Bill Text: NY A09855 | 2023-2024 | General Assembly | Amended

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Bill Title: Allows for the designation of students as ex officio members of school boards; clarifies what such ex officio members are permitted to do.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2024-05-30 - substituted by s9018a [A09855 Detail]

Download: New_York-2023-A09855-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9855--A

                   IN ASSEMBLY

                                     April 24, 2024
                                       ___________

        Introduced  by  M.  of A. WOERNER, McDONALD, O'DONNELL, BRABENEC -- read
          once  and  referred  to  the  Committee  on  Education  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the education law, in relation to permitting the desig-
          nation of students as ex officio members  of  school  boards;  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 3 of section 1702  of  the  education  law,  as
     2  amended  by  chapter  314  of  the  laws  of 2005, is amended to read as
     3  follows:
     4    3. Each union free school district[, at the next annual meeting subse-
     5  quent to the effective date of the chapter of the laws of  two  thousand
     6  five  which amended this subdivision, may submit to the qualified voters
     7  of the district for approval, the issue of ex officio student membership
     8  on the school district's board of education, by a  student  attending  a
     9  high  school within such school district. Upon voter approval, each such
    10  district] that operates a high school  shall  establish  a  process  for
    11  [student membership selection] designating at least one student as an ex
    12  officio member pursuant to paragraph c of this subdivision. If, prior to
    13  August  fifth,  two  thousand three, a school district had a policy that
    14  allowed a student or students to be ex officio  members  of  the  school
    15  board,  such  policy  shall  be  deemed to meet the requirements of this
    16  subdivision and shall be deemed  to  have  full  legal  effect.  In  any
    17  district  that  contains  more  than one high school, such process shall
    18  take into consideration the number of high schools within  the  district
    19  and  provide  for a mechanism which allows for fair representation among
    20  the schools. Such school district shall allow such selected  student  or
    21  students to serve as [an] ex officio [member] members of such district's
    22  board of education[, and, if so,] and provided further that:
    23    a. The ex officio student [member] members of the board shall be enti-
    24  tled  to  sit  with board members at all public meetings and hearings of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14010-07-4
        A. 9855--A                          2

     1  the board and may participate in [all board hearings and meetings] other
     2  board activities and responsibilities at the discretion of the board.
     3    b.  The  ex officio student [member of the board] members shall not be
     4  allowed to vote, shall not be allowed to attend executive session or any
     5  other meetings or hearings not open to the  public,  and  shall  not  be
     6  entitled  to receive compensation of any form for participating at board
     7  meetings.
     8    c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
     9  student  [member]  members of the board may be any of the following: the
    10  student that has been duly elected as  student  president  of  the  high
    11  school;  a  student duly elected by the student body; a student selected
    12  by the high school student government; a student selected  by  the  high
    13  school principal; a student selected by the superintendent of schools; a
    14  student selected by majority vote of the school board. [Provided, howev-
    15  er,  in  districts  having district-wide student governments or advisory
    16  committees, the student ex officio  member  shall  be  selected  by  the
    17  superintendent  of  schools from among the members of such district-wide
    18  student governments or advisory committees, subject to  ratification  by
    19  majority vote of the school board.]
    20    d. The ex officio student [member shall be a senior at the high school
    21  and]  members  shall  have  attended  such high school for at least [two
    22  years] one year prior to selection.
    23    § 2. Subdivision 3-a of section 1702 of the education law is REPEALED.
    24    § 3. Subdivision 12 of section 1804 of the education law,  as  amended
    25  by chapter 314 of the laws of 2005, is amended to read as follows:
    26    12.  Each  central school district[, at the next annual meeting subse-
    27  quent to the effective date of the chapter of the laws of  two  thousand
    28  five  which amended this subdivision, may submit to the qualified voters
    29  of the district for approval, the issue of ex officio student membership
    30  on the school district's board of education, by a  student  attending  a
    31  high  school within such school district. Upon voter approval, each such
    32  district] shall establish a process for [student  membership  selection]
    33  designating  at  least  one  student as an ex officio member pursuant to
    34  paragraph c of this subdivision. If, prior to August fifth, two thousand
    35  three, a school district had a policy that allowed a student or students
    36  to be ex officio members of the  school  board,  such  policy  shall  be
    37  deemed  to meet the requirements of this subdivision and shall be deemed
    38  to have full legal effect. In any district that contains more  than  one
    39  high  school,  such  process shall take into consideration the number of
    40  high schools within the district  and  provide  for  a  mechanism  which
    41  allows  for  fair representation among the schools. Such school district
    42  shall allow such selected student or students to serve as [an] ex  offi-
    43  cio  [member]  members  of  such district's board of education[, and, if
    44  so,] and provided further that:
    45    a. The ex officio student [member] members of the board shall be enti-
    46  tled to sit with board members at all public meetings  and  hearings  of
    47  the board and may participate in [all board hearings and meetings] other
    48  board activities and responsibilities at the discretion of the board.
    49    b.  The  ex officio student [member] members of the board shall not be
    50  allowed to vote, shall not be allowed to attend executive session or any
    51  other meetings or hearings not open to the  public,  and  shall  not  be
    52  entitled  to receive compensation of any form for participating at board
    53  meetings.
    54    c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
    55  student  [member]  members of the board may be any of the following: the
    56  student that has been duly elected as  student  president  of  the  high
        A. 9855--A                          3

     1  school;  a  student duly elected by the student body; a student selected
     2  by the high school student government; a student selected  by  the  high
     3  school principal; a student selected by the superintendent of schools; a
     4  student selected by majority vote of the school board. [Provided, howev-
     5  er,  in  districts  having district-wide student governments or advisory
     6  committees, the student ex officio  member  shall  be  selected  by  the
     7  superintendent  of  schools from among the members of such district-wide
     8  student governments or advisory committees, subject to  ratification  by
     9  majority vote of the school board.]
    10    d. The ex officio student [member shall be a senior at the high school
    11  and]  members  shall  have  attended  such high school for at least [two
    12  years] one year prior to selection.
    13    § 4. Subdivision  12-a  of  section  1804  of  the  education  law  is
    14  REPEALED.
    15    §  5.  Subdivision 2 of section 1901 of the education law, as added by
    16  chapter 314 of the laws of 2005, is amended to read as follows:
    17    2. Each central high school district[, at the next annual meeting  and
    18  election  subsequent to the effective date of the chapter of the laws of
    19  two thousand five which added this subdivision, may submit to the quali-
    20  fied voters of the district for approval the issue of ex officio student
    21  membership, on the school district's board of education,  by  a  student
    22  attending  a  high  school  within  such  school  district.  Upon  voter
    23  approval, each such district] shall establish  a  process  for  [student
    24  membership  selection] designating at least one student as an ex officio
    25  member pursuant to paragraph c of this subdivision. If, prior to  August
    26  fifth, two thousand three, a school district had a policy that allowed a
    27  student  or  students to be ex officio members of the school board, such
    28  policy shall be deemed to meet the requirements of this subdivision  and
    29  shall be deemed to have full legal effect. In any district that contains
    30  more  than  one  high school, such process shall take into consideration
    31  the number of high schools within the district and shall provide  for  a
    32  mechanism  which  allows for fair representation among the schools. Such
    33  district shall allow such selected student or students to serve as  [an]
    34  ex  officio  [member]  members of such board of education, and[, if so,]
    35  provided further that:
    36    a. The ex officio student [member] members of the board shall be enti-
    37  tled to sit with board members at all public meetings  and  hearings  of
    38  the board and may participate in [all board hearings and meetings] other
    39  board activities and responsibilities at the discretion of the board.
    40    b.  The  ex officio student [member] members of the board shall not be
    41  allowed to vote, shall not be allowed to attend executive session or any
    42  other meetings or hearings not open to the  public,  and  shall  not  be
    43  entitled  to receive compensation of any form for participating at board
    44  meetings.
    45    c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
    46  student  [member]  members of the board may be any of the following: the
    47  student that has been duly elected as  student  president  of  the  high
    48  school;  a  student duly elected by the student body; a student selected
    49  by the high school student government; a student selected  by  the  high
    50  school principal; a student selected by the superintendent of schools; a
    51  student selected by majority vote of the school board. [Provided, howev-
    52  er,  in  districts  having district-wide student governments or advisory
    53  committees, student ex officio members shall be selected by  the  super-
    54  intendent  of  schools  from  among  the  members  of such district-wide
    55  student governments or advisory committees, subject to  ratification  by
    56  majority vote of the school board.]
        A. 9855--A                          4

     1    d. The ex officio student [member shall be a senior at the high school
     2  and]  members  shall  have  attended  such high school for at least [two
     3  years] one year prior to selection.
     4    § 6. Subdivision 3 of section 1901 of the education law is REPEALED.
     5    §  7.  Subdivision 10 of section 2502 of the education law, as amended
     6  by chapter 314 of the laws of 2005, is amended to read as follows:
     7    10. Each small city school  district[,  at  the  next  annual  meeting
     8  subsequent to the effective date of the chapter of the laws of two thou-
     9  sand  five  which  amended this subdivision, may submit to the qualified
    10  voters of the district for approval, the issue  of  ex  officio  student
    11  membership  on  the  school  district's board of education, by a student
    12  attending  a  high  school  within  such  school  district.  Upon  voter
    13  approval,  each  such  district]  shall establish a process for [student
    14  membership selection] designating at least one student as an ex  officio
    15  member  pursuant to paragraph c of this subdivision. If, prior to August
    16  fifth, two thousand three, a school district had a policy that allowed a
    17  student or students to be ex officio members of the school  board,  such
    18  policy  shall be deemed to meet the requirements of this subdivision and
    19  shall be deemed to have full legal effect. In any district that contains
    20  more than one high school, such process shall  take  into  consideration
    21  the  number  of high schools within the district and provide for a mech-
    22  anism which allows for  fair  representation  among  the  schools.  Such
    23  school  district  shall allow such selected student or students to serve
    24  as [an] ex officio [member] members of such district's board  of  educa-
    25  tion[, and, if so,] and provided further that:
    26    a. The ex officio student [member] members of the board shall be enti-
    27  tled  to  sit  with board members at all public meetings and hearings of
    28  the board and may participate in [all board hearings and meetings] other
    29  board activities and responsibilities at the discretion of the board.
    30    b. The ex officio student [member] members of the board shall  not  be
    31  allowed to vote, shall not be allowed to attend executive session or any
    32  other  meetings  or  hearings  not  open to the public, and shall not be
    33  entitled to receive compensation of any form for participating at  board
    34  meetings.
    35    c.  Notwithstanding  any  other  law  to  the contrary, the ex officio
    36  student [member] members of the board may be any of the  following:  the
    37  student  that  has  been  duly  elected as student president of the high
    38  school; a student selected by the  high  school  student  government;  a
    39  student selected by the high school principal; a student selected by the
    40  superintendent  of  schools;  a student selected by majority vote of the
    41  school board.   [Provided, however, in  districts  having  district-wide
    42  student  governments  or  advisory  committees,  the  student ex officio
    43  member shall be selected by the superintendent of schools from among the
    44  members of such district-wide student governments  or  advisory  commit-
    45  tees, subject to ratification by majority vote of the school board.]
    46    d.  The  ex officio student [member] members shall [be a senior at the
    47  high school and shall] have attended such high school for at least  [two
    48  years] one year prior to selection.
    49    §  8.  Subdivision  10-a  of  section  2502  of  the  education law is
    50  REPEALED.
    51    § 9. Section 1950 of the education law is  amended  by  adding  a  new
    52  subdivision 2-c to read as follows:
    53    2-c.  a. Each board of cooperative educational services shall have one
    54  or more ex officio student members.  Supervisory districts with  ten  or
    55  fewer  component  districts  shall  have at least one ex officio student
    56  member; supervisory districts with more than ten and fewer than or equal
        A. 9855--A                          5

     1  to twenty component districts shall have at least two ex officio student
     2  members; and supervisory  districts  with  more  than  twenty  component
     3  districts shall have at least three ex officio student members.
     4    b. Each supervisory district shall establish a process for determining
     5  which  component  district  or  districts  shall  select  the ex officio
     6  student members each school year.  Such process shall take into  consid-
     7  eration  the  number  of  component  districts  within  the  supervisory
     8  district and provide for a mechanism which  allows  for  fair  represen-
     9  tation  among  the component districts.  Each supervisory district shall
    10  also establish a process by which such component district  or  districts
    11  shall  select  the  ex  officio student member or members, provided that
    12  such members shall be students who have attended a  high  school  within
    13  their  component district for at least one year and who participate in a
    14  program administered by the supervisory district.
    15    c. The ex officio student members of the board shall  be  entitled  to
    16  sit  with board members at all public meetings and hearings of the board
    17  and may participate in other board activities  and  responsibilities  at
    18  the discretion of the board.
    19    d. The ex officio student members of the board shall not be allowed to
    20  vote,  shall  not  be  allowed  to attend executive session or any other
    21  meetings or hearings not open to the public, and shall not  be  entitled
    22  to receive compensation of any form for participating at board meetings.
    23    § 10.  Section 2552 of the education law, as amended by chapter 138 of
    24  the laws of 1974, is amended to read as follows:
    25    § 2552. Board  of education.  The board of education of each such city
    26  school district is hereby continued. The  educational  affairs  in  each
    27  such  city  school  district  shall  be under the general management and
    28  control of a board of education to consist of not less  than  three  and
    29  not more than nine members, to be chosen as hereinafter provided, and to
    30  be  known as members of the board of education, except that the board of
    31  education of the city school district of the city of New York  shall  be
    32  constituted  as provided in article fifty-two-A of this [chapter] title.
    33  The number of members on the board of education of each such city school
    34  district shall continue to be as follows, provided that student ex offi-
    35  cio board members as described in subdivision eleven of section  twenty-
    36  five  hundred  fifty-three of this article shall not be considered board
    37  members for purposes of this section:
    38    a. City school district of the city of Buffalo: nine members.
    39    b. City school district of the city of Rochester: seven members.
    40    c. City school district of the city of Syracuse: seven members.
    41    d. City school district of the city of Yonkers: nine members.
    42    § 11. Section 2553 of the education law is amended by adding  two  new
    43  subdivisions 1-a and 11 to read as follows:
    44    1-a. The provisions of subdivision one of this section shall not apply
    45  to  ex officio board members, as described in subdivision eleven of this
    46  section.
    47    11. Notwithstanding the provisions of any other  law,  each  board  of
    48  education shall establish a process for designating at least one student
    49  as  an  ex  officio  board member.   Ex officio student members shall be
    50  entitled to sit with board members at all public meetings  and  hearings
    51  of the board and may participate in other board activities and responsi-
    52  bilities at the discretion of the board. Such ex officio student members
    53  shall  not  be allowed to vote, shall not be allowed to attend executive
    54  session or any other meetings or hearings not open to the public.
    55    § 12. This act shall take effect on the first of July next  succeeding
    56  the date on which it shall have become a law.