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A06829 Summary:

BILL NOA06829
 
SAME ASNo Same As
 
SPONSORMcDonald
 
COSPNSR
 
MLTSPNSR
 
Amd 1707, 2504 & 2502, rpld 1707 sub 2, 1904, Ed L
 
Relates to the date of school district annual organizational meetings; allows boards of education to meet on any date on or before the Monday after July 20th for their annual organizational meeting.
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A06829 Actions:

BILL NOA06829
 
05/08/2023referred to education
01/03/2024referred to education
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A06829 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6829
 
SPONSOR: McDonald
  TITLE OF BILL: An act to amend the education law, in relation to the date of school district annual organizational meetings; and to repeal certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA. OF BILL: To allow boards of education to meet on any date on or before the Monday after July 20th for their annual organizational meeting.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 1707 of the education law to provide that union free school districts may choose any date on or before the Monday after July 20th for their annual organizational meet- ing. Section 2 repeals subdivision 2 of section 1707 of the education law. Section 3 repeals section. 1904 of the education law. Section 4 amends subdivision 1 of section 2504 of the education law to provide that city school districts may choose any date on or before the Monday after July 20th for their annual organizational meeting. 'Section 5 repeals subdivision 2 of section 2504 of the education law. Section 6 amends paragraph o of subdivision 9 of section 2502 of the education law to reflect the updated timeline in subdivision 1 of section 2504. Section 7 sets the effective date.   JUSTIFICATION: School districts hold annual organizational meetings, in which they choose their president and vice-president, and often appoint officers such as internal auditors, school attorneys, records access officers, and records management officers, as well as designate depositories for district funds. Given the importance of these decisions, it is important for school board members to be present at these meetings. Since the mid-twentieth century, school boards have been required to hold their organizational meetings on specific dates and times through- out the month of July, with variations between district types and a specific date only for central school districts in Nassau County. In 1997, certain boards were allowed to meet under certain conditions with- in a restricted timespan, and in 2019 the same limited ability was extended to school boards of city school districts. This inflexibility as to the date of the organizational meeting unneces- sarily restricts the autonomy of school boards, while providing no bene- fit to students, districts, or the public at large. On the contrary, if boards were afforded more flexibility as to the date of their organiza- tional meetings, more board members would be able to attend them, which is crucial given the importance of the meeting to school boards' oper- ations for the rest of the year.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A06829 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6829
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Education
 
        AN  ACT  to  amend  the education law, in relation to the date of school
          district  annual  organizational  meetings;  and  to  repeal   certain
          provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 1707  of  the  education  law,  as
     2  amended  by  section  6 of part A of chapter 436 of the laws of 1997, is
     3  amended to read as follows:
     4    [1.] The annual organizational meeting of the board  of  education  of
     5  every union free school district shall be held [on the first Tuesday] in
     6  July  on  or  before  the Monday after the twentieth day in July of each
     7  year[, unless said day shall be a legal holiday, in which event it shall
     8  fall on the first Wednesday in July].
     9    § 2. Subdivision 2 of section 1707 of the education law is REPEALED.
    10    § 3. Section 1904 of the education law is REPEALED.
    11    § 4. Section 2504 of the education law, as added by chapter 762 of the
    12  laws of 1950, and subdivision 2 as added and subdivision 3 as renumbered
    13  by chapter 526 of the laws of 2019, is amended to read as follows:
    14    § 2504. Meetings of board of education. 1. The annual meeting  of  the
    15  board  of education shall be held [during the first week] in  July on or
    16  before the Monday after the twentieth day in July, at  four  o'clock  in
    17  the  afternoon  or  such other hour as the board may determine, at which
    18  meeting the board shall select a president for the ensuing year. At such
    19  meeting the board may also select a vice-president who shall be  author-
    20  ized  to  act  for  the  president in case of the president's absence or
    21  inability to act during such year.
    22    2. [The board of education may, however, by resolution, determine that
    23  the annual meeting be held at any time during the first fifteen days  in
    24  the month of July, at a time to be decided by the board.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10710-01-3

        A. 6829                             2

     1    3.]  Such  board  shall  also fix the day and hour for holding regular
     2  board meetings which shall be at least as often as once each  month  and
     3  shall  also  prescribe  a  method  for  calling special meetings of such
     4  board.
     5    §  5.  Paragraph o of subdivision 9-a of section 2502 of the education
     6  law, as amended by chapter 526 of the laws of 2019, is amended  to  read
     7  as follows:
     8    o.  The  members so elected to the board of education shall convene on
     9  the [first business day in July of each year, unless another] date  [is]
    10  chosen  pursuant  to  section twenty-five hundred four of this [chapter]
    11  article, at the time of the commencement of their  term  of  office  and
    12  select  from their members a president who shall serve for a term of one
    13  year.
    14    § 6. This act shall take effect immediately.
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