New York Laws
Article 37 - Central School Districts
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, at the next annual meeting
subsequent to the effective date of the chapter of the laws of two
thousand five which amended this subdivision, may submit to the
qualified voters of the district for approval, the issue of ex officio
student membership on the school district's board of education, by a
student attending a high school within such school district. Upon voter
approval, each such district shall establish a process for student
membership selection 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 to
serve as an ex officio member of such district's board of education,
and, if so, provided further that:

a. The ex officio student member of the board shall be entitled to sit
with board members at all public meetings of the board and participate
in all board hearings and meetings.

b. The ex officio student member of the board shall not be allowed to
vote, shall not be allowed to attend executive session, 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 member 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. Provided,
however, in districts having district-wide student governments or
advisory committees, the student ex officio member shall be selected by
the superintendent of schools from among the members of such
district-wide student governments or advisory committees, subject to
ratification by majority vote of the school board.

d. The ex officio student member shall be a senior at the high school
and shall have attended such high school for at least two years prior to
selection.

12-a. Each central school district may offer to the voters once every
two years, on the same date as the annual school district budget vote, a
separate referendum to decide whether the school district shall allow a
student, as established under this section, to serve on the school board
as an ex officio, non-voting member.