NY State Assembly Bill 2021-A249A

Assembly Bill A249A

2021-2022 Legislative Session

Relates to establishing school election wards in Rockland county union free and central school districts

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Apr 22, 2021	print number 249a
Apr 22, 2021	amend and recommit to education
Jan 06, 2021	referred to education

Bill Amendments

Original

A (Active)

2021-A249 - Details

See Senate Version of this Bill:: S2053
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§1702 & 1804, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10992
2023-2024: A1223

2021-A249 - Summary

Establishes school election wards in Rockland county union free and central school districts.

2021-A249 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    249
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Education
 
 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:
 
   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 CONTAINED ENTIRELY OR
 PARTIALLY  WITHIN  ROCKLAND  COUNTY  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.  WITHIN
 SUCH RESOLUTION, A BOARD OF EDUCATION MAY REQUIRE THAT A TRUSTEE ELECTED
 TO  REPRESENT  A  WARD SHALL BE A RESIDENT OF SUCH WARD. SUCH RESOLUTION
 SHALL  ALSO  PROVIDE  FOR  THE  SIGNATURE  REQUIREMENTS  FOR  NOMINATING
 PETITIONS CONSISTENT WITH THE APPLICABLE 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.

                                                            LBD02793-01-1

 A. 249                              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: (A) 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  (B)  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

 A. 249                              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 TITLE.
   (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 TITLE.
   E.  EXCEPT  AS  PROVIDED  IN  THIS SUBDIVISION, ALL PROVISIONS OF THIS
 ARTICLE, ARTICLE FORTY-ONE, AND ARTICLE FORTY-THREE OF THIS TITLE 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  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. 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  CONTAINED  ENTIRELY  OR
 PARTIALLY  WITHIN  ROCKLAND  COUNTY  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.  WITHIN  SUCH
 RESOLUTION,  A  BOARD  OF EDUCATION MAY REQUIRE THAT A MEMBER ELECTED TO
 REPRESENT A WARD SHALL BE A RESIDENT OF SUCH WARD. SUCH RESOLUTION SHALL
 ALSO PROVIDE FOR THE SIGNATURE  REQUIREMENTS  FOR  NOMINATING  PETITIONS
 CONSISTENT WITH THE APPLICABLE 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

 A. 249                              4
 
 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-
 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 PUBLIC HEARINGS SHALL BE HELD
 AT A SCHOOL DISTRICT BUILDING OR OTHER APPROPRIATE BUILDING, EACH WITHIN
 A DIFFERENT PROPOSED  SCHOOL  ELECTION  WARD.  IF  THERE  IS  NO  SCHOOL
 DISTRICT  BUILDING  OR  OTHER APPROPRIATE BUILDING WITHIN THREE SEPARATE
 PROPOSED SCHOOL ELECTION WARDS, A MEETING SHALL BE HELD  AT  THE  SCHOOL
 BUILDING  OR  OTHER  APPROPRIATE  BUILDING  CLOSEST  IN PROXIMITY TO THE
 PROPOSED SCHOOL ELECTION WARD OR WARDS  CONTAINING  NO  SCHOOL  DISTRICT
 BUILDINGS  OR OTHER APPROPRIATE BUILDINGS. THE DISTRICT CLERK SHALL GIVE
 NOTICE OF THE PUBLIC HEARING BY PUBLISHING A NOTICE  FIVE  TIMES  WITHIN
 FIFTEEN  DAYS  PRECEDING  THE HEARINGS, 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 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. 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 SCHOOL ELECTION WARDS. SHOULD SUCH MAP BE  ALTERED  AS  A
 RESULT OF THE PUBLIC HEARINGS, THE AMENDED MAP SHALL BE PUBLISHED PURSU-
 ANT  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 BOUND-
 ARIES, AND RETAIN CONTIGUOUS COMMUNITIES OF INTEREST.
   (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: (A) MAKE A WRITTEN FINDING THAT,  UPON  EXAMINA-
 TION  OF THE DECENNIAL CENSUS, THE CURRENT SCHOOL ELECTION WARDS CONTAIN

 A. 249                              5
 
 NEARLY AS POSSIBLE THE SAME NUMBER OF INHABITANTS AND THAT NO  DISCRIMI-
 NATION  OR  DISENFRANCHISEMENT  WOULD  RESULT  IF  THE WARDS REMAINED AS
 ESTABLISHED; OR (B) 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 MEMBERS SHALL TERMINATE.  AT  THE  NEXT  ANNUAL
 MEETING  AND  ELECTION, MEMBERS SHALL BE ELECTED BY A VOTE OF THE QUALI-
 FIED VOTERS OF THE SCHOOL DISTRICT PURSUANT TO  ARTICLE  FORTY-THREE  OF
 THIS TITLE.
   (VI)  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, AT  WHICH  TIME  THE  TERMS  FOR  EACH
 ELECTED SCHOOL WARD MEMBER SHALL COMMENCE.
   C.  THE  TERM  OF  OFFICE  OF  EACH  SCHOOL BOARD MEMBER 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 THEREAFTER, THE TERMS OF OFFICE SHALL BE UNIFORM. 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, SUCH VACANCY SHALL BE FILLED PURSUANT  TO  THIS
 ARTICLE AND PART ONE OF ARTICLE FORTY-THREE OF THIS TITLE.
   E.  EXCEPT  AS  PROVIDED  IN  THIS SUBDIVISION, ALL PROVISIONS OF THIS
 ARTICLE, ARTICLE FORTY-ONE, AND ARTICLE FORTY-THREE OF THIS TITLE 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  PURSUANT  TO  THIS  SUBDIVISION  AND  TO THE
 ELECTION OF MEMBERS 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 CENTRAL SCHOOL DISTRICT WHICH HAS ESTAB-
 LISHED SCHOOL ELECTION WARDS PURSUANT TO THIS SUBDIVISION MAY, BY RESOL-
 UTION AND SUBJECT TO A MANDATORY REFERENDUM, ABOLISH THE SCHOOL ELECTION
 WARD SYSTEM AND RETURN TO ELECTION OF TRUSTEES BY A VOTE OF  THE  QUALI-
 FIED 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.
   § 3. This act shall take effect immediately.

2021-A249A (ACTIVE) - Details

See Senate Version of this Bill:: S2053
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§1702 & 1804, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10992
2023-2024: A1223

2021-A249A (ACTIVE) - Summary

Establishes school election wards in Rockland county union free and central school districts.

2021-A249A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  249--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee 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 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:
 
   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 CONTAINED ENTIRELY OR
 PARTIALLY WITHIN ROCKLAND COUNTY 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. WITHIN
 SUCH RESOLUTION, A BOARD OF EDUCATION MAY REQUIRE THAT A TRUSTEE ELECTED
 TO REPRESENT A WARD SHALL BE A RESIDENT OF SUCH  WARD.  SUCH  RESOLUTION
 SHALL  ALSO  PROVIDE  FOR  THE  SIGNATURE  REQUIREMENTS  FOR  NOMINATING
 PETITIONS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS CHAPTER.
   B. THIS SUBDIVISION SHALL NOT BE AVAILABLE TO ANY SCHOOL DISTRICT THAT
 IS SUBJECT TO A COURT ORDER RELATED TO THE CREATION OF  SCHOOL  ELECTION
 WARDS.  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT, MODIFY,
 ALTER, OR OTHERWISE INTERFERE WITH  ANY  COURT  ORDER  RELATING  TO  THE
 CREATION OF SCHOOL ELECTION WARDS.
   C.  (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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02793-03-1

 A. 249--A                           2
 
 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-
 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: (A) 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 (B) 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

 A. 249--A                           3
 
 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
 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 TITLE.
   (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.
   D.  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.
   E.  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 TITLE.
   F.  EXCEPT  AS  PROVIDED  IN  THIS SUBDIVISION, ALL PROVISIONS OF THIS
 ARTICLE, ARTICLE FORTY-ONE, AND ARTICLE FORTY-THREE OF THIS TITLE 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  PURSUANT  TO THIS SUBDIVISION AND TO THE ELECTION OF TRUSTEES
 BY THE QUALIFIED VOTERS OF A SCHOOL DISTRICT AS ESTABLISHED PURSUANT  TO
 PARAGRAPH G AND SUBPARAGRAPH (IV) OF PARAGRAPH C OF THIS SUBDIVISION.
   G.  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 C OF THIS SUBDIVISION.
   H.  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. 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  CONTAINED  ENTIRELY  OR
 PARTIALLY  WITHIN  ROCKLAND  COUNTY  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.  WITHIN  SUCH
 RESOLUTION,  A  BOARD  OF EDUCATION MAY REQUIRE THAT A MEMBER ELECTED TO

 A. 249--A                           4
 
 REPRESENT A WARD SHALL BE A RESIDENT OF SUCH WARD. SUCH RESOLUTION SHALL
 ALSO PROVIDE FOR THE SIGNATURE  REQUIREMENTS  FOR  NOMINATING  PETITIONS
 CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS CHAPTER.
   B. THIS SUBDIVISION SHALL NOT BE AVAILABLE TO ANY SCHOOL DISTRICT THAT
 IS  SUBJECT  TO A COURT ORDER RELATED TO THE CREATION OF SCHOOL ELECTION
 WARDS. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT,  MODIFY,
 ALTER,  OR  OTHERWISE  INTERFERE  WITH  ANY  COURT ORDER RELATING TO THE
 CREATION OF SCHOOL ELECTION WARDS.
   C. (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-
 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 PUBLIC HEARINGS SHALL BE  HELD
 AT A SCHOOL DISTRICT BUILDING OR OTHER APPROPRIATE BUILDING, EACH WITHIN
 A  DIFFERENT  PROPOSED  SCHOOL  ELECTION  WARD.  IF  THERE  IS NO SCHOOL
 DISTRICT BUILDING OR OTHER APPROPRIATE BUILDING  WITHIN  THREE  SEPARATE
 PROPOSED  SCHOOL  ELECTION  WARDS, A MEETING SHALL BE HELD AT THE SCHOOL
 BUILDING OR OTHER APPROPRIATE  BUILDING  CLOSEST  IN  PROXIMITY  TO  THE
 PROPOSED  SCHOOL  ELECTION  WARD  OR WARDS CONTAINING NO SCHOOL DISTRICT
 BUILDINGS OR OTHER APPROPRIATE BUILDINGS. THE DISTRICT CLERK SHALL  GIVE
 NOTICE  OF  THE  PUBLIC HEARING BY PUBLISHING A NOTICE FIVE TIMES WITHIN
 FIFTEEN DAYS PRECEDING THE HEARINGS, 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 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. 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 SCHOOL ELECTION WARDS. SHOULD SUCH MAP BE ALTERED AS A
 RESULT OF THE PUBLIC HEARINGS, THE AMENDED MAP SHALL BE PUBLISHED PURSU-
 ANT TO THIS PARAGRAPH NO LATER THAN FIFTEEN DAYS  BEFORE  THE  ELECTION.
 SUCH  WARDS SHALL BE CONTIGUOUS AND EACH WARD SHALL CONTAIN AS NEARLY AS

 A. 249--A                           5
 
 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 BOUND-
 ARIES, AND RETAIN CONTIGUOUS COMMUNITIES OF INTEREST.
   (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: (A) 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  (B)  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 MEMBERS SHALL TERMINATE. AT THE NEXT ANNUAL
 MEETING AND ELECTION, MEMBERS SHALL BE ELECTED BY A VOTE OF  THE  QUALI-
 FIED  VOTERS  OF  THE SCHOOL DISTRICT PURSUANT TO ARTICLE FORTY-THREE OF
 THIS TITLE.
   (VI) 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,  AT  WHICH TIME THE TERMS FOR EACH
 ELECTED SCHOOL WARD MEMBER SHALL COMMENCE.
   D. THE TERM OF OFFICE OF  EACH  SCHOOL  BOARD  MEMBER  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 THEREAFTER, THE TERMS OF OFFICE SHALL BE UNIFORM. IN EACH ELECTION
 WARD, THE CANDIDATE RECEIVING A PLURALITY OF VOTES IN EACH ELECTION WARD
 SHALL BE DECLARED ELECTED TO THAT POSITION.
   E. WHENEVER A VACANCY SHALL OCCUR OR EXIST IN THE OFFICE OF  A  MEMBER
 OF  A  BOARD OF EDUCATION, SUCH VACANCY SHALL BE FILLED PURSUANT TO THIS
 ARTICLE AND PART ONE OF ARTICLE FORTY-THREE OF THIS TITLE.
   F. EXCEPT AS PROVIDED IN THIS  SUBDIVISION,  ALL  PROVISIONS  OF  THIS
 ARTICLE,  ARTICLE FORTY-ONE, AND ARTICLE FORTY-THREE OF THIS TITLE 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  PURSUANT  TO  THIS  SUBDIVISION  AND  TO  THE
 ELECTION  OF  MEMBERS  BY  THE  QUALIFIED VOTERS OF A SCHOOL DISTRICT AS
 ESTABLISHED PURSUANT TO PARAGRAPH G AND SUBPARAGRAPH (IV) OF PARAGRAPH C
 OF THIS SUBDIVISION.
   G. A BOARD OF EDUCATION OF A CENTRAL SCHOOL DISTRICT WHICH HAS  ESTAB-
 LISHED SCHOOL ELECTION WARDS PURSUANT TO THIS SUBDIVISION MAY, BY RESOL-
 UTION AND SUBJECT TO A MANDATORY REFERENDUM, ABOLISH THE SCHOOL ELECTION

 A. 249--A                           6
 
 WARD  SYSTEM  AND RETURN TO ELECTION OF TRUSTEES BY A VOTE OF THE QUALI-
 FIED 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 C OF THIS SUBDIVISION.
   H. 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.
   § 3. This act shall take effect immediately.

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