N.Y. Education Law § 2022: Vote on school district budgets and on the election of school district trustees and board of education members

§ 2022. Vote on school district budgets and on the election of school

district trustees and board of education members. 1. Notwithstanding any

law, rule or regulation to the contrary, the election of trustees or

members of the board of education, and the vote upon the appropriation

of the necessary funds to meet the estimated expenditures, in any common

school district, union free school district, central school district or

central high school district shall be held at the annual meeting and

election on the third Tuesday in May, provided, however, that such

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. The

sole trustee, board of trustees or board of education of every common,

union free, central or central high school district and every city

school district to which this article applies shall hold a budget

hearing not less than seven nor more than fourteen days prior to the

annual meeting and election 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.

2. Except as provided in subdivision four of this section, nothing in

this section shall preclude the trustees or board of education, in their

discretion, from submitting additional items of expenditure to the

voters for approval as separate propositions or the voters from

submitting propositions pursuant to sections two thousand eight and two

thousand thirty-five of this part; provided however that such

propositions shall be subject to the requirements set forth in

subdivision nine of section two thousand twenty-three-a of this part.

2-a. Every common, union free, central, central high school district

and city school district to which this article applies shall mail a

school budget notice to all qualified voters of the school district

after the date of the budget hearing, but no later than six days prior

to the annual meeting and election or special district meeting at which

a school budget vote will occur. The school budget notice shall compare

the percentage increase or decrease in total spending under the proposed

budget over total spending under the school district budget adopted for

the current school year, with the percentage increase or decrease in the

consumer price index, from January first of the prior school year to

January first of the current school year, and shall also include the

information required by paragraphs a and b of this subdivision. The

notice shall also set forth the date, time and place of the school

budget vote, in the same manner as in the notice of annual meeting, and

shall also include the district's tax levy limit pursuant to section two

thousand twenty-three-a of this part, and the estimated school tax levy,

excluding any levy necessary to support the expenditures pursuant to

subparagraphs (i) through (iv) of paragraph i of subdivision two of

section two thousand twenty-three-a of this part, that would result from

adoption of the proposed budget. Such notice shall be in a form

prescribed by the commissioner.

a. Commencing with the proposed budget for the two thousand one--two

thousand two school year, such notice shall also include a description

of how total spending and the tax levy resulting from the proposed

budget would compare with a projected contingency budget adopted

pursuant to section two thousand twenty-three of this article, assuming

that such contingency budget is adopted on the same day as the vote on

the proposed budget. Such comparison shall be in total and by component

(program, capital and administrative), and shall include a statement of

the assumptions made in estimating the projected contingency budget.

b. Commencing with the proposed budget for the two thousand eight--two

thousand nine school year, such notice shall also include, in a format

prescribed by the commissioner, an estimate of the tax savings that

would be available to an eligible homeowner under the basic school tax

relief (STAR) exemption authorized by section four hundred twenty-five

of the real property tax law if the proposed budget were adopted. Such

estimate shall be made in the manner prescribed by the commissioner, in

consultation with the office of real property services.

3. In all elections for trustees or members of boards of education or

votes involving the expenditure of money, or authorizing the levy of

taxes, the vote thereon shall be by ballot, or, in school districts that

prior to nineteen hundred ninety-eight conducted their vote at the

annual meeting, may be ascertained by taking and recording the ayes and

noes of such qualified voters attending and voting at such district

meetings.

4. The budget adoption process shall conform to the requirements set

forth in section two thousand twenty-three-a of this part. In the event

that the original proposed budget is not approved by the voters, the

sole trustee, trustees or board of education may adopt a final budget

pursuant to subdivision five of this section or resubmit to the voters

the original or a revised budget pursuant to subdivision three of

section two thousand seven of this part. Upon one defeat of such

resubmitted budget, the sole trustee, trustees or board of education

shall adopt a final budget pursuant to subdivision five of this section.

Notwithstanding any other provision of law to the contrary, the school

district budget for any school year, or any part of such budget or any

propositions involving the expenditure of money for such school year

shall not be submitted for a vote of the qualified voters more than

twice.

5. If the qualified voters fail to approve the proposed school

district budget upon resubmission or upon a determination not to

resubmit for a second vote pursuant to subdivision four of this section,

the sole trustee, trustees or board of education, after applying thereto

the public school moneys and other moneys received or to be received for

that purpose, shall levy a tax for the sum necessary for teachers'

salaries and other ordinary contingent expenses in accordance with the

provisions of this subdivision and sections two thousand twenty-three

and two thousand twenty-three-a of this article.

6. Notwithstanding the provisions of subdivision four of section

eighteen hundred four and subdivision five of section nineteen hundred

six of this title, subdivision one of section two thousand two of this

article, subdivision one of this section, subdivision two of section

twenty-six hundred one-a of this title and any other provision of law to

the contrary, the annual district meeting and election of every common,

union free, central and central high school district and the annual

meeting of every city school district in a city having a population of

less than one hundred twenty-five thousand inhabitants that is scheduled

to be held on the third Tuesday of May, two thousand three is hereby

adjourned until the first Tuesday in June, two thousand three. The

trustees or board of education of each such school district shall

provide notice of such adjourned meeting to the qualified voters in the

manner prescribed for notice of the annual meeting, and such notice

shall provide for an adjourned budget hearing. The adjourned district

meeting or district meeting and election shall be deemed the annual

meeting or annual meeting and election of the district for all purposes

under this title and the date of the adjourned meeting shall be deemed

the statewide uniform voting day for all purposes under this title.

Notwithstanding the provisions of subdivision seven of section sixteen

hundred eight or subdivision seven of section seventeen hundred sixteen

of this title or any other provision of law, rule or regulation to the

contrary, in two thousand three the property tax report card shall be

submitted to the department no later than twenty days prior to the date

of the adjourned meeting and the department shall make its compilation

available electronically at least seven days prior to such date.

7. Each school district shall post on its website, if any, a final

annual budget and any multi-year financial plan adopted by the board of

education or trustees.