§ 1702. Board of education; election; terms of office. 1. Whenever a
union free school district shall be established, pursuant to the
provisions of subdivision three of section fifteen hundred four of this
chapter, or, pursuant to the provisions of sections fifteen hundred
twenty-two and fifteen hundred twenty-three of this chapter, it shall be
the duty of the meeting at which such union free school district is
established to elect by ballot not less than three nor more than nine
trustees, who shall, by the order of such meeting, be divided into a
sufficient number of classes so that as nearly as possible an equal
number of members shall be elected to the board each year, based upon a
normal term of three, four or five years, as such meeting may determine.
Thereafter there shall be elected in such districts, at the annual
meeting, trustees to take the places of those whose terms of office
expire. Such successors shall be elected to serve for a full term of
three, four or five years, as the case may be.

2. The trustees thus elected, shall enter at once upon their offices,
and the office of any existing trustees in such districts, before the
establishment of a union free school district therein, shall cease,
except for the purposes stated in section fifteen hundred eighteen of
this chapter. The said trustees and their successors in office shall
constitute the board of education of the union free school district thus
established.

* 3. Each union free school district, at the next annual meeting
subsequent 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 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 to
serve as an ex officio member of such district's board of education,
and, if so, provided further that:

a. The ex officio student member of the board shall be entitled 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 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 participating at board
meetings.

c. Notwithstanding any other law to the contrary, the ex officio
student member 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,
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 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 shall have attended such high school for at least two years prior to
selection.

* NB Effective until July 1, 2025

* 3. Each union free school district that operates a high school shall
establish a process for 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 ex officio members of such district's board of
education and provided further that:

a. 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.

b. The 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, 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 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.

d. The ex officio student members shall have attended such high school
for at least one year prior to selection.

* NB Effective July 1, 2025

* 3-a. Each union free school district may offer to the voters once
every two years, on the same date as the annual school district budget
vote, a separate referendum to decide whether the school district shall
allow a student, as established under this section, to serve on the
school board as an ex officio, non-voting member.

* NB Repealed July 1, 2025