N.Y. Education Law § 1804: Board of education; election; powers and duties

§ 1804. Board of education; election; powers and duties. 1. Each such

central school district shall be managed by a board of education

consisting of five, seven or nine members, which board shall have the

same powers and duties as boards of education in union free school

districts as prescribed by this chapter. Except as provided in this

article, all the provisions of this chapter or of any other general law

relating to or affecting union free school districts shall apply to

central districts organized as herein provided. The corporate existence

of any city school district the territory of which is enlarged by the

formation of a central school district pursuant to this article shall

continue and such central school district shall be and shall be

designated as a city school district and shall be subject to the

provisions of article fifty-one of this chapter and to those provisions

of this article which are not inconsistent with the provisions of

article fifty-one.

2. The first board of education shall be elected at the meeting at

which the resolution organizing such central school district and

establishing a central school is adopted or in case the alternative

voting procedure authorized by section eighteen hundred three-a of this

chapter has been adopted, at the meeting referred to in subdivision

seven of such section. It shall be the duty of such meeting to elect

five, seven or nine members of the board of education who shall by 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.

3. The number of members of the board of education of an organized and

existing central school district may be increased to seven or nine

members in the same manner as increases are made in union free school

districts. The number of members of a board containing nine members may

be decreased to seven or five members and the number of members of a

board containing seven members may be decreased to five members in the

same manner as decreases are made in union free school districts.

4. The annual meeting and election in each central school district

shall be held on the third Tuesday of May provided, however that such

annual meeting and election shall be held on the second Tuesday in May

if the commissioner at the request of a local school board certifies no

later than March first that such election would conflict with religious

observances, and any school budget revote shall be held on the date

specified in subdivision three of section two thousand seven of this

title. Such annual meeting and school budget revote shall be conducted

and the election of members of the board shall be held in the same

manner as in union free school districts organized and operating under

the provisions of this chapter. The board of education of each central

school district shall hold a budget hearing not less than seven nor more

than fourteen days prior to the annual or special district meeting at

which a school budget vote will occur, and shall prepare and present to

the voters at such budget hearing a proposed school district budget for

the ensuing school year.

5. a. Nothing herein contained shall be construed to deprive any

existing school district of the property belonging to such district, or

to affect the indebtedness of said district. An existing district within

the meaning of this article shall be construed to mean a district that

lies within the boundaries of a central school district. Each such

existing district shall be deemed to continue to exist in law for the

purpose of paying all its just debts, including obligations lawfully

issued prior to the organization of such central school district,

together with all interest thereon as the same shall fall due. In

levying the annual school tax upon the property of such central school

districts, the board of education shall also assess and levy upon the

taxable property of each such existing district which has an outstanding

indebtedness, an additional sum sufficient to pay all of such

indebtedness which shall fall due during the school year for which the

tax is levied less any sum received by such central school district and

apportioned and credited to the existing school district pursuant to the

provisions of subdivision four of section eighteen hundred six of this

article.

b. Notwithstanding the provisions of paragraph a of this subdivision,

whenever a common school district or a union free school district shall,

after July first, nineteen hundred sixty-four, become a part of a

central school district either pursuant to the provisions of subdivision

one of section eighteen hundred two of this article, or pursuant to the

provisions of subdivision two thereof, or whenever a central school

district, after such date, shall become a part of another central school

district pursuant to either of such provisions, the central school

district, of which any such district shall have become a part, shall

succeed to all the property rights of such common, union free or central

school district and all indebtedness of any such school district

evidenced by bonds or notes or relating to school building construction

shall become a charge upon such central school district of which such

district shall have become a part, but all other indebtedness of any

such district shall be paid by any such district in accordance with the

provisions of section fifteen hundred eighteen of this chapter and to

that extent any such district shall continue to exist in law for the

purpose of providing for and paying all such indebtedness in accordance

with the provisions of such section.

6. a. The board of education shall not sell or otherwise dispose of

the property of any such existing district except with the approval of a

majority of the qualified voters of such existing district present and

voting upon the question at a meeting of such voters duly called by such

board of education; provided, however, that upon the expiration of five

years from the date of discontinuance of a school, pursuant to section

one thousand eight hundred five of this chapter, the board of education

may, in its discretion, without a vote by such qualified voters upon

such question, sell or otherwise dispose, in the manner provided by law,

of such a school or other building previously used for school purposes

and the real property on which it is situated. For that purpose the

proceeds of such sale or disposal of property belonging to such existing

district, after deducting the cost of repairs or improvements made after

the organization of the central school district, shall be used for the

payment of the portion payable by such existing district of any

outstanding indebtedness of such existing district which shall be due

and payable or which may thereafter become due and payable. Any balance

remaining after the payment of such indebtedness shall be apportioned

among the taxpayers of such existing district as they appear upon the

last completed town or city assessment roll preceding the date of sale,

providing such apportioned sum shall equal or exceed five dollars and

unless the voters of such existing district by a majority vote of those

present and voting at a special district meeting called for that purpose

shall vote to turn over the proceeds of such sale or disposal of such

property to the central district to be used for the benefit of the

central district. Any balance of funds remaining in the treasury of the

several districts included within the central school district on July

first next following the date of the establishment of such central

school district, after paying all outstanding obligations then due and

payable, shall be turned over to the treasurer of the central school

district within thirty days thereafter and shall become available for

use by the board of education of the central school district; provided,

however, that if any such existing district shall have any obligations

which shall become due and payable after such July first, so much of any

such balance of funds as may be necessary shall be held in a special

account by the treasurer of the central school district for the purpose

of paying the principal of, and interest on, such obligations, as the

same shall become due and payable from time to time. The title to all

property erected or otherwise acquired after the organization of such

central school district shall be vested in the central district,

irrespective of the location of such property.

b. The provisions of paragraph a of this subdivision shall not be

applicable to the property of any common or union free school district

which, after July first, nineteen hundred sixty-four, shall become part

of a central school district, nor to any central school district which,

after such date, shall become part of another central school district.

c. Notwithstanding the provisions of paragraph a of this subdivision,

the board of education of a central school district may, by resolution,

after a period of at least seven years of centralization, sell any piece

of real property which such board shall deem to be of no use or value

therefor. The sale of such property shall be without the approval of the

qualified voters of the school district, unless a petition requiring

that the question as to the sale of such property be submitted to a vote

by the qualified voters of such district. Such petition shall be

subscribed and acknowledged by at least ten per centum of the qualified

voters of such district, and filed with the clerk of the board of

education within thirty days of the adoption of such resolution. Upon

the affirmative vote of a majority of the qualified voters, voting

thereon, such resolution shall become effective. The proceeds derived

from such sale shall revert to the use and benefit of the entire

district. Upon approval by the board of education, such funds may be (i)

utilized to reduce existing bonded indebtedness; (ii) applied to

construction, reconstruction or renovation within such district; or

(iii) applied to the general fund of such district.

7. Deeds of property sold or disposed of under the provisions of the

preceding subdivision shall be executed by the board of education of the

central school district or a majority of the members thereof. Any deed

duly executed and delivered by the board of education of the central

school district in the course of a sale or disposal of real property of

a constituent district pursuant to the provisions of the preceding

subdivision shall be valid and effectual to pass all the estate or

interest of such constituent district in the premises. All deeds or

other conveyances of real property of any district heretofore made and

delivered, executed by said board of education of said central school

district by its officers, or in the manner in which deeds are executed

by corporations, or executed in any other manner, shall be as valid and

of the same force and effect as if executed by said board of education

of said central school district or a majority of the members thereof;

but this provision shall not affect any action or proceeding pending at

the time of the taking effect hereof.

8. The board of education may, in its discretion, provide compensation

to a speaker or speakers at commencement day exercises in such amount as

may be determined by the board.

9. a. The board of education shall, for purposes of a criminal history

record check, require the fingerprinting of all prospective employees

pursuant to section three thousand thirty-five of this chapter, who do

not hold valid clearance pursuant to such section or pursuant to section

three thousand four-b of this chapter or section five hundred nine-cc or

twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to

initiating the fingerprinting process, the prospective employer shall

furnish the applicant with the form described in paragraph (c) of

subdivision thirty of section three hundred five of this chapter and

shall obtain the applicant's consent to the criminal history records

search. Every set of fingerprints taken pursuant to this subdivision

shall be promptly submitted to the commissioner for purposes of

clearance for employment.

b. Upon the recommendation of the superintendent, the board may

conditionally appoint a prospective employee. A request for conditional

clearance shall be forwarded to the commissioner along with the

prospective employee's fingerprints, as required by paragraph a of this

subdivision. Such appointment shall not commence until notification by

the commissioner that the prospective employee has been conditionally

cleared for employment and shall terminate forty-five days after such

notification of conditional clearance or when the prospective employer

is notified of a determination by the commissioner to grant or deny

clearance, whichever occurs earlier, and may not be extended or renewed

unless the commissioner issues a new conditional clearance after finding

that there was good cause for failing to obtain clearance within such

period, provided that if clearance is granted the appointment shall

continue and the conditional status shall be removed. Prior to

commencement of such conditional appointment, the prospective employer

shall obtain a signed statement for conditional appointment from the

prospective employee, indicating whether, to the best of his or her

knowledge, he or she has a pending criminal charge or criminal

conviction in any jurisdiction outside the state.

c. Upon the recommendation of the superintendent, the board may make

an emergency conditional appointment when an unforeseen emergency

vacancy has occurred. When such appointment is made, the process for

conditional appointment pursuant to paragraph b of this subdivision must

also be initiated. Emergency conditional appointment may commence prior

to notification from the commissioner on conditional clearance but shall

terminate twenty business days from the date such appointment commences

or when the prospective employer is notified by the commissioner

regarding conditional clearance, whichever occurs earlier, provided that

if conditional clearance is granted the appointment shall continue as a

conditional appointment. Prior to the commencement of such appointment,

the prospective employer must obtain a signed statement for emergency

conditional appointment from the prospective employee, indicating

whether, to the best of his or her knowledge, he or she has a pending

criminal charge or criminal conviction in any jurisdiction. An

unforeseen emergency vacancy shall be defined as: (i) a vacancy that

occurred less than ten business days before the start of any school

session, including summer school, or during any school session,

including summer school, without sufficient notice to allow for

clearance or conditional clearance; (ii) when no other qualified person

is available to fill the vacancy temporarily; and (iii) when emergency

conditional appointment is necessary to maintain services which the

district is legally required to provide or services necessary to protect

the health, education or safety of students or staff. The provisions of

subparagraph (i) of this paragraph shall not apply if the board finds

that the district has been unable to fill the vacancy despite good faith

efforts to fill such vacancy in a manner which would have allowed

sufficient time for clearance or conditional clearance.

d. Shall develop a policy for the safety of the children who have

contact with an employee holding conditional appointment or emergency

conditional appointment.

10. The board of education shall upon commencement and termination of

employment of an employee by the school district, provide the

commissioner with the name of and position held by such employee.

11. Where the district has provided transportation to students

enrolled in such district to a school sponsored field trip,

extracurricular activity or any other similar event, it shall provide

transportation back to either the point of departure or to the

appropriate school in the district, unless the parent or legal guardian

of a student participating in such event has provided the school

district with written notice, consistent with district policy,

authorizing an alternative form of return transportation for such

student or unless intervening circumstances make such transportation

impractical. In cases where intervening circumstances make

transportation of a student back to the point of departure or to the

appropriate school in the district impractical, a representative of the

school district shall remain with the student until such student's

parent or legal guardian has been (a) contacted and informed of the

intervening circumstances which make such transportation impractical and

(b) such student had been delivered to his or her parent or legal

guardian.

12. Each central 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 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.