N.Y. Education Law § 1702: Board of education; election; terms of office

§ 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 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.