New York Laws
Part 1 - General Provisions
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.