S T A T E O F N E W Y O R K
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5884--A
Cal. No. 1169
2019-2020 Regular Sessions
I N S E N A T E
May 16, 2019
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged and said bill committed to the Committee on Rules --
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the education law, in relation to the establishment of
school election wards in the Chester Union Free School District
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, THE
BOARD OF EDUCATION OF THE CHESTER 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
THE SCHOOL DISTRICT. ONE TRUSTEE SHALL BE CHOSEN FROM EACH WARD BY THE
QUALIFIED VOTERS THEREIN. WITHIN SUCH RESOLUTION, THE BOARD OF EDUCA-
TION MAY REQUIRE THAT A TRUSTEE ELECTED TO REPRESENT A WARD SHALL BE A
RESIDENT OF SUCH WARD. SUCH RESOLUTION SHALL ALSO PROVIDE FOR THE SIGNA-
TURE REQUIREMENTS FOR NOMINATING PETITIONS CONSISTENT WITH THE APPLICA-
BLE PROVISIONS OF THIS CHAPTER.
B. (I) A RESOLUTION BY THE BOARD OF EDUCATION, WHICH SHALL BE PASSED
NO LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO A RELATED REFERENDUM BEING
PLACED BEFORE THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT DURING THE
ANNUAL MEETING AND ELECTION, SHALL INCLUDE AN ASSESSMENT AND FINDING,
WHICH SHALL TAKE INTO ACCOUNT ANY HISTORIC DISENFRANCHISEMENT OR
DISCRIMINATION AGAINST ANY GROUP OF INDIVIDUALS WITHIN THE SCHOOL
DISTRICT BASED UPON RACE, GENDER, ETHNICITY, RELIGION, SOCIO-ECONOMIC
STATUS, OR SEXUAL ORIENTATION, INCLUDING THAT NO DISENFRANCHISEMENT OR
DISCRIMINATION WOULD RESULT FROM THE ADOPTION OF THE PROPOSED RESOL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11782-02-9
S. 5884--A 2
UTION. THE BOARD OF EDUCATION SHALL CONDUCT NO FEWER THAN THREE PUBLIC
HEARINGS ON SUCH RESOLUTION.
(II) SUCH PUBLIC HEARINGS 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
FIFTEEN 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
FIFTEEN DAYS BEFORE THE TIME OF THE FIRST HEARING.
(III) FOLLOWING SUCH PUBLIC HEARINGS, A PROPOSITION FOR APPROVAL OF
SUCH RESOLUTION AND THE BOUNDARIES OF PROPOSED SCHOOL ELECTION WARDS 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 HEARINGS, 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.
IN ANY EVENT, THERE SHALL BE AT LEAST ONE POLLING LOCATION FOR EVERY
FIFTEEN THOUSAND ELIGIBLE VOTERS IN THE DISTRICT AND THE HOURS OF THE
ELECTION SHALL COMMENCE NO LATER THAN SIX O'CLOCK IN THE MORNING AND
SHALL END NO EARLIER THAN NINE O'CLOCK IN THE EVENING.
(IV) AT LEAST FIFTEEN DAYS PRIOR TO CONDUCTING PUBLIC HEARINGS, THE
BOARD OF EDUCATION SHALL DEFINE AND PUBLISH, BY RESOLUTION, BOUNDARIES
OF EACH OF THE PROPOSED SCHOOL ELECTION WARDS. SHOULD SUCH MAP BE
ALTERED AS A RESULT OF THE PUBLIC HEARINGS, THE AMENDED MAP SHALL BE
PUBLISHED PURSUANT TO THIS PARAGRAPH NO LATER THAN FIFTEEN DAYS BEFORE
THE ELECTION. SUCH WARDS SHALL BE CONTIGUOUS AND EACH WARD SHALL
CONTAIN AS NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS. EACH WARD
SHALL ALSO CONFORM AS CLOSELY AS POSSIBLE WITH THE ATTENDANCE ZONE OF
THE SCHOOL DISTRICT, CONFORM AS CLOSELY AS POSSIBLE WITH GEOGRAPHIC AND
OTHER PHYSICAL BOUNDARIES, AND RETAIN CONTIGUOUS COMMUNITIES OF INTER-
EST.
(V) 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. UPON EACH ISSUANCE OF A FEDERAL DECENNIAL CENSUS, THE BOARD OF
EDUCATION SHALL EITHER: (1) MAKE A WRITTEN FINDING THAT, UPON EXAMINA-
TION OF THE DECENNIAL CENSUS, THE CURRENT SCHOOL ELECTION WARDS CONTAIN
NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS AND THAT NO DISCRIMI-
NATION OR DISENFRANCHISEMENT WOULD RESULT IF THE WARDS REMAINED AS
ESTABLISHED; OR (2) THE SCHOOL ELECTION WARDS SHALL BE REDEFINED BY
RESOLUTION OF THE BOARD OF EDUCATION, AFTER A PUBLIC HEARING THEREON,
AND APPROVAL BY THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT. IF THE
QUALIFIED VOTERS OF THE SCHOOL DISTRICT SHALL NOT APPROVE OF THE RESOL-
UTION, THE BOARD OF EDUCATION SHALL SUBMIT A SECOND RESOLUTION FOR
APPROVAL BY THE QUALIFIED VOTERS OF THE SCHOOL DISTRICT, AFTER A PUBLIC
HEARING THEREON, WITHIN NINETY DAYS. IF THE QUALIFIED VOTERS OF THE
SCHOOL DISTRICT SHALL NOT APPROVE OF SUCH RESOLUTION FOR A SECOND TIME,
THE BOARD OF EDUCATION SHALL CONTINUE THE MEMBERSHIP AND TERMS OF THE
CURRENT BOARD UNTIL THE NEXT ANNUAL MEETING AND ELECTION AT WHICH TIME
THE TERMS OF ALL CURRENT TRUSTEES SHALL TERMINATE. AT THE NEXT ANNUAL
S. 5884--A 3
MEETING AND ELECTION, TRUSTEES SHALL BE ELECTED BY A VOTE OF THE QUALI-
FIED VOTERS OF THE SCHOOL DISTRICT PURSUANT TO ARTICLE FORTY-THREE OF
THIS CHAPTER.
(VI) 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, AT WHICH TIME THE TERMS FOR EACH
ELECTED SCHOOL WARD TRUSTEE SHALL COMMENCE.
C. THE TERM OF OFFICE OF EACH TRUSTEE FROM A SCHOOL ELECTION WARD
SHALL BE THREE, FOUR, OR FIVE YEARS, TO BE DETERMINED AT THE DISCRETION
OF THE BOARD OF EDUCATION BY RESOLUTION PRIOR TO THE REFERENDUM;
PROVIDED HOWEVER THAT THE RESOLUTION SHALL ALSO DESIGNATE THAT IN THE
FIRST ANNUAL MEETING AND ELECTION AFTER THE ADOPTION OF A SCHOOL
ELECTION WARD SYSTEM, THE INITIAL TERMS SHALL BE DIVIDED INTO TERMS OF
THREE, FOUR, OR FIVE YEARS SO THAT AS NEARLY AS POSSIBLE AN EQUAL NUMBER
OF TRUSTEES SHALL BE ELECTED EACH YEAR. IN EACH ELECTION CYCLE THEREAFT-
ER, THE TERMS OF OFFICE SHALL BE UNIFORM. 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, SUCH VACANCY SHALL BE FILLED PURSUANT
TO THIS ARTICLE AND PART ONE OF ARTICLE FORTY-THREE OF THIS CHAPTER.
E. EXCEPT AS PROVIDED IN THIS SUBDIVISION, 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 TRUS-
TEES IN A UNION FREE SCHOOL DISTRICT SHALL APPLY TO SCHOOL ELECTION
WARDS ORGANIZED PURSUANT TO THIS SUBDIVISION AND TO THE ELECTION OF
TRUSTEES BY THE QUALIFIED VOTERS OF A SCHOOL DISTRICT AS ESTABLISHED
PURSUANT TO PARAGRAPH F AND SUBPARAGRAPH (IV) OF PARAGRAPH B OF THIS
SUBDIVISION.
F. A BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT WHICH HAS
ESTABLISHED SCHOOL ELECTION WARDS PURSUANT TO THIS SUBDIVISION MAY, BY
RESOLUTION AND SUBJECT TO A MANDATORY REFERENDUM, ABOLISH THE SCHOOL
ELECTION WARD SYSTEM AND RETURN TO ELECTION OF TRUSTEES BY A VOTE OF THE
QUALIFIED VOTERS OF THE SCHOOL DISTRICT. ADOPTION, ASSESSMENT, PUBLIC
HEARING AND NOTICE, AND VOTING REQUIREMENTS OF SUCH RESOLUTION AND
REFERENDUM SHALL COMPLY WITH THE PROVISIONS OF SUBPARAGRAPHS (I), (II),
AND (III) OF PARAGRAPH B OF THIS SUBDIVISION.
G. FOR THE PURPOSE OF THIS SUBDIVISION, "CONTIGUOUS COMMUNITY OF
INTEREST" MEANS A CONTIGUOUS POPULATION WHICH SHARES COMMON SOCIAL AND
ECONOMIC INTERESTS THAT SHOULD BE INCLUDED WITHIN A SINGLE DISTRICT FOR
PURPOSES OF ITS EFFECTIVE AND FAIR REPRESENTATION.
§ 2. This act shall take effect immediately.
