Legislation

Search OpenLegislation Statutes

This entry was published on 2024-09-13
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1901
Central high school districts; number and election of members of board of education
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 39
§ 1901. Central high school districts; number and election of members
of board of education. 1. Existing central high school districts are
continued. Boards of education of such central high school districts
heretofore established shall continue as constituted under the order of
the commissioner. The number of their members shall be not less than
five. There shall be at least one member of such a board from each
common school district and at least two from each union free school
district within the central high school district. The board of education
of each union free school district in each such central high school
district shall appoint the number of persons so designated by the
commissioner to represent such district as members of the board of
education of such central high school district. In each common school
district having a sole trustee, such trustee shall represent such
district as a member of the board of education of such central high
school district. If a common school district have three trustees, such
board of trustees shall designate one of its members to represent such
district as a member of such board of education. The persons so
designated shall be members of the board of education of the central
high school district during their terms of office as members of the
board of education or as trustees of the districts respectively
represented by them. Whenever a vacancy shall occur in the office of a
member of the board of education of such central high school district,
it shall be filled as above provided.

* 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
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 shall provide for a mechanism which allows for fair representation
among the schools. Such district shall allow such selected student to
serve as an ex officio member of such 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.
Provided, however, in districts having district-wide student governments
or advisory committees, student ex officio 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 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

* 2. Each central high school district 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 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 ex officio members
of such 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 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 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. Each central high 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