S T A T E   O F   N E W   Y O R K
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                                   4159
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
   tee on Education
 
 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-
 UTION.  THE  BOARD OF EDUCATION SHALL CONDUCT NO FEWER THAN THREE PUBLIC
 HEARINGS ON SUCH RESOLUTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05869-01-1
              

 A. 4159                             2
 
   (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
 MEETING AND ELECTION, TRUSTEES SHALL BE ELECTED BY A VOTE OF THE  QUALI-

 A. 4159                             3
 
 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.