NY State Senate Bill 2021-S1792

Senate Bill S1792

2021-2022 Legislative Session

Permits union free and central school district boards of education to establish wards for the purpose of school board elections

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Archive: Last Bill Status - In Senate Committee Education 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
Jan 15, 2021	referred to education

co-Sponsors

2021-S1792 (ACTIVE) - Details

See Assembly Version of this Bill:: A9172
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§1702 & 1804, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5846, A8163
2017-2018: S6599, S8920, A881, A11053
2019-2020: S1633, A5943
2023-2024: S435, A1195

2021-S1792 (ACTIVE) - Summary

Authorizes the boards of education in union free school districts and central school districts to establish wards for the purpose of school board elections.

2021-S1792 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1792

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To permit school districts, organized under articles 35 and 37 of the
New York Education Law, to allow their voters the option to approve a
referendum that will restrict the election of candidates to the board of
education to the particular election district where those candidates and
the voters of that particular election district reside.

 
SUMMARY OF PROVISIONS:

Section 1-2: Authorizes boards of education to establish school election
wards for purposes of electing individual school board members.

Section 3: Effective Date

 
EXISTING LAW:

Under current law, school districts may not restrict the election of
candidates to the board of education to the particular election district
where those candidates and the voters of that particular election
district reside.

 
JUSTIFICATION:

School districts in Upstate New York can encompass a wide geographical
area. There are school districts which span multiple counties and town-
ships, and serve a diverse socio-economic community.

Under current law, union free school districts and central school
districts, upon their own motion, may divide into separate election
districts. However, current law does not permit a school district to
restrict candidates to run for office only in the election district
where they reside, or to limit voters to elect a candidate only from the
election district where they reside. In order to prevent overrepresen-
tation or underrepresentation of one geographical area over the other,
this legislation would give voters the option to approve a referendum
that will restrict the election of candidates to the board of education
to the particular election district where those candidates and the
voters of that particular election district reside.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: S5846 passed Senate / A8163 reported to Ways & Means
2017: S6599 / A881A Veto No. 248
2018: Passed Assembly / Senate: Referred to Rules
2020: S1633 Referred to Education / A5943 Referred to Education

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1792 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1792
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sens. SKOUFIS, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 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.   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-
 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.

                                                            LBD02760-01-1

 S. 1792                             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, SUCH ELECTION SHALL BE HELD IN AT LEAST ONE LOCATION WITH-
 IN  EACH  OF  THE  PROPOSED  SCHOOL  ELECTION WARDS 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-

 S. 1792                             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. 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 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 NOMI-
 NATING PETITIONS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS CHAP-
 TER.
   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

 S. 1792                             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,  SUCH ELECTION SHALL BE HELD IN AT LEAST ONE LOCATION WITHIN
 EACH OF THE PROPOSED SCHOOL ELECTION WARDS 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: (1) MAKE A WRITTEN FINDING THAT,  UPON  EXAMINA-
 TION  OF THE DECENNIAL CENSUS, THE CURRENT SCHOOL ELECTION WARDS CONTAIN

 S. 1792                             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 (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 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 CHAPTER.
   (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 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 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.

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Senate Bill S1792

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Sponsored By

James Skoufis