Provides that elections to fill an increased number of seats on a school board will be conducted at the first annual meeting after the meeting during which number of seats was increased.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4382A
SPONSOR: Paulin
 
TITLE OF BILL:
An act to amend the education law, in relation to providing that
elections to fill an increased number of seats on a school board will be
conducted at the annual meeting after the number of seats was increased
 
PURPOSE OR GENERAL IDEA OF BILL:
Following an annual meeting where the number of school board members is
increased, this legislation extends the period of time boards have to
fill the new seats. Under this legislation, a school board has a year to
fill the new seats, as opposed to the more restrictive current deadline
of between thirty and sixty days.
 
SUMMARY OF PROVISIONS:
Section 1 would provide that elections to fill new board vacancies
created by increasing the number of board members would be held at the
next annual meeting following the annual meeting where the number of
members was increased.
Section 2 would set the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This A-print amendment makes a technical change.
 
JUSTIFICATION:
In order to conduct the work of their district, and with the approval of
voters at an annual meeting, certain school boards are empowered to
increase (or decrease) the number of members on their boards. However,
for union free school districts (and central school districts, which
follow the same process as union frees), districts must hold the
election to add any new members between thirty and sixty days after the
annual meeting. This puts school districts in a difficult position, as
they are subject to other provisions of education law regarding provid-
ing notice of elections, which they must do at least forty-five days
before an election. This effectively gives districts less than a two-
week window to hold an election, whereas other types of school
districts, as well as other local governments, hold the election for the
new members at the next election.
Aligning the requirements of union free and central school districts
with the requirements for other types of school districts will increase
voter participation, save election administration costs, and give school
districts a more navigable path to increase the number of their members.
 
PRIOR LEGISLATIVE HISTORY:
A.6849 of 2023-2024 (McDonald), referred to education.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act would take effect immediately.