S T A T E O F N E W Y O R K
________________________________________________________________________
2053--A
2021-2022 Regular Sessions
I N S E N A T E
January 19, 2021
___________
Introduced by Sens. REICHLIN-MELNICK, SKOUFIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion -- 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.
LBD02793-02-1
S. 2053--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
S. 2053--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
S. 2053--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
S. 2053--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
S. 2053--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.
