§ 2502. Board of education. 1. The board of education of each city
school district shall constitute a body corporate.

2. Each board of education shall consist of five, seven or nine
members, to be known as members of the board of education. In the city
of Albany, such board shall consist of seven members; and in the city of
Rensselaer, such board shall consist of five members; subject, however,
to any increase or decrease of the number of members of such board as
provided pursuant to the provisions of paragraph a of subdivision four
of this section. Members of such board shall be elected by the qualified
voters at large of the school district at annual school elections, under
the provisions of article fifty-three of this chapter; provided,
however, each board of education may upon its own motion, and shall upon
a written petition, subscribed by not less than five hundred qualified
voters of the district, cause to be submitted at the annual school
election a proposition to consider each vacancy upon the board of
education a separate specific office requiring a separate petition to
nominate a candidate to each separate office in accordance with the
provisions of article fifty-three of this chapter.

3. The full term of office of a member of the board of education shall
be three or five years, as the district may determine, except the full
term of office of a member of the board of education in the city of
Albany shall be four years; provided, however, that the term of office
of each incumbent member of the city of Albany board on the effective
date of this amendment shall not be decreased, and provided further,
that one or more of the vacancies filled after this change to four year
terms shall be for terms of two or three years only in order that, as
nearly as possible, an equal number of members shall be elected to the
board each year. Any such school district may decrease the full term of
a member of the board of education to three years or increase the full
term of a member of the board of education to five years by adopting a
proposition at any regular meeting or election to do so; provided,
however, that the term of office of each incumbent member of the board
of education shall not be increased or decreased thereby; and provided,
further, that whenever a proposition shall be adopted to increase the
term of office from three years to five years, or to decrease the term
of office from five years to three years, such proposition shall provide
that one or more of the vacancies to be filled, during each of the three
years next succeeding the adoption of such proposition, shall be for
three or four years only in order that, as nearly as possible, an equal
number of trustees shall be elected to the board each year. The board of
education in the city of Peekskill may, by adopting a resolution,
decrease the full term of a member of the board of education to two
years in order that, as nearly as possible, an equal number of trustees
shall be elected to the board each year; provided, however, that the
term of office of each incumbent member of the board of education shall
not be decreased thereby.

4. a. Each board of education may upon its own motion, and shall upon
a written petition, subscribed by not less than five hundred qualified
voters of the district, cause to be submitted at the annual school
election a proposition to increase or decrease the number of members of
such board to a number specified in subdivision two of this section; or
a proposition to increase or decrease the term of office of members of
the board of education in accordance with subdivision three of this
section.

b. The notice of any annual school election at which a proposition
shall be submitted pursuant to paragraph a of this subdivision shall
include a statement that such proposition will be so submitted. In the
event that the board of education fails or refuses to include such
information in such notice, the commissioner of education may prescribe
the manner in which notice of the submission of such a proposition shall
be given.

c. Upon the adoption of a proposition to increase or decrease the
number of members of the board of education the members of such board
then in office shall continue in office for the balance of their
respective terms. If the proposition so adopted requires an increase in
the number of board members, a sufficient number of members of such
board shall be elected at the annual election immediately succeeding the
election at which such proposition was submitted, to effect the
necessary increase. If the proposition so adopted requires a decrease in
the number of board members, no election of board members shall be held
in such district until the election of a member or members shall be
necessary to maintain the number specified in such proposition. The
offices of those members whose terms so expire without the election of a
successor shall terminate with the expiration of such term. Succeeding
members of such board shall be elected at annual school elections in
such years and in such numbers and for such terms of office as shall be
determined by resolution of the board of education and approved by the
commissioner of education, so that as soon as practicable:

(1) The terms of office of all members of such board shall be five
years or three years, as the district shall have determined;

(2) The number of members elected to and serving on such board shall
equal the number of members specified in such proposition; and

(3) As nearly as possible, an equal number of members of the board of
education will be elected each year.

d. A resolution adopted pursuant to paragraph c of this subdivision,
which shall be subject to approval by the commissioner of education,
shall be placed on file in the office of the clerk of the school
district and shall be a public record.

5. a. The members of a board of education of a school district which
after July first, nineteen hundred fifty, shall become a city school
district, as defined in subdivision sixteen of section two of this
chapter, shall continue in office until the expiration of their
respective terms of office in those cases where such terms of office
expire with the thirtieth day in June and in all other cases such
members shall continue in office until July first next succeeding the
date upon which their respective terms of office would have otherwise
expired.

b. If the total number of members elected to serve on any such board
of education shall be either five, seven or nine, such board shall
continue to be composed of five, seven or nine members, as the case may
be, subject to change in accordance with subdivision four of this
section.

c. If the total number of members elected to serve on any such board
of education shall be other than five, seven or nine, such board of
education shall cause to be submitted at the next succeeding annual
school election, held in accordance with article fifty-three of this
chapter, propositions to determine whether the number of members of such
board shall be five, seven or nine. If the proposition adopted thereat
requires an increase in the number of board members, a sufficient number
of members of such board shall be elected at the annual election
immediately succeeding the election at which such proposition was
submitted, to effect the necessary increase. If the proposition so
adopted requires a decrease in the number of board members, no election
of board members shall be held in such district until the election of a
member or members shall be necessary to maintain the number specified in
such proposition. The offices of those members whose terms so expire
without the election of a successor shall terminate with the expiration
of such term. Thereafter, such board of education shall be composed of
the number of members specified in the proposition for which the
greatest number of valid votes shall have been cast, subject to change
in accordance with subdivision four of this section.

d. Succeeding members of any such board of education shall be elected
at annual school elections in such years and in such numbers and for
such terms of office as shall be determined by resolution of the board
of education and approved by the commissioner of education so that as
soon as practicable:

(1) The terms of office of all members shall be five years or three
years, as the district shall determine;

(2) As nearly as possible, an equal number of the members of the board
of education shall be elected each year; and

(3) In the case of boards of education coming under the provisions of
paragraph c of this subdivision, the number of members elected to and
serving on any such board shall equal the number specified in the
proposition adopted pursuant to paragraph c of this subdivision.

e. A resolution adopted pursuant to paragraph d of this subdivision,
which shall be subject to approval by the commissioner of education,
shall be placed on file in the office of the clerk of the school
district and shall be a public record.

6. Whenever a vacancy shall occur or exist in the office of member of
the board of education, except by reason of expiration of term or of an
increase in the number of members of such board, a majority of the
remaining members of such board may appoint a qualified person to fill
the vacancy. The person so appointed shall hold office until the next
regular school district election, and the person elected to fill such
vacancy shall take office immediately upon the filing of his official
oath of office with the district clerk.

7. No person shall be eligible to the office of member of the board of
education who is not a qualified voter of the city school district and
who has not been a resident of such district for a period of at least
one year immediately preceding the date of his or her election;
provided, however, that no person shall hold at the same time the office
of member of the board of education and any city office other than as a
police officer and firefighter; provided, further, that where territory
is added to a city school district by order of the commissioner pursuant
to article thirty-one of this chapter, residence in the territory so
added to the city school district shall be and shall be deemed to be
residence in the city school district for the purposes of this
subdivision, and a person qualified to vote in school district elections
by virtue of his or her residence in the territory so added to the city
school district immediately prior to the addition of such territory to
the city school district shall be and shall be deemed to be a qualified
voter of the city school district immediately upon the addition of such
territory.

8. A member of a board of education who publicly declares that he will
not accept or serve in the office of member of such board of education,
or refuses or neglects to attend three successive meetings of such
board, of which he is duly notified, without rendering a good and valid
excuse therefor to the other members of such board, vacates his office
by a refusal to serve.

9-a. Notwithstanding any general, special or local law to the
contrary, this subdivision shall apply to the school district of the
city of Rensselaer. a. The members of the board of education of the
school district of the city of Rensselaer shall be elected by the
qualified voters of such district as provided herein.

b. The members of the board of education shall be elected at large
throughout the district by the qualified voters at an annual school
election taking place at the time specified under the provisions of
article fifty-three of this chapter.

c. Except with respect to the number of polling places to be used,
which is provided for in paragraph l of this subdivision, such elections
for such offices shall be governed by the provisions of the election law
in the same manner as candidates for office generally to be elected by
the voters of the city of Rensselaer, provided, however, that each such
candidate shall be required to file a petition containing signatures of
at least one hundred registered voters of such district which petition
shall not contain any political party or independent body, name or
emblem. Each petition shall contain the name of only one candidate and
such petitions shall be filed with the clerk of the board of elections
on or before the twentieth day preceding the day of the annual school
election but not earlier than the thirtieth day preceding the day of the
annual school election.

d. No person shall be eligible for the office of member of such board
of education who is not a qualified voter of such school district and
who has not been a resident of such district for a period of at least
thirty days immediately preceding the date of his election; provided,
however, that no person shall hold at the same time the office of member
of the board of education and any other elective office nor shall he be
a candidate for any other elective office at the same time he is a
candidate for the office of member of such board of education.

e. Petitions for the nomination of members of such school board shall
be on white paper containing the required signatures of qualified voters
of such district who were or will be registered to vote therein thirty
days preceding the annual school election. The sheets of such a petition
shall be numbered consecutively, beginning with number one, at the foot
of each sheet. Such a petition must set forth in every instance the
correct date of signing, the full name of the signer, his present
residence, the ward of such residence, and the election district
thereof. A signer need not himself fill in the date, residence, ward or
election district.

f. Each sheet of such a petition shall be signed in ink and shall be
substantially in the following form:

I, the undersigned, do hereby state that I am a duly qualified voter
of the school district of the city of Rensselaer, that I was or will be
registered to vote therein thirty days preceding the ensuing annual
school election to which this petition pertains, that my present place
of residence is truly stated opposite my signature hereto, and that I
intend to support at the ensuing election, and I do hereby nominate the
following named person as a candidate for nomination for the public
office of member of the board of education of the school district of the
city of Rensselaer to be voted for at the election to be held on
the........... day of................,19.....

In witness whereof, I have hereunto set my hand the day and year
placed opposite my signature.

Date Name of Signer Present Residence

............... ..................... ....................

............... ..................... ....................

............... ..................... ....................

Ward Election District

............................. ....................

............................. ....................

............................. ....................

g. The petition shall be authenticated by witnesses who shall be
qualified to vote at the ensuing annual school election. Such statement
shall be accepted for all purposes as the equivalent of an affidavit,
and if false shall subject the witness to the same penalties as if he
had been duly sworn. The form of such statement shall be substantially
as follows:

Statement of Witness

I,............................(name of witness), state: I am a duly
qualified voter of the state of New York, and now reside in the city,
town or village of....................., in such state,
at............................(fill in street and house number and post
office) therein. The said residence is in the..............(fill in
number) election district of the..........................(fill in ward
in a city, or town, if outside a city). I know each of the voters whose
names are subscribed to this petition sheet containing (fill in
number).................. signatures and each of them subscribed the
same in my presence and upon so subscribing declared to me that the
foregoing statement, made and subscribed by him, was true.

....................

Signature of witness

Date.................

h. The board of elections shall refuse to accept such petitions signed
by an insufficient number of qualified voters, or petitions which are
not timely or petitions bearing a political party or independent body
name or emblem.

i. A person nominated as a candidate for school board member shall be
notified forthwith by mail of such nomination by the board of elections
and such person shall accept such nomination by filing written notice of
acceptance in the office of the county board of elections, not later
than five days after the mailing by the board of elections to such
person of notice that he was so nominated. In the absence of such
filing, such nomination shall be null and void.

j. Objections to petitions for the nomination of members of such board
of education shall be filed with the county board of elections not later
than the fifteenth day prior to the date of the annual school election.
Such objections shall include the specifications of the grounds for such
objections. Except as provided for in this subdivision, the county board
of elections shall apply such rules to the processing, disposition and
notification of such petitions, objections and specifications as are
applicable to nominating petitions in general elections conducted by
said board. When a determination is made that a petition is
insufficient, such board shall give notice of the determination
forthwith by mail to each candidate named in the petition, and, if the
determination is made upon specified objections, the objector shall be
notified. Any judicial proceeding with respect to a petition shall be
instituted within seven days after the last day to file the petitions.

k. The board of elections shall cause to be printed official ballots
containing the names of all candidates as above provided, except that
the board may refuse to have the names of ineligible candidates placed
on such ballots. The names of the candidates shall be arranged in the
order as determined by the drawing by lot by the board of elections in
the manner specified under the provisions of paragraph b of subdivision
two of section two thousand thirty-two of this chapter. Blank spaces
shall be provided so that voters may vote for candidates who have not
been nominated for the offices to be filled at such elections. The form
of such ballots shall conform substantially to the form of ballots used
at annual school elections as prescribed in article fifty-three of this
chapter.

l. Voting for the election of members of such board of education shall
be by voting machine and shall be governed by the applicable provisions
of the election law with respect to voting machines; provided, however,
that a single polling place, at a location within the school district of
the city of Rensselaer specified by the board of education not later
than thirty days prior to the annual school election, shall be utilized.

m. If a candidate, after a petition in his behalf shall have been duly
filed with the clerk of the board of elections, and prior to the date of
the election, shall decline to accept the nomination, die, remove from
the district, accept or be a candidate for another elective office, or
become otherwise disqualified for such city school district office, a
further petition may be filed with such clerk, nominating another
candidate in his place and stead. Such further petition shall in all
respects comply with the provisions of paragraphs c, e and g of this
subdivision, except that it may be filed at any time up to and including
the fifteenth day preceding the date of the annual school election and
the time within which to object to such further petition shall be
extended by the number of days past the twentieth day before the
election that such further petition is filed.

n. The term of office of each member of such board shall be five
years, commencing on the first day of July following his election,
provided, however, that the members first elected shall be elected: two
members for three year terms; two members for four year terms; one
member for a five year term. The candidates receiving a plurality of the
votes cast respectively for the several offices shall be declared
elected. Where more than one office is to be filled by such election and
there is a variance in the length of the terms for which such offices
are to be filled as authorized by this chapter, or where one or more
persons are to be elected for a full term or terms and one or more
persons are to be elected for the unexpired portion of a term or terms,
or both, the candidate receiving the largest number of votes shall be
entitled to the longest term and the candidates receiving the next
highest number of votes shall be entitled, in decreasing order of the
respective numbers of votes, to the several offices, in decreasing order
of the length of such terms or unexpired portions of terms. Whenever a
vacancy shall occur or exist in the office of member of the board of
education except by reason of expiration of term or increase in the
number of members of such board, a majority of the remaining members of
such board, shall elect a qualified person to fill the vacancy. The
person so elected shall hold office to and including the thirtieth day
of June next succeeding the first annual school election at which the
vacancy can be filled. Vacancies so filled shall be for the unexpired
term of the member being replaced.

o. The members so elected to the board of education shall convene on
the first business day in July of each year, unless another date is
chosen pursuant to section twenty-five hundred four of this chapter, at
the time of the commencement of their term of office and select from
their members a president who shall serve for a term of one year.

p. The election of members of the board of education of the school
district of the city of Rensselaer shall take place at an annual school
election held in such city at the time specified under the provisions of
article fifty-three of this chapter. Such election shall be conducted by
the board of elections of the county of Rensselaer at the expense of
such board of elections in the same manner as other elections are
conducted by it. The results of such elections, after canvassing, shall
be certified and reported by the board of elections to the board of
education of such city. The clerk or other appropriate officer of the
board of education shall within twenty-four hours after receipt of such
certification by the board of elections serve a written notice either
personally or by mail upon each person declared to be elected as a
member of the board of education informing him of his election and the
length of his term.

* 10. Each small city 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 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

* 10. Each small city 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 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 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 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

* 10-a. Each small city 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