NY State Senate Bill 2023-S9018A

Senate Bill S9018A

Signed By Governor

2023-2024 Legislative Session

Allows for the designation of students as ex officio members of school boards; repealer

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 05, 2024	signed chap.311 delivered to governor
May 30, 2024	returned to senate passed assembly ordered to third reading rules cal.202 substituted for a9855a
May 29, 2024	referred to education delivered to assembly passed senate
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1068
May 06, 2024	print number 9018a
May 06, 2024	amend and recommit to education
Apr 10, 2024	referred to education

Votes

- May 29, 2024 - Floor Vote
  S9018A
  
  48
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2024
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (13)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 14, 2024 - Education Committee Vote
  S9018A
  
  10
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 14, 2024
      
      aye (10)
      
      Addabbo Jr.
      
      Chu
      
      Cleare
      
      Felder
      
      Jackson
      
      Liu
      
      Mannion
      
      Martinez
      
      Mayer
      
      Stavisky
      
      nay (3)
      
      Oberacker
      
      Stec
      
      Weik
      
      aye wr (2)
      
      Tedisco
      
      Weber

Bill Amendments

Original

A (Active)

2023-S9018 - Details

See Assembly Version of this Bill:: A9855
Law Section:: Education Law
Laws Affected:: Amd §§1702, 1804, 1901, 2502, 1950, 2552 & 2553, rpld §1702 sub 3-a, §1804 sub 12-a, §1901 sub 3, §2502 sub 10-a, Ed L

2023-S9018 - Summary

Allows for the designation of students as ex officio members of school boards; clarifies what such ex officio members are permitted to do.

2023-S9018 - Sponsor Memo

                                 
BILL NUMBER: S9018

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to permitting the desig-
nation of students as ex officio members of school boards; and to repeal
certain provisions of such law relating thereto

 
PURPOSE:

To require all school boards and BOCES to designate at least one ex-of-
ficio student member.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 1702 of the education law to
require union free school districts that operate a high school to desig-
nate at least one student as an ex-officio member.

Section 2 repeals subdivision 3-a of section 1702 of the education law
which allows union free districts to submit to the voters a referendum

every two years determining whether the district should have an ex-offi-
cio student member.

Section 3 amends subdivision 12 of section 1804 of the education law to
require central school districts to designate at least one student as an
ex-officio member.

Section 4 repeals subdivision 12-a of section 1804 of the education law
which allows central school districts to submit to the voters a referen-
dum every two years determining whether the district should have an
ex-officio student member.

Section 5 amends subdivision 2 of section 1901 of the education law to
require central high school districts to designate at least one student
as an ex-officio member.

Section 6 repeals subdivision 3 of section 1901 of the education law
which allows central high school districts to submit to the voters a
referendum every two years determining whether the district should have
an ex-officio student member.

Section 7 amends subdivision 10 of the section 2502 of the education law
to require small city school districts to designate at least one student
as an ex-officio member.

Section 8 repeals subdivision 10-a of section 2502 of the education law
which allows small city school districts to submit to the voters a
referendum every two years determining whether the district should have
an ex-officio student member.

Section 9 amends section 1950 of the education law by adding subdivision
2-c to require each BOCES supervisory district to establish a process
for selecting at least one student ex-officio member.  Districts with
fewer than 10 component districts must have at least one student member;
districts with between 10 and 20 must have two; districts with more than
20 must have at least three.

Section 10 sets forth the effective date.

 
JUSTIFICATION:

There has been growing recognition across the country of the value of
including students' voices on school boards and providing other forums
for student input in educational policy, at both the local and state
level. Massachusetts, for example, has local student advisory committees
in each city, town, and regional school district.  These committees
select a student to serve as an ex-officio member directly on their
school committee.{1} New Jersey has a state-wide student representative
who serves on the State Board of Education.{2}

Participating in school board meetings -- whether as an attendee or a
designated ex-officio member -- provides an opportunity for young New
Yorkers to build skills and habits of civic engagement. And it gives
them a voice in the policy and operation of their schools.  Students
have valuable perspectives and insight about their schools that deserve
to be heard and considered.

Current state law allows school boards to seek approval from voters in
their district via a referendum to add an ex-officio student member to
their board. This process has proved onerous. In practice, many
districts have opted to include informal student participation on their
school boards without seeking approval from their voters.  New York City
also provides opportunities for students to serve on Citywide Education
Councils and Community Education Councils as non-voting members. Section
2590-b of the Education Law requires one student member, a current high
senior, be appointed to the Citywide Councils on Special Education,
English Language Learners, High Schools, and District 75.

This legislation would require every school board in Union Free School
Districts, Central School Districts, Central High School Districts,
Small City School Districts, and BOCES to designate at least one ex-of-
ficio student member. The student members would be non-voting, but would
be entitled to sit with the board at all public meetings and participate
in all board hearings and meetings. The legislation would simplify
existing state law by removing the requirement that districts seek voter
approval to appoint an ex-officio student member and the requirement
that the student member be a high school senior. Instead, the legis-
lation would require that the student shall have attended the high
school for at least one year.

For BOCES, the supervisory district would be required to establish a
mechanism to choose the student ex-officio member or members in such a
way that provides for fair representation across the component
districts. The minimum number of members would be determined by the
total number of component districts.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall become a law.
{1} Section 38M of Chapter 71 of the Massachusetts' General Law
{2} Subchapter 6 of the New Jersey Board of Education Bylaws

2023-S9018 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9018
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 permitting the  desig-
   nation  of  students  as  ex  officio members of school boards; and to
   repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 1702 of the education law, as
 amended by chapter 314 of the laws  of  2005,  is  amended  to  read  as
 follows:
   3. Each union free school district[, at the next annual meeting subse-
 quent  to  the effective date of the chapter of the laws of two thousand
 five which amended this subdivision, may submit to the qualified  voters
 of the district for approval, the issue of ex officio student membership
 on  the  school  district's board of education, by a student attending a
 high school within such school district. Upon voter approval, each  such
 district]  THAT  OPERATES  A  HIGH  SCHOOL shall establish a process for
 [student membership selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX
 OFFICIO MEMBER pursuant to paragraph c of this subdivision. If, prior to
 August fifth, two thousand three, a school district had  a  policy  that
 allowed  a  student  or  students to be ex officio members of the school
 board, such policy shall be deemed to  meet  the  requirements  of  this
 subdivision  and  shall  be  deemed  to  have  full legal effect. In any
 district that contains more than one high  school,  such  process  shall
 take  into  consideration the number of high schools within the district
 and provide for a mechanism which allows for fair  representation  among
 the  schools.  Such school district shall allow such selected student OR
 STUDENTS to serve as [an] ex officio [member] MEMBERS of such district's
 board of education[, and, if so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings of the  board  and
 participate in all board hearings and meetings.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive  session,  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14010-03-4
 S. 9018                             2
 
 shall  not  be  entitled to receive compensation of any form for partic-
 ipating at board meetings.
   c.  Notwithstanding  any  other  law  to  the contrary, the ex officio
 student [member] MEMBERS of the board may be any of the  following:  the
 student  that  has  been  duly  elected as student president of the high
 school; a student duly elected by the student body; a  student  selected
 by  the  high  school student government; a student selected by the high
 school principal; a student selected by the superintendent of schools; a
 student selected by majority vote of the school board. Provided,  howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, [the] AT LEAST  ONE  student  ex  officio  member  shall  be
 selected by the superintendent of schools from among the members of such
 district-wide  student  governments  or  advisory committees, subject to
 ratification by majority vote of the school board.
   d. The ex officio student [member shall be a senior at the high school
 and] MEMBERS shall have attended such high  school  for  at  least  [two
 years] ONE YEAR prior to selection.
   § 2. Subdivision 3-a of section 1702 of the education law is REPEALED.
   §  3.  Subdivision 12 of section 1804 of the education law, as amended
 by chapter 314 of the laws of 2005, is amended to read as follows:
   12. Each central school district[, at the next annual  meeting  subse-
 quent  to  the effective date of the chapter of the laws of two thousand
 five which amended this subdivision, may submit to the qualified  voters
 of the district for approval, the issue of ex officio student membership
 on  the  school  district's board of education, by a student attending a
 high school within such school district. Upon voter approval, each  such
 district]  shall  establish a process for [student membership selection]
 DESIGNATING AT LEAST ONE STUDENT AS AN EX  OFFICIO  MEMBER  pursuant  to
 paragraph c of this subdivision. If, prior to August fifth, two thousand
 three, a school district had a policy that allowed a student or students
 to  be  ex  officio  members  of  the school board, such policy shall be
 deemed to meet the requirements of this subdivision and shall be  deemed
 to  have  full legal effect. In any district that contains more than one
 high school, such process shall take into consideration  the  number  of
 high  schools  within  the  district  and  provide for a mechanism which
 allows for fair representation among the schools. Such  school  district
 shall  allow such selected student OR STUDENTS to serve as [an] ex offi-
 cio [member] MEMBERS of such district's board  of  education[,  and,  if
 so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled  to  sit with board members at all public meetings of the board and
 participate in all board hearings and meetings.
   b. The ex officio student [member] MEMBERS of the board shall  not  be
 allowed  to  vote, shall not be allowed to attend executive session, and
 shall not be entitled to receive compensation of any  form  for  partic-
 ipating at board meetings.
   c.  Notwithstanding  any  other  law  to  the contrary, the ex officio
 student [member] MEMBERS of the board may be any of the  following:  the
 student  that  has  been  duly  elected as student president of the high
 school; a student duly elected by the student body; a  student  selected
 by  the  high  school student government; a student selected by the high
 school principal; a student selected by the superintendent of schools; a
 student selected by majority vote of the school board. Provided,  howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, [the] AT LEAST  ONE  student  ex  officio  member  shall  be
 selected by the superintendent of schools from among the members of such
 S. 9018                             3
 
 district-wide  student  governments  or  advisory committees, subject to
 ratification by majority vote of the school board.
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 4. Subdivision  12-a  of  section  1804  of  the  education  law  is
 REPEALED.
   §  5.  Subdivision 2 of section 1901 of the education law, as added by
 chapter 314 of the laws of 2005, is amended to read as follows:
   2. Each central high school district[, at the next annual meeting  and
 election  subsequent to the effective date of the chapter of the laws of
 two thousand five which added this subdivision, may submit to the quali-
 fied voters of the district for approval the issue of ex officio student
 membership, on the school district's board of education,  by  a  student
 attending  a  high  school  within  such  school  district.  Upon  voter
 approval, each such district] shall establish  a  process  for  [student
 membership  selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX OFFICIO
 MEMBER pursuant to paragraph c of this subdivision. If, prior to  August
 fifth, two thousand three, a school district had a policy that allowed a
 student  or  students to be ex officio members of the school board, such
 policy shall be deemed to meet the requirements of this subdivision  and
 shall be deemed to have full legal effect. In any district that contains
 more  than  one  high school, such process shall take into consideration
 the number of high schools within the district and shall provide  for  a
 mechanism  which  allows for fair representation among the schools. Such
 district shall allow such selected student OR STUDENTS to serve as  [an]
 ex  officio  [member]  MEMBERS of such board of education, and[, if so,]
 provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings of the  board  and
 participate in all board hearings and meetings.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive  session,  and
 shall  not  be  entitled to receive compensation of any form for partic-
 ipating at board meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 school;  a  student duly elected by the student body; a student selected
 by the high school student government; a student selected  by  the  high
 school  principal;  a student selected by the superintendent of schools.
 Provided, however, in districts having district-wide student governments
 or advisory committees, AT LEAST ONE OF THE student ex  officio  members
 shall  be  selected  by  the  superintendent  of  schools from among the
 members of such district-wide student governments  or  advisory  commit-
 tees, subject to ratification by majority vote of the school board.
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 6. Subdivision 3 of section 1901 of the education law is REPEALED.
   § 7. Subdivision 10 of section 2502 of the education law,  as  amended
 by chapter 314 of the laws of 2005, is amended to read as follows:
   10.  Each  small  city  school  district[,  at the next annual meeting
 subsequent to the effective date of the chapter of the laws of two thou-
 sand five which amended this subdivision, may submit  to  the  qualified
 voters  of  the  district  for approval, the issue of ex officio student
 S. 9018                             4

 membership on the school district's board of  education,  by  a  student
 attending  a  high  school  within  such  school  district.  Upon  voter
 approval, each such district] shall establish  a  process  for  [student
 membership  selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX OFFICIO
 MEMBER pursuant to paragraph c of this subdivision. If, prior to  August
 fifth, two thousand three, a school district had a policy that allowed a
 student  or  students to be ex officio members of the school board, such
 policy shall be deemed to meet the requirements of this subdivision  and
 shall be deemed to have full legal effect. In any district that contains
 more  than  one  high school, such process shall take into consideration
 the number of high schools within the district and provide for  a  mech-
 anism  which  allows  for  fair  representation  among the schools. Such
 school district shall allow such selected student OR STUDENTS  to  serve
 as  [an]  ex officio [member] MEMBERS of such district's board of educa-
 tion[, and, if so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings of the  board  and
 participate in all board hearings and meetings.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive  session,  and
 shall  not  be  entitled to receive compensation of any form for partic-
 ipating at board meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 school;  a  student  selected  by  the high school student government; a
 student selected by the high school principal; a student selected by the
 superintendent of schools; a student selected by majority  vote  of  the
 school  board.    Provided,  however,  in districts having district-wide
 student governments or advisory committees, AT LEAST ONE OF the  student
 ex  officio  [member] MEMBERS shall be selected by the superintendent of
 schools from among the members of such district-wide student governments
 or advisory committees, subject to ratification by majority vote of  the
 school board.
   d.  The  ex officio student [member] MEMBERS shall [be a senior at the
 high school and shall] have attended such high school for at least  [two
 years] ONE YEAR prior to selection.
   §  8.  Subdivision  10-a  of  section  2502  of  the  education law is
 REPEALED.
   § 9. Section 1950 of the education law is  amended  by  adding  a  new
 subdivision 2-c to read as follows:
   2-C.  A. EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE ONE
 OR MORE EX OFFICIO STUDENT  MEMBERS.  EACH  SUPERVISORY  DISTRICT  SHALL
 ESTABLISH  A  PROCESS FOR DESIGNATING ONE OR MORE STUDENTS AS EX OFFICIO
 MEMBERS. SUCH PROCESS SHALL TAKE INTO CONSIDERATION THE NUMBER OF COMPO-
 NENT DISTRICTS WITHIN THE SUPERVISORY DISTRICT AND PROVIDE FOR  A  MECH-
 ANISM   WHICH   ALLOWS  FOR  FAIR  REPRESENTATION  AMONG  THE  COMPONENT
 DISTRICTS.
   B. SUCH SUPERVISORY DISTRICT AND THE BOARD OF COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL  ALLOW  SUCH  SELECTED  STUDENTS  TO SERVE AS EX OFFICIO
 MEMBERS OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES.   SUPERVISORY
 DISTRICTS  WITH TEN OR FEWER COMPONENT DISTRICTS SHALL HAVE AT LEAST ONE
 EX OFFICIO STUDENT MEMBER; SUPERVISORY DISTRICTS WITH MORE THAN TEN  AND
 FEWER  THAN  OR  EQUAL TO TWENTY COMPONENT DISTRICTS SHALL HAVE AT LEAST
 TWO EX OFFICIO STUDENT MEMBERS; SUPERVISORY  DISTRICTS  WITH  MORE  THAN
 S. 9018                             5
 
 TWENTY  COMPONENT DISTRICTS SHALL HAVE AT LEAST THREE EX OFFICIO STUDENT
 MEMBERS, AND PROVIDED FURTHER THAT:
   (1)  THE  EX OFFICIO STUDENT MEMBERS OF THE BOARD SHALL BE ENTITLED TO
 SIT WITH THE BOARD MEMBERS AT ALL  PUBLIC  MEETINGS  OF  THE  BOARD  AND
 PARTICIPATE IN ALL BOARD HEARINGS AND MEETINGS.
   (2) THE EX OFFICIO STUDENT MEMBERS SHALL NOT BE ALLOWED TO VOTE, SHALL
 NOT  BE ALLOWED TO ATTEND EXECUTIVE SESSION AND SHALL NOT BE ENTITLED TO
 RECEIVE ANY COMPENSATION OF ANY FORM FOR PARTICIPATING  AT  BOARD  MEET-
 INGS.
   (3)  NOTWITHSTANDING  ANY  OTHER  LAW  TO THE CONTRARY, THE EX OFFICIO
 STUDENT MEMBERS OF THE BOARD SHALL BE STUDENTS WHO ATTEND A HIGH  SCHOOL
 WITHIN  THE  COMPONENT DISTRICTS, WHO HAVE ATTENDED SUCH HIGH SCHOOL FOR
 AT LEAST ONE YEAR, AND WHO PARTICIPATE IN A PROGRAM ADMINISTERED BY  THE
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH SUPERVISORY DISTRICT.
 THE EX OFFICIO STUDENT MEMBERS SHALL BE SELECTED BY  THE  SUPERINTENDENT
 OF THE RELEVANT COMPONENT DISTRICT OR DISTRICTS IN ACCORDANCE WITH PARA-
 GRAPH A OF THIS SUBDIVISION.
   (4) THE SCHOOL DISTRICT IN WHICH THE EX OFFICIO STUDENT MEMBERS RESIDE
 SHALL  PROVIDE  TRANSPORTATION  FOR SUCH STUDENTS FROM THEIR HOME TO THE
 BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  MEETINGS  AND  SHALL  ALSO
 PROVIDE  TRANSPORTATION  AT  THE  END OF SUCH MEETINGS TO SUCH STUDENTS'
 HOME.
   § 10. This act shall take effect on the first of July next  succeeding
 the date on which it shall have become a law.

co-Sponsors

2023-S9018A (ACTIVE) - Details

See Assembly Version of this Bill:: A9855
Law Section:: Education Law
Laws Affected:: Amd §§1702, 1804, 1901, 2502, 1950, 2552 & 2553, rpld §1702 sub 3-a, §1804 sub 12-a, §1901 sub 3, §2502 sub 10-a, Ed L

2023-S9018A (ACTIVE) - Summary

Allows for the designation of students as ex officio members of school boards; clarifies what such ex officio members are permitted to do.

2023-S9018A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9018A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to permitting the desig-
nation of students as ex officio members of school boards; and to repeal
certain provisions of such law relating thereto

 
PURPOSE:

To require all school boards and BOCES to designate at least one ex-of-
ficio student member.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 1702 of the education law to
require union free school districts that operate a high school to desig-
nate at least one student as an ex-officio member.

Section 2 repeals subdivision 3-a of section 1702 of the education law
which allows union free districts to submit to the voters a referendum

every two years determining whether the district should have an ex-offi-
cio student member.

Section 3 amends subdivision 12 of section 1804 of the education law to
require central school districts to designate at least one student as an
ex-officio member.

Section 4 repeals subdivision 12-a of section 1804 of the education law
which allows central school districts to submit to the voters a referen-
dum every two years determining whether the district should have an
ex-officio student member.

Section 5 amends subdivision 2 of section 1901 of the education law to
require central high school districts to designate at least one student
as an ex-officio member.

Section 6 repeals subdivision 3 of section 1901 of the education law
which allows central high school districts to submit to the voters a
referendum every two years determining whether the district should have
an ex-officio student member.

Section 7 amends subdivision 10 of the section 2502 of the education law
to require small city school districts to designate at least one student
as an ex-officio member.

Section 8 repeals subdivision 10-a of section 2502 of the education law
which allows small city school districts to submit to the voters a
referendum every two years determining whether the district should have
an ex-officio student member.

Section 9 amends section 1950 of the education law by adding subdivision
2-c to require each BOCES supervisory district to establish a process
for selecting at least one student ex-officio member.  Districts with
fewer than 10 component districts must have at least one student member;
districts with between 10 and 20 must have two; districts with more than
20 must have at least three.

Section 10 amends section 2552 of the education law to clarify that
student ex-officio members for Buffalo, Rochester, Syracuse, and Yonkers
shall not count toward the required numbers of school board members.

Section 11 amends section 2553 of the education law by adding two new
subdivisions, 1-a, and 11 to require Buffalo, Rochester, Syracuse, and
Yonkers to designate a least one student ex-officio member on their
school boards.

Section 12 sets forth the effective date.

 
JUSTIFICATION:

There has been growing recognition across the country of the value of
including students' voices on school boards and providing other forums
for student input in educational policy, at both the local and state
level. Massachusetts, for example, has local student advisory committees
in each city, town, and regional school district.  These committees
select a student to serve as an ex-officio member directly on their
school committee.{1} New Jersey has a state-wide student representative
who serves on the State Board of Education.{2}

Participating in school board meetings -- whether as an attendee or a
designated ex-officio member -- provides an opportunity for young New
Yorkers to build skills and habits of civic engagement. And it gives
them a voice in the policy and operation of their schools.  Students
have valuable perspectives and insight about their schools that deserve
to be heard and considered.

Current state law allows school boards in many districts to seek
approval from voters in their district via a referendum to add an ex-of-
ficio student member to their board. This process has proved onerous. In
practice, many districts have opted to include informal student partic-
ipation on their school boards without seeking approval from their
voters. New York City also provides opportunities for students to serve
on Citywide Education Councils and Community Education Councils as non-
voting members. Section 2590-b of the Education Law requires one student
member, a current high senior, be appointed to the Citywide Councils on
Special Education, English Language Learners, High Schools, and District
75.

This legislation would require Buffalo, Rochester, Syracuse, and Yonk-
ers, and all Union Free School Districts, Central School Districts,
Central High School Districts, Small City School Districts, and BOCES to
designate at least one ex-officio student member on their school board.
The student members would be non-voting, but would be entitled to sit
with the board at all public meetings and hearings. The legislation
would simplify existing state law by removing the requirement that
districts seek voter approval to appoint an ex-officio student member
and the requirement that the student member be a high school senior.
Instead, the legislation would require that the student shall have
attended the high school for at least one year.

For BOCES, the supervisory district would be required to establish a
mechanism to choose the student ex-officio member or members in such a
way that provides for fair representation across the component
districts. The minimum number of members would be determined by the
total number of component districts.
 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall become a law.
{1} Section 38M of Chapter 71 of the Massachusset's General Law
{2} Subchapter 6 of the New Jersey Board of Education Bylaws

2023-S9018A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9018--A
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed 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 permitting the desig-
   nation of students as ex officio members  of  school  boards;  and  to
   repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 1702  of  the  education  law,  as
 amended  by  chapter  314  of  the  laws  of 2005, is amended to read as
 follows:
   3. Each union free school district[, at the next annual meeting subse-
 quent to the effective date of the chapter of the laws of  two  thousand
 five  which amended this subdivision, may submit to the qualified voters
 of the district for approval, the issue of ex officio student membership
 on the school district's board of education, by a  student  attending  a
 high  school within such school district. Upon voter approval, each such
 district] THAT OPERATES A HIGH SCHOOL  shall  establish  a  process  for
 [student membership selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX
 OFFICIO MEMBER pursuant to paragraph c of this subdivision. If, prior to
 August  fifth,  two  thousand three, a school district had a policy that
 allowed a student or students to be ex officio  members  of  the  school
 board,  such  policy  shall  be  deemed to meet the requirements of this
 subdivision and shall be deemed  to  have  full  legal  effect.  In  any
 district  that  contains  more  than one high school, such process shall
 take into consideration the number of high schools within  the  district
 and  provide  for a mechanism which allows for fair representation among
 the schools. Such school district shall allow such selected  student  OR
 STUDENTS to serve as [an] ex officio [member] MEMBERS of such district's
 board of education[, and, if so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled  to  sit  with board members at all public meetings AND HEARINGS of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14010-06-4

 S. 9018--A                          2
 
 the board and MAY participate in [all board hearings and meetings] OTHER
 BOARD ACTIVITIES AND RESPONSIBILITIES AT THE DISCRETION OF THE BOARD.
   b.  The  ex officio student [member of the board] MEMBERS shall not be
 allowed to vote, shall not be allowed to attend executive session OR ANY
 OTHER MEETINGS OR HEARINGS NOT OPEN TO THE  PUBLIC,  and  shall  not  be
 entitled  to receive compensation of any form for participating at board
 meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 school;  a  student duly elected by the student body; a student selected
 by the high school student government; a student selected  by  the  high
 school principal; a student selected by the superintendent of schools; a
 student selected by majority vote of the school board. [Provided, howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, the student ex officio  member  shall  be  selected  by  the
 superintendent  of  schools from among the members of such district-wide
 student governments or advisory committees, subject to  ratification  by
 majority vote of the school board.]
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 2. Subdivision 3-a of section 1702 of the education law is REPEALED.
   § 3. Subdivision 12 of section 1804 of the education law,  as  amended
 by chapter 314 of the laws of 2005, is amended to read as follows:
   12.  Each  central school district[, at the next annual meeting subse-
 quent to the effective date of the chapter of the laws of  two  thousand
 five  which amended this subdivision, may submit to the qualified voters
 of the district for approval, the issue of ex officio student membership
 on the school district's board of education, by a  student  attending  a
 high  school within such school district. Upon voter approval, each such
 district] shall establish a process for [student  membership  selection]
 DESIGNATING  AT  LEAST  ONE  STUDENT AS AN EX OFFICIO MEMBER pursuant to
 paragraph c of this subdivision. If, prior to August fifth, two thousand
 three, a school district had a policy that allowed a student or students
 to be ex officio members of the  school  board,  such  policy  shall  be
 deemed  to meet the requirements of this subdivision and shall be deemed
 to have full legal effect. In any district that contains more  than  one
 high  school,  such  process shall take into consideration the number of
 high schools within the district  and  provide  for  a  mechanism  which
 allows  for  fair representation among the schools. Such school district
 shall allow such selected student OR STUDENTS to serve as [an] ex  offi-
 cio  [member]  MEMBERS  of  such district's board of education[, and, if
 so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings  AND  HEARINGS  of
 the board and MAY participate in [all board hearings and meetings] OTHER
 BOARD ACTIVITIES AND RESPONSIBILITIES AT THE DISCRETION OF THE BOARD.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive session OR ANY
 OTHER MEETINGS OR HEARINGS NOT OPEN TO THE  PUBLIC,  and  shall  not  be
 entitled  to receive compensation of any form for participating at board
 meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 S. 9018--A                          3
 
 school;  a  student duly elected by the student body; a student selected
 by the high school student government; a student selected  by  the  high
 school principal; a student selected by the superintendent of schools; a
 student selected by majority vote of the school board. [Provided, howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, the student ex officio  member  shall  be  selected  by  the
 superintendent  of  schools from among the members of such district-wide
 student governments or advisory committees, subject to  ratification  by
 majority vote of the school board.]
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 4. Subdivision  12-a  of  section  1804  of  the  education  law  is
 REPEALED.
   §  5.  Subdivision 2 of section 1901 of the education law, as added by
 chapter 314 of the laws of 2005, is amended to read as follows:
   2. Each central high school district[, at the next annual meeting  and
 election  subsequent to the effective date of the chapter of the laws of
 two thousand five which added this subdivision, may submit to the quali-
 fied voters of the district for approval the issue of ex officio student
 membership, on the school district's board of education,  by  a  student
 attending  a  high  school  within  such  school  district.  Upon  voter
 approval, each such district] shall establish  a  process  for  [student
 membership  selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX OFFICIO
 MEMBER pursuant to paragraph c of this subdivision. If, prior to  August
 fifth, two thousand three, a school district had a policy that allowed a
 student  or  students to be ex officio members of the school board, such
 policy shall be deemed to meet the requirements of this subdivision  and
 shall be deemed to have full legal effect. In any district that contains
 more  than  one  high school, such process shall take into consideration
 the number of high schools within the district and shall provide  for  a
 mechanism  which  allows for fair representation among the schools. Such
 district shall allow such selected student OR STUDENTS to serve as  [an]
 ex  officio  [member]  MEMBERS of such board of education, and[, if so,]
 provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled to sit with board members at all public meetings  AND  HEARINGS  of
 the board and MAY participate in [all board hearings and meetings] OTHER
 BOARD ACTIVITIES AND RESPONSIBILITIES AT THE DISCRETION OF THE BOARD.
   b.  The  ex officio student [member] MEMBERS of the board shall not be
 allowed to vote, shall not be allowed to attend executive session OR ANY
 OTHER MEETINGS OR HEARINGS NOT OPEN TO THE  PUBLIC,  and  shall  not  be
 entitled  to receive compensation of any form for participating at board
 meetings.
   c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
 student  [member]  MEMBERS of the board may be any of the following: the
 student that has been duly elected as  student  president  of  the  high
 school;  a  student duly elected by the student body; a student selected
 by the high school student government; a student selected  by  the  high
 school principal; a student selected by the superintendent of schools; A
 STUDENT SELECTED BY MAJORITY VOTE OF THE SCHOOL BOARD. [Provided, howev-
 er,  in  districts  having district-wide student governments or advisory
 committees, student ex officio members shall be selected by  the  super-
 intendent  of  schools  from  among  the  members  of such district-wide
 student governments or advisory committees, subject to  ratification  by
 majority vote of the school board.]
 S. 9018--A                          4
 
   d. The ex officio student [member shall be a senior at the high school
 and]  MEMBERS  shall  have  attended  such high school for at least [two
 years] ONE YEAR prior to selection.
   § 6. Subdivision 3 of section 1901 of the education law is REPEALED.
   §  7.  Subdivision 10 of section 2502 of the education law, as amended
 by chapter 314 of the laws of 2005, is amended to read as follows:
   10. Each small city school  district[,  at  the  next  annual  meeting
 subsequent to the effective date of the chapter of the laws of two thou-
 sand  five  which  amended this subdivision, may submit to the qualified
 voters of the district for approval, the issue  of  ex  officio  student
 membership  on  the  school  district's board of education, by a student
 attending  a  high  school  within  such  school  district.  Upon  voter
 approval,  each  such  district]  shall establish a process for [student
 membership selection] DESIGNATING AT LEAST ONE STUDENT AS AN EX  OFFICIO
 MEMBER  pursuant to paragraph c of this subdivision. If, prior to August
 fifth, two thousand three, a school district had a policy that allowed a
 student or students to be ex officio members of the school  board,  such
 policy  shall be deemed to meet the requirements of this subdivision and
 shall be deemed to have full legal effect. In any district that contains
 more than one high school, such process shall  take  into  consideration
 the  number  of high schools within the district and provide for a mech-
 anism which allows for  fair  representation  among  the  schools.  Such
 school  district  shall allow such selected student OR STUDENTS to serve
 as [an] ex officio [member] MEMBERS of such district's board  of  educa-
 tion[, and, if so,] AND provided further that:
   a. The ex officio student [member] MEMBERS of the board shall be enti-
 tled  to  sit  with board members at all public meetings AND HEARINGS of
 the board and MAY participate in [all board hearings and meetings] OTHER
 BOARD ACTIVITIES AND RESPONSIBILITIES AT THE DISCRETION OF THE BOARD.
   b. The ex officio student [member] MEMBERS of the board shall  not  be
 allowed to vote, shall not be allowed to attend executive session OR ANY
 OTHER  MEETINGS  OR  HEARINGS  NOT  OPEN TO THE PUBLIC, and shall not be
 entitled to receive compensation of any form for participating at  board
 meetings.
   c.  Notwithstanding  any  other  law  to  the contrary, the ex officio
 student [member] MEMBERS of the board may be any of the  following:  the
 student  that  has  been  duly  elected as student president of the high
 school; a student selected by the  high  school  student  government;  a
 student selected by the high school principal; a student selected by the
 superintendent  of  schools;  a student selected by majority vote of the
 school board.   [Provided, however, in  districts  having  district-wide
 student  governments  or  advisory  committees,  the  student ex officio
 member shall be selected by the superintendent of schools from among the
 members of such district-wide student governments  or  advisory  commit-
 tees, subject to ratification by majority vote of the school board.]
   d.  The  ex officio student [member] MEMBERS shall [be a senior at the
 high school and shall] have attended such high school for at least  [two
 years] ONE YEAR prior to selection.
   §  8.  Subdivision  10-a  of  section  2502  of  the  education law is
 REPEALED.
   § 9. Section 1950 of the education law is  amended  by  adding  a  new
 subdivision 2-c to read as follows:
   2-C.  A. EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE ONE
 OR MORE EX OFFICIO STUDENT MEMBERS.  SUPERVISORY DISTRICTS WITH  TEN  OR
 FEWER  COMPONENT  DISTRICTS  SHALL  HAVE AT LEAST ONE EX OFFICIO STUDENT
 MEMBER; SUPERVISORY DISTRICTS WITH MORE THAN TEN AND FEWER THAN OR EQUAL
 S. 9018--A                          5
 
 TO TWENTY COMPONENT DISTRICTS SHALL HAVE AT LEAST TWO EX OFFICIO STUDENT
 MEMBERS; AND SUPERVISORY  DISTRICTS  WITH  MORE  THAN  TWENTY  COMPONENT
 DISTRICTS SHALL HAVE AT LEAST THREE EX OFFICIO STUDENT MEMBERS.
   B. EACH SUPERVISORY DISTRICT SHALL ESTABLISH A PROCESS FOR DETERMINING
 WHICH  COMPONENT  DISTRICT  OR  DISTRICTS  SHALL  SELECT  THE EX OFFICIO
 STUDENT MEMBERS EACH SCHOOL YEAR.  SUCH PROCESS SHALL TAKE INTO  CONSID-
 ERATION  THE  NUMBER  OF  COMPONENT  DISTRICTS  WITHIN  THE  SUPERVISORY
 DISTRICT AND PROVIDE FOR A MECHANISM WHICH  ALLOWS  FOR  FAIR  REPRESEN-
 TATION  AMONG  THE COMPONENT DISTRICTS.  EACH SUPERVISORY DISTRICT SHALL
 ALSO ESTABLISH A PROCESS BY WHICH SUCH COMPONENT DISTRICT  OR  DISTRICTS
 SHALL  SELECT  THE  EX  OFFICIO STUDENT MEMBER OR MEMBERS, PROVIDED THAT
 SUCH MEMBERS SHALL BE STUDENTS WHO HAVE ATTENDED A  HIGH  SCHOOL  WITHIN
 THEIR  COMPONENT DISTRICT FOR AT LEAST ONE YEAR AND WHO PARTICIPATE IN A
 PROGRAM ADMINISTERED BY THE SUPERVISORY DISTRICT.
   C. THE EX OFFICIO STUDENT MEMBERS OF THE BOARD SHALL  BE  ENTITLED  TO
 SIT  WITH BOARD MEMBERS AT ALL PUBLIC MEETINGS AND HEARINGS OF THE BOARD
 AND MAY PARTICIPATE IN OTHER BOARD ACTIVITIES  AND  RESPONSIBILITIES  AT
 THE DISCRETION OF THE BOARD.
   D. THE EX OFFICIO STUDENT MEMBERS OF THE BOARD SHALL NOT BE ALLOWED TO
 VOTE,  SHALL  NOT  BE  ALLOWED  TO ATTEND EXECUTIVE SESSION OR ANY OTHER
 MEETINGS OR HEARINGS NOT OPEN TO THE PUBLIC, AND SHALL NOT  BE  ENTITLED
 TO RECEIVE COMPENSATION OF ANY FORM FOR PARTICIPATING AT BOARD MEETINGS.
   § 10.  Section 2552 of the education law, as amended by chapter 138 of
 the laws of 1974, is amended to read as follows:
   § 2552. Board  of education.  The board of education of each such city
 school district is hereby continued. The  educational  affairs  in  each
 such  city  school  district  shall  be under the general management and
 control of a board of education to consist of not less  than  three  and
 not more than nine members, to be chosen as hereinafter provided, and to
 be  known as members of the board of education, except that the board of
 education of the city school district of the city of New York  shall  be
 constituted  as provided in article fifty-two-A of this [chapter] TITLE.
 The number of members on the board of education of each such city school
 district shall continue to be as follows, PROVIDED THAT STUDENT EX OFFI-
 CIO BOARD MEMBERS AS DESCRIBED IN SUBDIVISION ELEVEN OF SECTION  TWENTY-
 FIVE  HUNDRED  FIFTY-THREE OF THIS ARTICLE SHALL NOT BE CONSIDERED BOARD
 MEMBERS FOR PURPOSES OF THIS SECTION:
   a. City school district of the city of Buffalo: nine members.
   b. City school district of the city of Rochester: seven members.
   c. City school district of the city of Syracuse: seven members.
   d. City school district of the city of Yonkers: nine members.
   § 11. Section 2553 of the education law is amended by adding  two  new
 subdivisions 1-a and 11 to read as follows:
   1-A. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 TO  EX OFFICIO BOARD MEMBERS, AS DESCRIBED IN SUBDIVISION ELEVEN OF THIS
 SECTION.
   11. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  LAW,  EACH  BOARD  OF
 EDUCATION SHALL ESTABLISH A PROCESS FOR DESIGNATING AT LEAST ONE STUDENT
 AS  AN  EX  OFFICIO  BOARD MEMBER.   EX OFFICIO STUDENT MEMBERS SHALL BE
 ENTITLED TO SIT WITH BOARD MEMBERS AT ALL PUBLIC MEETINGS  AND  HEARINGS
 OF THE BOARD AND MAY PARTICIPATE IN OTHER BOARD ACTIVITIES AND RESPONSI-
 BILITIES AT THE DISCRETION OF THE BOARD. SUCH EX OFFICIO STUDENT MEMBERS
 SHALL  NOT  BE ALLOWED TO VOTE, SHALL NOT BE ALLOWED TO ATTEND EXECUTIVE
 SESSION OR ANY OTHER MEETINGS OR HEARINGS NOT OPEN TO THE PUBLIC.
   § 12. This act shall take effect on the first of July next  succeeding
 the date on which it shall have become a law.

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