITHIN
 FOURTEEN DAYS PRECEDING THE HEARING, ON THE DISTRICT'S  WEBSITE  AND  IN
 TWO NEWSPAPERS IF THERE SHALL BE TWO, OR IN ONE NEWSPAPER IF THERE SHALL
 BE  BUT  ONE, HAVING GENERAL CIRCULATION WITHIN SUCH DISTRICT. BUT IF NO
 NEWSPAPER SHALL THEN HAVE GENERAL CIRCULATION THEREIN, SAID NOTICE SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03770-03-7
              

 A. 881--A                           2
 
 BE POSTED IN AT LEAST TWENTY OF THE MOST PUBLIC PLACES IN SAID  DISTRICT
 FOURTEEN DAYS BEFORE THE TIME OF SUCH HEARING.
   (III)  FOLLOWING  SUCH  PUBLIC  HEARING, A PROPOSITION FOR APPROVAL OF
 SUCH RESOLUTION BY A MAJORITY OF THE QUALIFIED VOTERS OF  SUCH  DISTRICT
 SHALL  BE  SUBMITTED AT THE NEXT SUCCEEDING ANNUAL MEETING AND ELECTION.
 THE DISTRICT CLERK SHALL GIVE NOTICE OF SUCH PROPOSITION  BY  PUBLISHING
 NOTICE  PRIOR TO THE ELECTION, IN THE SAME MANNER AND PUBLICATION AS THE
 PUBLIC HEARING, SET FORTH IN THIS SECTION, SPECIFYING THE TIME WHEN  AND
 PLACE OR PLACES WHERE SUCH ELECTION WILL BE HELD, THE HOURS DURING WHICH
 THE  POLLS  WILL  REMAIN  OPEN FOR THE PURPOSE OF RECEIVING BALLOTS, AND
 SETTING FORTH IN FULL THE LANGUAGE OF THE PROPOSITION TO BE APPROVED  AT
 SUCH ELECTION.
   (IV)  IF  SUCH  PROPOSITION  IS  APPROVED,  WITHIN FIVE MONTHS OF SUCH
 APPROVAL, THE BOARD OF EDUCATION SHALL DEFINE  AND  PUBLISH,  BY  RESOL-
 UTION, BOUNDARIES OF EACH OF THE SCHOOL ELECTION WARDS. SUCH WARDS SHALL
 BE CONTIGUOUS AND EACH WARD SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME
 NUMBER  OF  INHABITANTS.  A  MAP OF EACH WARD AND THE BOUNDARIES THEREOF
 SHALL BE CREATED WITH THE ORIGINAL FILED WITH THE DISTRICT CLERK  WITHIN
 TEN  DAYS  OF  THE  RESOLUTION  AND COPIES THEREOF FILED IN THE BOARD OF
 ELECTIONS OF THE COUNTY. THE BOUNDARIES OF THE 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.  SUCH  RESOLUTION SHALL BE ESTABLISHED AT LEAST SIX MONTHS PRIOR
 TO THE NEXT ELECTION OF A SCHOOL BOARD TRUSTEE OR TRUSTEES.
   (V) AFTER A SCHOOL ELECTION WARD SYSTEM SHALL HAVE  BEEN  ESTABLISHED,
 THE  TERM OF EVERY EXISTING TRUSTEE SHALL TERMINATE ON THE THIRTIETH DAY
 OF JUNE NEXT SUCCEEDING THE FIRST ANNUAL MEETING AND ELECTION  FOLLOWING
 VOTER  APPROVAL  OF THE REFERENDUM AND ON THE THIRD TUESDAY IN MAY EVERY
 THREE YEARS THEREAFTER.
   C. THE TERM OF OFFICE OF EACH TRUSTEE  FROM  A  SCHOOL  ELECTION  WARD
 SHALL  BE  THREE  YEARS.  IN  EACH  SCHOOL  ELECTION WARD, THE CANDIDATE
 RECEIVING A PLURALITY OF VOTES IN EACH SCHOOL  ELECTION  WARD  SHALL  BE
 DECLARED ELECTED TO THAT POSITION.
   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 WITHIN NINETY DAYS EITHER  BY  (I)  A  MAJORITY  VOTE  OF  THE
 REMAINING  TRUSTEES OF THE BOARD OF EDUCATION OR (II) A SPECIAL ELECTION
 ORDERED BY THE COMMISSIONER. WHEN A SPECIAL  ELECTION  IS  ORDERED,  THE
 VACANCY  SHALL NOT BE FILLED OTHERWISE.  NO PERSON SHALL BE APPOINTED TO
 FILL A VACANCY OF A WARD TRUSTEE OF A BOARD OF EDUCATION  UNLESS  HE  OR
 SHE FULFILLS ALL OF THE QUALIFICATIONS IN SECTION TWENTY-ONE HUNDRED TWO
 OF THIS TITLE TO ENABLE HIM OR HER TO BE A CANDIDATE FOR THE OFFICE OF A
 TRUSTEE  OF  THE  BOARD  OF EDUCATION FROM THE WARD INVOLVED. THE PERSON
 APPOINTED OR ELECTED TO FILL SUCH VACANCY SHALL TAKE OFFICE  IMMEDIATELY
 UPON  FILING  OF  HIS  OR  HER OFFICIAL OATH OF OFFICE WITH THE DISTRICT
 CLERK AND SHALL HOLD HIS OR HER OFFICE FOR THE REMAINDER  OF  THE  UNEX-
 PIRED TERM.
   E.  EXCEPT AS PROVIDED HEREIN, ALL PROVISIONS OF THIS ARTICLE, ARTICLE
 FORTY-ONE, AND ARTICLE FORTY-THREE OF  THIS  CHAPTER  OR  OF  ANY  OTHER
 GENERAL LAW RELATING TO OR AFFECTING THE ELECTION OF TRUSTEES IN A UNION
 FREE  SCHOOL  DISTRICT SHALL APPLY TO SCHOOL ELECTION WARDS ORGANIZED AS
 HEREIN.
   § 2. Section 1804 of the education law is  amended  by  adding  a  new
 subdivision 13 to read as follows:

 A. 881--A                           3
 
   13.  A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
 BOARD OF EDUCATION OF A CENTRAL SCHOOL DISTRICT MAY, BY  RESOLUTION  AND
 SUBJECT  TO  A MANDATORY REFERENDUM, ESTABLISH SCHOOL ELECTION WARDS FOR
 PURPOSES OF ELECTING INDIVIDUAL SCHOOL BOARD  MEMBERS.  THERE  SHALL  BE
 FIVE,  SEVEN OR NINE SCHOOL ELECTION WARDS WITHIN A SCHOOL DISTRICT. ONE
 MEMBER SHALL BE CHOSEN FROM EACH WARD BY THE QUALIFIED VOTERS THEREIN.
   B. (I) UPON A RESOLUTION BY THE BOARD OF  EDUCATION,  WHICH  SHALL  BE
 PASSED  NO LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO A RELATED REFEREN-
 DUM BEING PLACED BEFORE THE QUALIFIED  VOTERS  OF  THE  SCHOOL  DISTRICT
 DURING  THE  ANNUAL  MEETING  AND ELECTION, THE BOARD OF EDUCATION SHALL
 CONDUCT A PUBLIC HEARING.
   (II) SUCH PUBLIC HEARING SHALL BE CONDUCTED NOT LESS THAN  THIRTY  NOR
 MORE THAN NINETY DAYS PRIOR TO A VOTE ON THE RESOLUTION BY A MAJORITY OF
 THE  QUALIFIED  VOTERS  OF  THE  DISTRICT. THE DISTRICT CLERK SHALL GIVE
 NOTICE OF THE PUBLIC HEARING BY PUBLISHING A NOTICE  FIVE  TIMES  WITHIN
 FOURTEEN  DAYS  PRECEDING  THE HEARING, ON THE DISTRICT'S WEBSITE AND IN
 TWO NEWSPAPERS IF THERE SHALL BE TWO, OR IN ONE NEWSPAPER IF THERE SHALL
 BE BUT ONE, HAVING GENERAL CIRCULATION WITHIN SUCH DISTRICT. BUT  IF  NO
 NEWSPAPER SHALL THEN HAVE GENERAL CIRCULATION THEREIN, SAID NOTICE SHALL
 BE  POSTED IN AT LEAST TWENTY OF THE MOST PUBLIC PLACES IN SAID DISTRICT
 FOURTEEN DAYS BEFORE THE TIME OF SUCH HEARING.
   (III) FOLLOWING SUCH PUBLIC HEARING, A  PROPOSITION  FOR  APPROVAL  OF
 SUCH  RESOLUTION  BY A MAJORITY OF THE QUALIFIED VOTERS OF SUCH DISTRICT
 SHALL BE SUBMITTED AT THE NEXT SUCCEEDING ANNUAL MEETING  AND  ELECTION.
 THE  DISTRICT  CLERK SHALL GIVE NOTICE OF SUCH PROPOSITION BY PUBLISHING
 NOTICE PRIOR TO THE ELECTION, IN THE SAME MANNER AND PUBLICATION AS  THE
 PUBLIC  HEARING, SET FORTH IN THIS SECTION, SPECIFYING THE TIME WHEN AND
 PLACE OR PLACES WHERE SUCH ELECTION WILL BE HELD, THE HOURS DURING WHICH
 THE POLLS WILL REMAIN OPEN FOR THE PURPOSE  OF  RECEIVING  BALLOTS,  AND
 SETTING  FORTH IN FULL THE LANGUAGE OF THE PROPOSITION TO BE APPROVED AT
 SUCH ELECTION.
   (IV) IF SUCH PROPOSITION IS  APPROVED,  WITHIN  FIVE  MONTHS  OF  SUCH
 APPROVAL,  THE  BOARD  OF  EDUCATION SHALL DEFINE AND PUBLISH, BY RESOL-
 UTION, BOUNDARIES OF EACH OF THE SCHOOL ELECTION WARDS. SUCH WARDS SHALL
 BE CONTIGUOUS AND EACH WARD SHALL CONTAIN AS NEARLY AS POSSIBLE THE SAME
 NUMBER OF INHABITANTS. A MAP OF EACH WARD  AND  THE  BOUNDARIES  THEREOF
 SHALL  BE CREATED WITH THE ORIGINAL FILED WITH THE DISTRICT CLERK WITHIN
 TEN DAYS OF THE RESOLUTION AND COPIES THEREOF  FILED  IN  THE  BOARD  OF
 ELECTIONS OF THE COUNTY. THE BOUNDARIES OF THE 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. SUCH RESOLUTION SHALL BE ESTABLISHED AT LEAST SIX  MONTHS  PRIOR
 TO THE NEXT ELECTION OF A SCHOOL BOARD MEMBER OR MEMBERS.
   (V)  AFTER  A SCHOOL ELECTION WARD SYSTEM SHALL HAVE BEEN ESTABLISHED,
 THE TERM OF EVERY EXISTING MEMBER SHALL TERMINATE ON THE  THIRTIETH  DAY
 OF  JUNE NEXT SUCCEEDING THE FIRST ANNUAL MEETING AND ELECTION FOLLOWING
 VOTER APPROVAL OF THE REFERENDUM AND ON THE THIRD TUESDAY IN  MAY  EVERY
 THREE YEARS THEREAFTER.
   C.  THE  TERM  OF  OFFICE  OF  EACH  SCHOOL BOARD MEMBER FROM A SCHOOL
 ELECTION WARD SHALL BE THREE YEARS. IN EACH ELECTION WARD, THE CANDIDATE
 RECEIVING A PLURALITY OF VOTES IN EACH ELECTION WARD SHALL  BE  DECLARED
 ELECTED TO THAT POSITION.
   D.  WHENEVER  A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE OF A 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 WITHIN NINETY DAYS BY A MAJORITY VOTE OF THE  REMAINING  TRUSTEES

 A. 881--A                           4
 
 OF THE BOARD OF EDUCATION. NO PERSON SHALL BE APPOINTED TO FILL A VACAN-
 CY  OF A MEMBER OF A BOARD OF EDUCATION UNLESS HE OR SHE FULFILLS ALL OF
 THE QUALIFICATIONS IN SECTION TWENTY-ONE HUNDRED TWO OF  THIS  TITLE  TO
 ENABLE  HIM  OR  HER TO BE A CANDIDATE FOR THE OFFICE OF A MEMBER OF THE
 BOARD OF EDUCATION FROM THE  WARD  INVOLVED.  THE  PERSON  APPOINTED  OR
 ELECTED  TO  FILL SUCH VACANCY SHALL TAKE OFFICE IMMEDIATELY UPON FILING
 OF HIS OR HER OFFICIAL OATH OF OFFICE WITH THE DISTRICT CLERK AND  SHALL
 HOLD HIS OR HER OFFICE FOR THE REMAINDER OF THE UNEXPIRED TERM.
   E.  EXCEPT AS PROVIDED HEREIN, ALL PROVISIONS OF THIS ARTICLE, ARTICLE
 FORTY-ONE, AND ARTICLE FORTY-THREE OF  THIS  CHAPTER  OR  OF  ANY  OTHER
 GENERAL  LAW  RELATING  TO  OR  AFFECTING  THE  ELECTION OF SCHOOL BOARD
 MEMBERS IN A CENTRAL SCHOOL DISTRICT  SHALL  APPLY  TO  SCHOOL  ELECTION
 WARDS ORGANIZED AS HEREIN.
   § 3. This act shall take effect immediately.