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

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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: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-24 - referred to education [A09855 Detail]

Download: New_York-2023-A09855-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9855

                   IN ASSEMBLY

                                     April 24, 2024
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Education

        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 of the  board  and
    25  participate in all board hearings and meetings.
    26    b.  The  ex officio student [member] members of the board shall not be
    27  allowed to vote, shall not be allowed to attend executive  session,  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14010-03-4
        A. 9855                             2

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

     1  district-wide  student  governments  or  advisory committees, subject to
     2  ratification by majority vote of the school board.
     3    d. The ex officio student [member shall be a senior at the high school
     4  and]  members  shall  have  attended  such high school for at least [two
     5  years] one year prior to selection.
     6    § 4. Subdivision  12-a  of  section  1804  of  the  education  law  is
     7  REPEALED.
     8    §  5.  Subdivision 2 of section 1901 of the education law, as added by
     9  chapter 314 of the laws of 2005, is amended to read as follows:
    10    2. Each central high school district[, at the next annual meeting  and
    11  election  subsequent to the effective date of the chapter of the laws of
    12  two thousand five which added this subdivision, may submit to the quali-
    13  fied voters of the district for approval the issue of ex officio student
    14  membership, on the school district's board of education,  by  a  student
    15  attending  a  high  school  within  such  school  district.  Upon  voter
    16  approval, each such district] shall establish  a  process  for  [student
    17  membership  selection] designating at least one student as an ex officio
    18  member pursuant to paragraph c of this subdivision. If, prior to  August
    19  fifth, two thousand three, a school district had a policy that allowed a
    20  student  or  students to be ex officio members of the school board, such
    21  policy shall be deemed to meet the requirements of this subdivision  and
    22  shall be deemed to have full legal effect. In any district that contains
    23  more  than  one  high school, such process shall take into consideration
    24  the number of high schools within the district and shall provide  for  a
    25  mechanism  which  allows for fair representation among the schools. Such
    26  district shall allow such selected student or students to serve as  [an]
    27  ex  officio  [member]  members of such board of education, and[, if so,]
    28  provided further that:
    29    a. The ex officio student [member] members of the board shall be enti-
    30  tled to sit with board members at all public meetings of the  board  and
    31  participate in all board hearings and meetings.
    32    b.  The  ex officio student [member] members of the board shall not be
    33  allowed to vote, shall not be allowed to attend executive  session,  and
    34  shall  not  be  entitled to receive compensation of any form for partic-
    35  ipating at board meetings.
    36    c. Notwithstanding any other law  to  the  contrary,  the  ex  officio
    37  student  [member]  members of the board may be any of the following: the
    38  student that has been duly elected as  student  president  of  the  high
    39  school;  a  student duly elected by the student body; a student selected
    40  by the high school student government; a student selected  by  the  high
    41  school  principal;  a student selected by the superintendent of schools.
    42  Provided, however, in districts having district-wide student governments
    43  or advisory committees, at least one of the student ex  officio  members
    44  shall  be  selected  by  the  superintendent  of  schools from among the
    45  members of such district-wide student governments  or  advisory  commit-
    46  tees, subject to ratification by majority vote of the school board.
    47    d. The ex officio student [member shall be a senior at the high school
    48  and]  members  shall  have  attended  such high school for at least [two
    49  years] one year prior to selection.
    50    § 6. Subdivision 3 of section 1901 of the education law is REPEALED.
    51    § 7. Subdivision 10 of section 2502 of the education law,  as  amended
    52  by chapter 314 of the laws of 2005, is amended to read as follows:
    53    10.  Each  small  city  school  district[,  at the next annual meeting
    54  subsequent to the effective date of the chapter of the laws of two thou-
    55  sand five which amended this subdivision, may submit  to  the  qualified
    56  voters  of  the  district  for approval, the issue of ex officio student
        A. 9855                             4

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

     1  twenty  component districts shall have at least three ex officio student
     2  members, and provided further that:
     3    (1)  The  ex officio student members of the board shall be entitled to
     4  sit with the board members at all  public  meetings  of  the  board  and
     5  participate in all board hearings and meetings.
     6    (2) The ex officio student members shall not be allowed to vote, shall
     7  not  be allowed to attend executive session and shall not be entitled to
     8  receive any compensation of any form for participating  at  board  meet-
     9  ings.
    10    (3)  Notwithstanding  any  other  law  to the contrary, the ex officio
    11  student members of the board shall be students who attend a high  school
    12  within  the  component districts, who have attended such high school for
    13  at least one year, and who participate in a program administered by  the
    14  board  of cooperative educational services of such supervisory district.
    15  The ex officio student members shall be selected by  the  superintendent
    16  of the relevant component district or districts in accordance with para-
    17  graph a of this subdivision.
    18    (4) The school district in which the ex officio student members reside
    19  shall  provide  transportation  for such students from their home to the
    20  board of  cooperative  educational  services  meetings  and  shall  also
    21  provide  transportation  at  the  end of such meetings to such students'
    22  home.
    23    § 10. This act shall take effect on the first of July next  succeeding
    24  the date on which it shall have become a law.