N.Y. Education Law § 2502: Board of education

§ 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 date chosen pursuant to section twenty-five hundred four of this

article, 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 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.