3 S 5. Section 1608 of the education law, as amended by section 111 of

4 chapter 474 of the laws of 1996 and the closing paragraph as added by

5 section 157 of chapter 474 of the laws of 1996, is amended to read as

6 follows:

7 S 1608. Estimated expenses for ensuing year. 1. It shall be the duty

8 of the trustees of each common school district to present at the annual

9 {meeting} BUDGET HEARING a detailed statement in writing of the amount

10 of money which will be required for the ensuing year for school

11 purposes, specifying the several purposes and the amount for each. The

12 amount for each purpose estimated necessary for payments to boards of

13 cooperative educational services shall be shown in full, with no

14 deduction of estimated state aid. The amount of state aid provided and

15 its percentage relationship to the total expenditures shall also be

16 shown. This section shall not be construed to prevent the trustees from

17 presenting such statement at a BUDGET HEARING HELD NOT LESS THAN SEVEN

18 NOR MORE THAN FOURTEEN DAYS PRIOR TO A special meeting called for the

19 purpose, nor from presenting a supplementary and amended statement or

20 estimate at any time.

21 2. Such statement shall be completed at least {fourteen} SEVEN days

22 before the {annual or special meeting} BUDGET HEARING at which it is to

23 be presented and copies thereof shall be prepared and made available,

24 upon request, to {taxpayers} RESIDENTS within the district during the

25 period of fourteen days immediately preceding {such} THE ANNUAL MEETING

26 AND ELECTION OR SPECIAL DISTRICT meeting AT WHICH THE BUDGET VOTE WILL

27 OCCUR and at such meeting OR HEARING. The board shall also as a part of

28 the notice required by section two thousand three of this chapter give

29 notice OF THE DATE, TIME AND PLACE OF THE BUDGET HEARING AND that a copy

30 of such statement may be obtained by any {taxpayer} RESIDENT in the

31 district at each schoolhouse in the district in which school is main-

32 tained during certain designated hours on each day other than a Satur-

33 day, Sunday or holiday during the fourteen days immediately preceding

34 such meeting. The board shall include notice of the availability of

35 such statement at least once during the school year in any district-wide

36 mailing distributed.

37 3. Commencing with the proposed budget for the nineteen hundred nine-

38 ty-seven--ninety-eight school year, such proposed budget shall be in

39 plain language and shall be consistent with regulations promulgated by

40 the commissioner pursuant to subdivision twenty-six of section three

41 hundred five of this chapter. Categorization of and format for revenue,

42 including payments in lieu of taxes, property tax refunds from certior-

43 ari proceedings, expenditure, transfer, and fund balance information and

44 changes in such data from the prior year and, in the case of a resubmit-

45 ted or amended budget, changes in such information from the prior year`s

46 submitted budget, shall be complete and accurate and set forth in such a

47 manner as to best promote public comprehension and readability.

48 4. COMMENCING WITH THE PROPOSED BUDGET FOR THE NINETEEN HUNDRED NINE-

49 TY-EIGHT--NINETY-NINE SCHOOL YEAR, SUCH PROPOSED BUDGET SHALL BE

50 PRESENTED IN THREE COMPONENTS: A PROGRAM COMPONENT, A CAPITAL COMPONENT

51 AND AN ADMINISTRATIVE COMPONENT WHICH SHALL BE SEPARATELY DELINEATED IN

52 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AFTER CONSULTATION WITH

53 LOCAL SCHOOL DISTRICT OFFICIALS. THE ADMINISTRATIVE COMPONENT SHALL

54 INCLUDE, BUT NEED NOT BE LIMITED TO, OFFICE AND CENTRAL ADMINISTRATIVE

55 EXPENSES, TRAVELING EXPENSES AND SALARIES AND BENEFITS OF ALL CERTIFIED

56 SCHOOL ADMINISTRATORS AND SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME

1 PERFORMING ADMINISTRATIVE OR SUPERVISORY DUTIES, ANY AND ALL EXPENDI-

2 TURES ASSOCIATED WITH THE OPERATION OF THE OFFICE OF TRUSTEE OR BOARD OF

3 TRUSTEES, THE OFFICE OF THE SUPERINTENDENT OF SCHOOLS, GENERAL ADMINIS-

4 TRATION, THE SCHOOL BUSINESS OFFICE, CONSULTING COSTS NOT DIRECTLY

5 RELATED TO DIRECT STUDENT SERVICES AND PROGRAMS, PLANNING AND ALL OTHER

6 ADMINISTRATIVE ACTIVITIES. THE PROGRAM COMPONENT SHALL INCLUDE, BUT

7 NEED NOT BE LIMITED TO, ALL PROGRAM EXPENDITURES OF THE SCHOOL DISTRICT,

8 INCLUDING THE SALARIES AND BENEFITS OF TEACHERS AND ANY SCHOOL ADMINIS-

9 TRATORS OR SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME PERFORMING

10 TEACHING DUTIES, AND ALL TRANSPORTATION OPERATING EXPENSES. THE CAPITAL

11 COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL TRANSPORTATION

12 CAPITAL, DEBT SERVICE, AND LEASE EXPENDITURES; COSTS RESULTING FROM

13 JUDGMENTS IN TAX CERTIORARI PROCEEDINGS OR THE PAYMENT OF AWARDS FROM

14 COURT JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED OR COMPROMISED CLAIMS;

15 AND ALL FACILITIES COSTS OF THE SCHOOL DISTRICT, INCLUDING FACILITIES

16 LEASE EXPENDITURES, THE ANNUAL DEBT SERVICE AND TOTAL DEBT FOR ALL

17 FACILITIES FINANCED BY BONDS AND NOTES OF THE SCHOOL DISTRICT, AND THE

18 COSTS OF CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR

19 IMPROVEMENT OF SCHOOL BUILDINGS, PROVIDED THAT SUCH BUDGET SHALL INCLUDE

20 A RENTAL, OPERATIONS AND MAINTENANCE SECTION THAT INCLUDES BASE RENT

21 COSTS, TOTAL RENT COSTS, OPERATION AND MAINTENANCE CHARGES, COST PER

22 SQUARE FOOT FOR EACH FACILITY LEASED BY THE SCHOOL DISTRICT, AND ANY AND

23 ALL EXPENDITURES ASSOCIATED WITH CUSTODIAL SALARIES AND BENEFITS,

24 SERVICE CONTRACTS, SUPPLIES, UTILITIES, AND MAINTENANCE AND REPAIRS OF

25 SCHOOL FACILITIES. FOR THE PURPOSES OF THE DEVELOPMENT OF A BUDGET FOR

26 THE NINETEEN HUNDRED NINETY-EIGHT--NINETY-NINE SCHOOL YEAR, THE TRUSTEE

27 OR BOARD OF TRUSTEES SHALL SEPARATE THE DISTRICT`S PROGRAM, CAPITAL AND

28 ADMINISTRATIVE COSTS FOR THE NINETEEN HUNDRED NINETY-SEVEN--NINETY-EIGHT

29 SCHOOL YEAR IN THE MANNER AS IF THE BUDGET FOR SUCH YEAR HAD BEEN

30 PRESENTED IN THREE COMPONENTS.

31 5. The trustee or board of trustees shall append to the statement of

32 estimated expenditures a detailed statement of the total compensation to

33 be paid to the superintendent of schools, and any assistant or associate

34 superintendents of schools in the ensuing school year, including a

35 delineation of the salary, annualized cost of benefits and any in-kind

36 or other form of remuneration. The trustees shall also append a list of

37 all other school administrators and supervisors, if any, whose annual

38 salary will be eighty-five thousand dollars or more in the ensuing

39 school year, with the title of their positions and annual salary identi-

40 fied; provided however, that the commissioner may adjust such salary

41 level to reflect increases in administrative salaries after June thirti-

42 eth, nineteen hundred ninety-eight. The trustees shall submit a copy of

43 such list and statement, in a form prescribed by the commissioner, of

44 compensation to the commissioner within five days after their prepara-

45 tion. The commissioner shall compile such data, together with the data

46 submitted pursuant to subdivision three of section seventeen hundred

47 sixteen of this chapter, into a single statewide compilation, which

48 shall be made available to the governor, the legislature, and other

49 interested parties upon request.

50 6. Each year, the board of education shall prepare a school district

51 report card, pursuant to regulations of the commissioner, and shall make

52 it publicly available by transmitting it to local newspapers of general

53 circulation, appending it to copies of the proposed budget made publicly

54 available as required by law, making it available for distribution at

55 the annual meeting, and otherwise disseminating it as required by the

56 commissioner. Such report card shall include measures of the academic

1 performance of the school district, on a school by school basis, and

2 measures of the fiscal performance of the district, as prescribed by the

3 commissioner. Pursuant to regulations of the commissioner, the report

4 card shall also compare these measures to statewide averages for all

5 public schools, and statewide averages for public schools of comparable

6 wealth and need, developed by the commissioner. Such report card shall

7 include, at a minimum, any information on the school district regarding

8 pupil performance and expenditure per pupil required to be included in

9 the annual report by the regents to the governor and the legislature

10 pursuant to section two hundred fifteen-a of this chapter; and any other

11 information required by the commissioner. School districts (i) identi-

12 fied as having fifteen percent or more of their students in special

13 education, or (ii) which have fifty percent or more of their students

14 with disabilities in special education programs or services sixty

15 percent or more of the school day in a general education building, or

16 (iii) which have eight percent or more of their students with disabili-

17 ties in special education programs in public or private separate educa-

18 tional settings shall indicate on their school district report card

19 their respective percentages as defined in this subparagraph and subpar-

20 agraphs (i) and (ii) of this paragraph as compared to the statewide

21 average.

22 S 6. Section 1707 of the education law, as amended by chapter 428 of

23 the laws of 1971, is amended to read as follows:

24 S 1707. Annual ORGANIZATIONAL meetings of boards of education. 1. The

25 annual ORGANIZATIONAL meeting of the board of education of every union

26 free school district shall be held on the first Tuesday in July of each

27 year, unless said day shall be a legal holiday, in which event it shall

28 fall on the first Wednesday in July{; except in districts in which the

29 annual meeting is held on the second Tuesday in July, in which case the

30 annual meeting of the board of education of such district shall be held

31 on the third Tuesday in July}.

32 2. The board of education may, however, by resolution, determine that

33 the annual meeting be held at any time during the first fifteen days in

34 the month of July{; except in districts in which the annual meeting is

35 held on the second Tuesday in July, in which case the annual meeting

36 may, by resolution of the board of education, be fixed at any time

37 during the last fifteen days of July}.

38 S 7. Section 1716 of the education law, as amended by section 112 of

39 chapter 474 of the laws of 1996 and the closing paragraph as added by

40 section 158 of chapter 474 of the laws of 1996, is amended to read as

41 follows:

42 S 1716. Estimated expenses for ensuing year. 1. It shall be the duty

43 of the board of education of each district to present at the annual

44 {meeting} BUDGET HEARING a detailed statement in writing of the amount

45 of money which will be required for the ensuing year for school

46 purposes, specifying the several purposes and the amount for each. The

47 amount for each purpose estimated necessary for payments to boards of

48 cooperative educational services shall be shown in full, with no

49 deduction of estimated state aid. The amount of state aid provided and

50 its percentage relationship to the total expenditures shall also be

51 shown. This section shall not be construed to prevent the board from

52 presenting such statement at a BUDGET HEARING HELD NOT LESS THAN SEVEN

53 NOR MORE THAN FOURTEEN DAYS PRIOR TO A special meeting called for the

54 purpose, nor from presenting a supplementary and amended statement or

55 estimate at any time.

1 2. Such statement shall be completed at least {fourteen} SEVEN days

2 before the {annual or special meeting} BUDGET HEARING at which it is to

3 be presented and copies thereof shall be prepared and made available,

4 upon request, to {taxpayers} RESIDENTS within the district during the

5 period of fourteen days immediately preceding {such} THE ANNUAL MEETING

6 AND ELECTION OR SPECIAL DISTRICT meeting AT WHICH THE BUDGET VOTE WILL

7 OCCUR and at such meeting OR HEARING. The board shall also as a part of

8 the notice required by section two thousand {three} FOUR of this chapter

9 give notice OF THE DATE, TIME AND PLACE OF THE BUDGET HEARING AND that a

10 copy of such statement may be obtained by any {taxpayer} RESIDENT in the

11 district at each schoolhouse in the district in which school is main-

12 tained during certain designated hours on each day other than a Satur-

13 day, Sunday or holiday during the fourteen days immediately preceding

14 such meeting. The board shall include notice of the availability of

15 such statement at least once during the school year in any district-wide

16 mailing distributed.

17 3. Commencing with the proposed budget for the nineteen hundred nine-

18 ty-seven--ninety-eight school year, such proposed budget shall be in

19 plain language and shall be consistent with regulations promulgated by

20 the commissioner pursuant to subdivision twenty-six of section {three-

21 hundred} THREE HUNDRED five of this chapter. Categorization of and

22 format for revenue, including payments in lieu of taxes, property tax

23 refunds from certiorari proceedings, expenditure, transfer, and fund

24 balance information and changes in such data from the prior year and, in

25 the case of a resubmitted or amended budget, changes in such information

26 from the prior year submitted budget, shall be complete and accurate and

27 set forth in such a manner as to best promote public comprehension and

28 readability.

29 4. COMMENCING WITH THE PROPOSED BUDGET FOR THE NINETEEN HUNDRED NINE-

30 TY-EIGHT--NINETY-NINE SCHOOL YEAR, SUCH PROPOSED BUDGET SHALL BE

31 PRESENTED IN THREE COMPONENTS: A PROGRAM COMPONENT, A CAPITAL COMPONENT

32 AND AN ADMINISTRATIVE COMPONENT WHICH SHALL BE SEPARATELY DELINEATED IN

33 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AFTER CONSULTATION WITH

34 LOCAL SCHOOL DISTRICT OFFICIALS. THE ADMINISTRATIVE COMPONENT SHALL

35 INCLUDE, BUT NEED NOT BE LIMITED TO, OFFICE AND CENTRAL ADMINISTRATIVE

36 EXPENSES, TRAVELING EXPENSES AND SALARIES AND BENEFITS OF ALL CERTIFIED

37 SCHOOL ADMINISTRATORS AND SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME

38 PERFORMING ADMINISTRATIVE OR SUPERVISORY DUTIES, ANY AND ALL EXPENDI-

39 TURES ASSOCIATED WITH THE OPERATION OF THE BOARD OF EDUCATION, THE

40 OFFICE OF THE SUPERINTENDENT OF SCHOOLS, GENERAL ADMINISTRATION, THE

41 SCHOOL BUSINESS OFFICE, CONSULTING COSTS NOT DIRECTLY RELATED TO DIRECT

42 STUDENT SERVICES AND PROGRAMS, PLANNING AND ALL OTHER ADMINISTRATIVE

43 ACTIVITIES. THE PROGRAM COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMIT-

44 ED TO, ALL PROGRAM EXPENDITURES OF THE SCHOOL DISTRICT, INCLUDING THE

45 SALARIES AND BENEFITS OF TEACHERS AND ANY SCHOOL ADMINISTRATORS OR

46 SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME PERFORMING TEACHING

47 DUTIES, AND ALL TRANSPORTATION OPERATING EXPENSES. THE CAPITAL COMPO-

48 NENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL TRANSPORTATION CAPI-

49 TAL, DEBT SERVICE, AND LEASE EXPENDITURES; COSTS RESULTING FROM JUDG-

50 MENTS IN TAX CERTIORARI PROCEEDINGS OR THE PAYMENT OF AWARDS FROM COURT

51 JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED OR COMPROMISED CLAIMS; AND

52 ALL FACILITIES COSTS OF THE SCHOOL DISTRICT, INCLUDING FACILITIES LEASE

53 EXPENDITURES, THE ANNUAL DEBT SERVICE AND TOTAL DEBT FOR ALL FACILITIES

54 FINANCED BY BONDS AND NOTES OF THE SCHOOL DISTRICT, AND THE COSTS OF

55 CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT

56 OF SCHOOL BUILDINGS, PROVIDED THAT SUCH BUDGET SHALL INCLUDE A RENTAL,

1 OPERATIONS AND MAINTENANCE SECTION THAT INCLUDES BASE RENT COSTS, TOTAL

2 RENT COSTS, OPERATION AND MAINTENANCE CHARGES, COST PER SQUARE FOOT FOR

3 EACH FACILITY LEASED BY THE SCHOOL DISTRICT, AND ANY AND ALL EXPENDI-

4 TURES ASSOCIATED WITH CUSTODIAL SALARIES AND BENEFITS, SERVICE

5 CONTRACTS, SUPPLIES, UTILITIES, AND MAINTENANCE AND REPAIRS OF SCHOOL

6 FACILITIES. FOR THE PURPOSES OF THE DEVELOPMENT OF A BUDGET FOR THE

7 NINETEEN HUNDRED NINETY-EIGHT--NINETY-NINE SCHOOL YEAR, THE BOARD OF

8 EDUCATION SHALL SEPARATE THE DISTRICT`S PROGRAM, CAPITAL AND ADMINISTRA-

9 TIVE COSTS FOR THE NINETEEN HUNDRED NINETY-SEVEN--NINETY-EIGHT SCHOOL

10 YEAR IN THE MANNER AS IF THE BUDGET FOR SUCH YEAR HAD BEEN PRESENTED IN

11 THREE COMPONENTS.

12 5. The board of education shall append to the statement of estimated

13 expenditures a detailed statement of the total compensation to be paid

14 to the superintendent of schools, and any assistant or associate super-

15 intendents of schools in the ensuing school year, including a deline-

16 ation of the salary, annualized cost of benefits and any in-kind or

17 other form of remuneration. The board shall also append a list of all

18 other school administrators and supervisors, if any, whose annual salary

19 will be eighty-five thousand dollars or more in the ensuing school year,

20 with the title of their positions and annual salary identified; provided

21 however, that the commissioner may adjust such salary level to reflect

22 increases in administrative salaries after June thirtieth, nineteen

23 hundred ninety-eight. The board of education shall submit a copy of

24 such list and statement, in a form prescribed by the commissioner, of

25 compensation to the commissioner within five days after their prepara-

26 tion. The commissioner shall compile such data, together with the data

27 submitted pursuant to subdivision four of section sixteen hundred eight

28 of this chapter, into a single statewide compilation, which shall be

29 made available to the governor, the legislature, and other interested

30 parties upon request.

31 6. Each year, the board of education shall prepare a school district

32 report card, pursuant to regulations of the commissioner, and shall make

33 it publicly available by transmitting it to local newspapers of general

34 circulation, appending it to copies of the proposed budget made publicly

35 available as required by law, making it available for distribution at

36 the annual meeting, and otherwise disseminating it as required by the

37 commissioner. Such report card shall include measures of the academic

38 performance of the school district, on a school by school basis, and

39 measures of the fiscal performance of the district, as prescribed by the

40 commissioner. Pursuant to regulations of the commissioner, the report

41 card shall also compare these measures to statewide averages for all

42 public schools, and statewide averages for public schools of comparable

43 wealth and need, developed by the commissioner. Such report card shall

44 include, at a minimum, any information of the school district regarding

45 pupil performance and expenditure per pupil required to be included in

46 the annual report by the regents to the governor and the legislature

47 pursuant to section two hundred fifteen-a of this chapter; and any other

48 information required by the commissioner. School districts (i) identi-

49 fied as having fifteen percent or more of their students in special

50 education, or (ii) which have fifty percent or more of their students

51 with disabilities in special education programs or services sixty

52 percent or more of the school day in A general education building, or

53 (iii) which have eight percent or more of their students with disabili-

54 ties in special education programs in public or private separate educa-

55 tional settings shall indicate on their school district report card

56 their respective percentages as defined in this {subparagraph} PARAGRAPH

1 and {subparagraphs} PARAGRAPHS (i) and (ii) of this {paragraph} SUBDIVI-

2 SION as compared to the statewide average.

3 S 8. Subdivision 4 of section 1804 of the education law, as amended

4 by chapter 535 of the laws of 1973, is amended to read as follows:

5 4. The annual meeting AND ELECTION in each central school district

6 shall be held on {such} THE THIRD Tuesday {as may be determined in

7 accordance with the provisions of section two thousand two of this chap-

8 ter, and the same} OF MAY PROVIDED, HOWEVER THAT SUCH ANNUAL MEETING AND

9 ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY IF THE COMMISSIONER

10 AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO LATER THAN MARCH

11 FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS OBSERVANCES.

12 SUCH ANNUAL MEETING shall be conducted and the election of members of

13 the board shall be held in the same manner as in union free school

14 districts organized and operating under the provisions of this chapter.

15 THE BOARD OF EDUCATION OF EACH CENTRAL SCHOOL DISTRICT SHALL HOLD A

16 BUDGET HEARING NOT LESS THAN SEVEN NOR MORE THAN FOURTEEN DAYS PRIOR TO

17 THE ANNUAL OR SPECIAL DISTRICT MEETING AT WHICH A SCHOOL BUDGET VOTE

18 WILL OCCUR, AND SHALL PREPARE AND PRESENT TO THE VOTERS AT SUCH BUDGET

19 HEARING A PROPOSED SCHOOL DISTRICT BUDGET FOR THE ENSUING SCHOOL YEAR.

20 S 9. Section 1904 of the education law is amended to read as follows:

21 S 1904. Annual ORGANIZATIONAL meeting of board of education in the

22 county of Nassau. The annual ORGANIZATIONAL meeting of the board of

23 education of every central high school district in the county of Nassau

24 shall be held on the second Tuesday in July of each year.

25 S 10. Subdivision 1, paragraph a of subdivision 4 and paragraph b of

26 subdivision 5 of section 1906 of the education law, subdivision 1 as

27 amended by chapter 641 of the laws of 1974, paragraph a of subdivision 4

28 as added by chapter 851 of the laws of 1956 and paragraph b of subdivi-

29 sion 5 as amended by chapter 457 of the laws of 1989, are amended to

30 read as follows:

31 1. The annual meeting AND ELECTION of a central high school district

32 shall be held on the {first} THIRD Tuesday in {June} MAY, provided,

33 however, that {the board of education may by resolution duly adopted and

34 entered upon its minutes determine that the annual meeting of such

35 central high school district shall be held on a date to be determined by

36 the board which shall be at least ten days prior to the date of the

37 annual meeting of any component district, provided, however, that such

38 meeting shall not be held on a Saturday or a Sunday or on a religious or

39 legal holiday} SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE

40 SECOND TUESDAY IN MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL

41 SCHOOL BOARD CERTIFIES NO LATER THAN MARCH FIRST THAT SUCH ELECTION

42 WOULD CONFLICT WITH RELIGIOUS OBSERVANCES. THE BOARD OF EDUCATION OF

43 EVERY CENTRAL HIGH SCHOOL DISTRICT SHALL HOLD A BUDGET HEARING PRIOR TO

44 EACH ANNUAL MEETING AND ELECTION OR SPECIAL DISTRICT MEETING AT WHICH A

45 SCHOOL BUDGET VOTE WILL OCCUR, AND SHALL PREPARE AND PRESENT TO THE

46 VOTERS AT SUCH BUDGET HEARING A PROPOSED SCHOOL DISTRICT BUDGET FOR THE

47 ENSUING SCHOOL YEAR. Special meetings may be called in the same manner

48 and for the same purposes as special meetings in union free school

49 districts. Such meetings shall be held for the same purposes and in the

50 same manner, and be subject to the same provisions of law, except as may

51 be provided otherwise in subdivision two of this section, as like meet-

52 ings in union free school districts, and all persons who are qualified

53 electors of the school districts included in such central high school

54 district may vote at such meetings.

55 a. Whenever the board of education of a central high school district

56 in the county of Nassau {in which the annual meeting is held on the last

1 Tuesday in April} shall have provided for the personal registration of

2 voters at school meetings or elections in such district, such board of

3 education shall fix the day or days for registration by resolution

4 adopted not later than the fortieth day preceding each annual or special

5 meeting or election in such district. The last day for such registra-

6 tion shall not be more than eleven nor less than three days preceding

7 each annual or special meeting or election. Such board shall forthwith

8 notify the clerk of each component union free school district providing

9 for personal registration, of such registration day or days for each

10 annual meeting. Such board shall also notify each such clerk of every

11 special meeting or election in such central high school district at

12 least ten days prior thereto. The board of registration of the central

13 high school district shall meet on the day or days fixed by such board

14 of education for the purpose of preparing a register, complementary to

15 the register or registers of any component union free school district

16 providing for personal registration, for the personal registration of

17 qualified voters within any component union free school district provid-

18 ing for personal registration, which voters have not registered for the

19 annual or any subsequent special meeting or election in such union free

20 school district, and for the personal registration of qualified voters

21 of any component union free school district not providing for personal

22 registration.

23 b. Where the board of education shall have so divided the central high

24 school district into election districts pursuant to the provisions of

25 this subdivision, notwithstanding the provisions of subdivisions one and

26 three of this section, the vote upon the appropriation of the necessary

27 funds to meet the estimated expenditures of the central high school

28 district and upon any propositions involving the expenditure of money by

29 the central high school district or upon any other matter which may

30 properly be brought before the annual meeting or election of the central

31 high school district, shall be held at the same time as the annual meet-

32 ings or elections of the component union free school districts. {Such

33 vote of the central high school district shall thereafter, and until

34 such resolution of the board of education of the central high school

35 district shall be rescinded by such board, or by the qualified voters of

36 the central high school district, be held at the same time or times and

37 at the same places as the vote at the annual meetings or elections of

38 the component union free school districts therein, provided, however,

39 that the annual meeting of the central high school district shall in

40 such case nevertheless be held on the last Tuesday of April in each

41 year. If such last Tuesday is a religious holiday, such annual meeting

42 shall be held on the Tuesday next succeeding such day.} The clerk of

43 the central high school district shall give the notices required by

44 subdivision one of section two thousand four of this chapter, in

45 relation to such annual meeting.

11 S 16. Subdivision 1 of section 2002 of the education law, as amended

12 by chapter 801 of the laws of 1953, is amended to read as follows:

13 1. {Except as hereinafter provided the} THE annual meeting AND

14 ELECTION of each school district shall be held on the {first} THIRD

15 Tuesday of May in each year, {and, unless} PROVIDED, HOWEVER THAT SUCH

16 ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY

17 IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO

18 LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS

19 OBSERVANCES. UNLESS the hour and place thereof shall have been fixed by

20 a vote of a previous district meeting, the same shall be held in the

21 schoolhouse at seven-thirty o`clock in the evening. If a district

22 possesses more than one schoolhouse, it shall be held in the one usually

23 employed for that purpose, unless the trustees designate another. If the

24 district possesses no schoolhouse, or if the schoolhouse shall not be

25 accessible or adequate, then the annual meeting shall be held at such

26 place as a trustee, or if there be no trustee, the clerk, shall desig-

27 nate in the notice.

28 S 17. Subdivision 2 of section 2002 and subdivisions 3 and 4 of

29 section 2004 of the education law are REPEALED.

30 S 18. Paragraph b of subdivision 6 of section 2004 of the education

31 law, as added by chapter 801 of the laws of 1953 and such subdivision as

32 renumbered by chapter 571 of the laws of 1958, is amended to read as

33 follows:

34 b. the place in each election district where the meeting or election

35 shall be held{, except where, pursuant to subdivision three of section

36 two thousand seventeen of this chapter, the annual meeting for the pres-

37 entation of the statement of estimated expenses for the ensuing year and

38 the vote thereon is to be held at one place then such notice shall state

39 such fact and the time and place where such meeting shall be held},

40 S 19. Subdivision 3 of section 2006 of the education law is REPEALED.

41 S 20. Section 2013 of the education law is REPEALED.

42 S 21. Subdivisions 3, 4, 5 and 6 of section 2017 of the education law

43 are REPEALED.

1 S 23. Section 2022 of the education law, as amended by chapter 571 of

2 the laws of 1958, is amended to read as follows:

3 S 2022. Vote {upon school taxes and on propositions to expend money}

4 ON SCHOOL DISTRICT BUDGETS AND ON THE ELECTION OF SCHOOL DISTRICT TRUS-

5 TEES AND BOARD OF EDUCATION MEMBERS. 1. {After the presentation of the

6 statement or estimate required by section sixteen hundred eight or

7 section seventeen hundred sixteen of this chapter, a vote shall be taken

8 upon the appropriation of the necessary funds to meet the estimated

9 expenditures, except where the vote upon the appropriation of the neces-

10 sary funds to meet the estimated expenditures, or on propositions

11 involving the expenditure of money, or authorizing the levy of taxes,

12 shall be held on the Wednesday next following the day on which the annu-

13 al meeting of the district is held or separately on the same day as the

14 annual meeting is held pursuant to section two thousand thirteen of this

15 chapter.

16 2. Except where the meeting is being held in separate election

17 districts established pursuant to section two thousand seventeen of this

18 chapter, or except where the vote upon the appropriation of the neces-

19 sary funds to meet the estimated expenditures, or on propositions

20 involving the expenditure of money, or authorizing the levy of taxes,

21 takes place on the Wednesday next following the day on which the annual

22 meeting of the district is held or separately on the same day as the

23 annual meeting is held pursuant to section two thousand thirteen of this

24 chapter} NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,

25 THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD OF EDUCATION, AND THE

26 VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO MEET THE ESTIMATED

27 EXPENDITURES, IN ANY COMMON SCHOOL DISTRICT, UNION FREE SCHOOL DISTRICT,

28 CENTRAL SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL DISTRICT SHALL BE HELD AT

29 THE ANNUAL MEETING AND ELECTION ON THE THIRD TUESDAY IN MAY, PROVIDED,

30 HOWEVER, THAT SUCH ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY

31 IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO

32 LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS

33 OBSERVANCES. WHEN SUCH ELECTION OR VOTE IS TAKEN BY VOICE OR HAND VOTE,

34 a majority of the qualified voters present and voting {by a hand or

35 voice vote,} may determine to take up the question of voting the neces-

36 sary funds to meet the estimated expenditures for a specific item sepa-

37 rately, and the qualified voters present and voting may increase the

38 amount of any estimated expenditures or reduce the same, except for

39 teachers` salaries, and the ordinary contingent expenses of the schools.

40 THE SOLE TRUSTEE, BOARD OF TRUSTEES OR BOARD OF EDUCATION OF EVERY

41 COMMON, UNION FREE, CENTRAL OR CENTRAL HIGH SCHOOL DISTRICT AND EVERY

42 CITY SCHOOL DISTRICT TO WHICH THIS ARTICLE APPLIES SHALL HOLD A BUDGET

43 HEARING NOT LESS THAN SEVEN NOR MORE THAN FOURTEEN DAYS PRIOR TO THE

44 ANNUAL MEETING AND ELECTION OR SPECIAL DISTRICT MEETING AT WHICH A

45 SCHOOL BUDGET VOTE WILL OCCUR, AND SHALL PREPARE AND PRESENT TO THE

46 VOTERS AT SUCH BUDGET HEARING A PROPOSED SCHOOL DISTRICT BUDGET FOR THE

47 ENSUING SCHOOL YEAR.

48 2. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, NOTHING IN

49 THIS SECTION SHALL PRECLUDE THE TRUSTEES OR BOARD OF EDUCATION, IN THEIR

50 DISCRETION, FROM SUBMITTING ADDITIONAL ITEMS OF EXPENDITURE TO THE

51 VOTERS FOR APPROVAL AS SEPARATE PROPOSITIONS OR THE VOTERS FROM SUBMIT-

52 TING PROPOSITIONS PURSUANT TO SECTION TWO THOUSAND EIGHT AND TWO THOU-

53 SAND THIRTY-FIVE OF THIS ARTICLE.

54 3. In all {propositions arising at said district meetings,} ELECTIONS

55 FOR TRUSTEES OR MEMBERS OF BOARDS OF EDUCATION OR VOTES involving the

56 expenditure of money, or authorizing the levy of taxes, the vote thereon

1 shall be by ballot, or ascertained by taking and recording the ayes and

2 noes of such qualified voters attending and voting at such district

3 meetings.

4 4. IN THE EVENT THAT THE ORIGINAL PROPOSED BUDGET IS NOT APPROVED BY

5 THE VOTERS, THE SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION MAY ADOPT A

6 FINAL BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS SECTION OR RESUBMIT TO

7 THE VOTERS THE ORIGINAL OR A REVISED BUDGET. UPON ONE DEFEAT OF SUCH

8 RESUBMITTED BUDGET, THE SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION

9 SHALL ADOPT A FINAL BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.

10 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE SCHOOL

11 DISTRICT BUDGET FOR ANY SCHOOL YEAR, OR ANY PART OF SUCH BUDGET OR ANY

12 PROPOSITIONS INVOLVING THE EXPENDITURE OF MONEY FOR SUCH SCHOOL YEAR

13 SHALL NOT BE SUBMITTED FOR A VOTE OF THE QUALIFIED VOTERS MORE THAN

14 TWICE.

15 5. IF THE QUALIFIED VOTERS FAIL TO APPROVE THE PROPOSED SCHOOL

16 DISTRICT BUDGET UPON RESUBMISSION OR UPON A DETERMINATION NOT TO RESUB-

17 MIT FOR A SECOND VOTE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE

18 SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION, AFTER APPLYING THERETO THE

19 PUBLIC SCHOOL MONEYS AND OTHER MONEYS RECEIVED OR TO BE RECEIVED FOR

20 THAT PURPOSE, SHALL LEVY A TAX FOR THE SUM NECESSARY FOR TEACHERS` SALA-

21 RIES AND OTHER ORDINARY CONTINGENT EXPENSES IN ACCORDANCE WITH THE

22 PROVISIONS OF THIS SUBDIVISION AND SECTION TWO THOUSAND TWENTY-THREE OF

23 THIS ARTICLE.

24 S 24. Section 2023 of the education law, as amended by chapter 489 of

25 the laws of 1994, is amended to read as follows:

26 S 2023. Levy of tax for certain purposes without vote; CONTINGENCY

27 BUDGET. 1. If the qualified voters shall neglect or refuse to vote the

28 sum estimated necessary for teachers` salaries, after applying thereto

29 the public school moneys, and other moneys received or to be received

30 for that purpose, or if they shall neglect or refuse to vote the sum

31 estimated necessary for ordinary contingent expenses, including the

32 purchase of library books and other instructional materials associated

33 with a library AND EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD

34 TRIPS AND OTHER EXTRACURRICULAR ACTIVITIES, the sole trustee, board of

35 trustees, or board of education {may} SHALL ADOPT A CONTINGENCY BUDGET

36 INCLUDING SUCH EXPENSES AND SHALL levy a tax for the same, in like

37 manner as if the same had been voted by the qualified voters, SUBJECT TO

38 THE LIMITATIONS CONTAINED IN SUBDIVISIONS THREE AND FOUR OF THIS

39 SECTION.

40 2. Notwithstanding the defeat of a school budget, school districts

41 shall continue to transport students to and from the regular school

42 program in accordance with the mileage limitations previously adopted by

43 the qualified voters of the school district. Such mileage limits shall

44 change only when amended by a special proposition passed by a majority

45 of the qualified voters of the school district. In cases where the

46 school budget is defeated by such qualified voters of the school

47 district, appropriations for transportation costs for purposes other

48 than for transportation to and from the regular school program, AND

49 TRANSPORTATION THAT WOULD CONSTITUTE AN ORDINARY CONTINGENT EXPENSE

50 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, shall be authorized in the

51 budget only after approval by the qualified voters of the district.

52 3. THE ADMINISTRATIVE COMPONENT OF A CONTINGENCY BUDGET SHALL NOT

53 COMPRISE A GREATER PERCENTAGE OF THE CONTINGENCY BUDGET EXCLUSIVE OF THE

54 CAPITAL COMPONENT THAN THE LESSER OF (1) THE PERCENTAGE THE ADMINISTRA-

55 TIVE COMPONENT HAD COMPRISED IN THE PRIOR YEAR BUDGET EXCLUSIVE OF THE

56 CAPITAL COMPONENT; OR (2) THE PERCENTAGE THE ADMINISTRATIVE COMPONENT

 

1 HAD COMPRISED IN THE LAST PROPOSED DEFEATED BUDGET EXCLUSIVE OF THE

2 CAPITAL COMPONENT.

3 4. A. THE CONTINGENCY BUDGET SHALL NOT RESULT IN A PERCENTAGE INCREASE

4 IN TOTAL SPENDING OVER THE DISTRICT`S TOTAL SPENDING UNDER THE SCHOOL

5 DISTRICT BUDGET FOR THE PRIOR SCHOOL YEAR THAT EXCEEDS THE LESSER OF:

6 (I) THE RESULT OBTAINED WHEN ONE HUNDRED TWENTY PERCENT IS MULTIPLIED BY

7 THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX, WITH THE RESULT

8 ROUNDED TO TWO DECIMAL PLACES; OR (II) FOUR PERCENT.

9 B. THE FOLLOWING TYPES OF EXPENDITURES SHALL BE DISREGARDED IN DETER-

10 MINING TOTAL SPENDING:

11 (I) EXPENDITURES RESULTING FROM A TAX CERTIORARI PROCEEDING;

12 (II) EXPENDITURES RESULTING FROM A COURT ORDER OR JUDGMENT AGAINST THE

13 SCHOOL DISTRICT;

14 (III) EMERGENCY EXPENDITURES THAT ARE CERTIFIED BY THE COMMISSIONER AS

15 NECESSARY AS A RESULT OF DAMAGE TO, OR DESTRUCTION OF, A SCHOOL BUILDING

16 OR SCHOOL EQUIPMENT;

17 (IV) CAPITAL EXPENDITURES RESULTING FROM THE CONSTRUCTION, ACQUISI-

18 TION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF SCHOOL FACILI-

19 TIES, INCLUDING DEBT SERVICE AND LEASE EXPENDITURES, SUBJECT TO THE

20 APPROVAL OF THE QUALIFIED VOTERS WHERE REQUIRED BY LAW;

21 (V) EXPENDITURES IN THE CONTINGENCY BUDGET ATTRIBUTABLE TO PROJECTED

22 INCREASES IN PUBLIC SCHOOL ENROLLMENT, WHICH, FOR THE PURPOSE OF THIS

23 SUBDIVISION, MAY INCLUDE INCREASES ATTRIBUTABLE TO THE ENROLLMENT OF

24 STUDENTS ATTENDING A PRE-KINDERGARTEN PROGRAM ESTABLISHED IN ACCORDANCE

25 WITH SECTION THIRTY-SIX HUNDRED TWO-E OF THIS CHAPTER, TO BE COMPUTED

26 BASED UPON AN INCREASE IN ENROLLMENT FROM THE YEAR PRIOR TO THE BASE

27 YEAR FOR WHICH THE BUDGET IS BEING ADOPTED TO THE BASE YEAR FOR WHICH

28 THE BUDGET IS BEING ADOPTED, PROVIDED THAT WHERE THE TRUSTEES OR BOARD

29 OF EDUCATION HAVE DOCUMENTED EVIDENCE THAT A FURTHER INCREASE IN ENROLL-

30 MENT WILL OCCUR DURING THE SCHOOL YEAR FOR WHICH THE CONTINGENCY BUDGET

31 IS PREPARED BECAUSE OF NEW CONSTRUCTION, INCEPTION OF A PRE-KINDERGARTEN

32 PROGRAM, GROWTH OR SIMILAR FACTORS, THE EXPENDITURES ATTRIBUTABLE TO

33 SUCH ADDITIONAL ENROLLMENT MAY ALSO BE DISREGARDED; AND

34 (VI) NON-RECURRING EXPENDITURES IN THE PRIOR YEAR`S SCHOOL DISTRICT

35 BUDGET.

36 C. THE RESOLUTION OF THE TRUSTEE, BOARD OF TRUSTEES, OR BOARD OF

37 EDUCATION ADOPTING A CONTINGENCY BUDGET SHALL INCORPORATE BY REFERENCE A

38 STATEMENT SPECIFYING THE PROJECTED PERCENTAGE INCREASE OR DECREASE IN

39 TOTAL SPENDING FOR THE SCHOOL YEAR, AND EXPLAINING THE REASONS FOR

40 DISREGARDING ANY PORTION OF AN INCREASE IN SPENDING IN FORMULATING THE

41 CONTINGENCY BUDGET.

42 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE

43 TRUSTEES OR BOARD OF EDUCATION SHALL NOT BE AUTHORIZED TO AMEND OR

44 REVISE A FINAL CONTINGENCY BUDGET WHERE SUCH AMENDMENT OR REVISION WOULD

45 RESULT IN TOTAL SPENDING IN EXCESS OF THE SPENDING LIMITATION IN PARA-

46 GRAPH (A) OF THIS SUBDIVISION; PROVIDED THAT THE TRUSTEES OR BOARD OF

47 EDUCATION SHALL BE AUTHORIZED TO ADD APPROPRIATIONS FOR:

48 (I) THE CATEGORIES OF EXPENDITURES EXCLUDED FROM THE SPENDING LIMITA-

49 TIONS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, SUBJECT TO

50 APPROVAL OF THE QUALIFIED VOTERS WHERE REQUIRED BY LAW;

51 (II) EXPENDITURES RESULTING FROM AN ACTUAL INCREASE IN ENROLLMENT OVER

52 THE PROJECTED ENROLLMENT USED TO DEVELOP THE CONTINGENCY BUDGET,

53 PROVIDED THAT WHERE SUCH ACTUAL ENROLLMENT IS LESS THAN SUCH PROJECTED

54 ENROLLMENT, IT SHALL BE THE DUTY OF THE TRUSTEES OR BOARD OF EDUCATION

55 TO USE SUCH EXCESS FUNDS TO REDUCE TAXES; AND

1 (III) THE EXPENDITURE OF GIFTS, GRANTS IN AID FOR SPECIFIC PURPOSES OR

2 FOR GENERAL USE OR INSURANCE PROCEEDS AUTHORIZED PURSUANT TO SUBDIVISION

3 TWO OF SUDIVISION SEVENTEEN HUNDRED EIGHTEEN OF THIS CHAPTER IN ADDITION

4 TO THAT WHICH HAS BEEN PREVIOUSLY BUDGETED.

5 E. FOR THE PURPOSES OF THIS SUBDIVISION:

6 (I) "BASE SCHOOL YEAR" SHALL MEAN THE SCHOOL YEAR IMMEDIATELY PRECED-

7 ING THE SCHOOL YEAR FOR WHICH THE CONTINGENCY BUDGET IS PREPARED.

8 (II) "CONSUMER PRICE INDEX" SHALL MEAN THE PERCENTAGE THAT REPRESENTS

9 THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE

10 UNITED STATES DEPARTMENT OF LABOR, FOR THE TWELVE MONTH PERIOD PRECEDING

11 JANUARY FIRST OF THE CURRENT YEAR.

12 (III) "CURRENT YEAR" SHALL MEAN THE CALENDAR YEAR IN WHICH THE SCHOOL

13 DISTRICT BUDGET IS SUBMITTED FOR A VOTE OF THE QUALIFIED VOTERS.

14 (IV) "RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT SHALL MEAN THE RESI-

15 DENT PUBLIC SCHOOL ENROLLMENT OF THE SCHOOL DISTRICT AS DEFINED IN PARA-

16 GRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS

17 CHAPTER.

18 (V) "TOTAL SPENDING" SHALL MEAN THE TOTAL AMOUNT APPROPRIATED UNDER

19 THE SCHOOL DISTRICT BUDGET FOR THE SCHOOL YEAR.

20 S 25. Section 2022-a of the education law is REPEALED.

21 S 26. Paragraph b of subdivision 7 of section 2034 of the education

22 law is REPEALED and paragraphs c and d are relettered paragraphs b and

23 c.

24 S 27. Subdivision 3 of section 2116-a of the education law, as

25 amended by chapter 1192 of the laws of 1971, is amended to read as

26 follows:

27 3. The school authorities of each school district, except those

28 employing fewer than eight teachers, but including the city school

29 districts of the cities of Buffalo and Rochester, shall obtain an annual

30 audit of its records by an independent certified public accountant or an

31 independent public accountant. The board of education of the city

32 school district of the city of New York, districts of such city shall

33 obtain an annual audit by the comptroller of the city of New York, or by

34 an independent certified public accountant or an independent public

35 accountant. The boards of education of the community districts of such

36 city school district shall obtain an annual audit by the bureau of audit

37 of the board of education of the city school district of the city of New

38 York or by an independent certified public accountant or an independent

39 public accountant. A copy of the audit report in form prescribed by the

40 commissioner and certified by the accountant, or, in the city school

41 district of the city of New York or the community districts therein, by

42 the accountant, or the comptroller or bureau of audit, as the case may

43 be, shall be furnished to the commissioner ON OR BEFORE OCTOBER FIRST

44 FOLLOWING THE END OF THE FISCAL YEAR AUDITED, EXCEPT THAT SUCH REPORT

45 SHALL BE FURNISHED TO THE COMMISSIONER ON OR BEFORE JANUARY FIRST

46 FOLLOWING THE END OF THE FISCAL YEAR AUDITED FOR THE CITY SCHOOL

47 DISTRICTS OF THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE, YONKERS, AND

48 NEW YORK AND FOR THE COMMUNITY SCHOOL DISTRICTS OF THE CITY OF NEW YORK. 49 S 28. Subdivisions 2, 3 and 4 of section 2601-a of the education law,

50 as added by chapter 171 of the laws of 1996, are amended to read as

51 follows:

52 2. The board of education shall conduct all annual and special school

53 district meetings for the purpose of adopting a school district budget

54 in the same manner as a union free school district in accordance with

55 the provisions of article forty-one of this chapter, except as otherwise

56 provided by this section. {Notwithstanding any other provision of law

1 to the contrary, the board may conduct the budget vote separately on the

2 same day designated by law for holding the annual meeting, or the

3 following Wednesday, consistent with sections two thousand four, two

4 thousand thirteen and two thousand twenty-two-a of this chapter} THE

5 ANNUAL MEETING AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE

6 HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR, PROVIDED, HOWEVER THAT

7 SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN

8 MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES

9 NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELI-

10 GIOUS OBSERVANCES. The provisions of this article, and where applicable

11 subdivisions nine and nine-a of section twenty-five hundred two of this

12 chapter, governing the qualification and registration of voters, and

13 procedures for the nomination and election of members of the board of

14 education shall continue to apply, and shall govern the qualification

15 and registration of voters and voting procedures with respect to the

16 adoption of a school district budget.

17 3. The board of education shall prepare a proposed school district

18 budget for the ensuing year in accordance with the provisions of section

19 seventeen hundred sixteen of this chapter. No board of education shall

20 incur a school district liability except as authorized by the provisions

21 of section seventeen hundred eighteen of this chapter. Such proposed

22 budget shall be presented in three components: a program component, a

23 capital component and an administrative component which shall be sepa-

24 rately delineated in accordance with regulations of the commissioner

25 after consultation with local school district officials. The adminis-

26 trative component shall include, but need not be limited to, office and

27 central administrative expenses, traveling expenses and salaries and

28 benefits of all certified school administrators and supervisors who

29 spend a majority of their time performing administrative or supervisory

30 duties, any and all expenditures associated with the operation of the

31 board of education, the office of the superintendent of schools, general

32 administration, the school business office, consulting costs not direct-

33 ly related to direct student services and programs, planning and all

34 other administrative activities. The program component shall include,

35 but need not be limited to, all program expenditures of the school

36 district, including the salaries and benefits of teachers and any school

37 administrators or supervisors who spend a majority of their time

38 performing teaching duties, and all transportation operating expenses.

39 The capital component shall include, but need not be limited to, all

40 transportation capital, debt service, and lease expenditures; costs

41 resulting from judgments in tax certiorari proceedings or the payment of

42 awards from court judgments, administrative orders or settled or compro-

43 mised claims; and all facilities costs of the school district, including

44 facilities lease expenditures, the annual debt service and total debt

45 for all facilities financed by bonds and notes of the school district,

46 and the costs of construction, acquisition, reconstruction, rehabili-

47 tation or improvement of school buildings, provided that such budget

48 shall include a rental, operations and maintenance section that includes

49 base rent costs, total rent costs, operation and maintenance charges,

50 cost per square foot for each facility leased by the school district,

51 and any and all expenditures associated with custodial salaries and

52 benefits, service contracts, supplies, utilities, and maintenance and

53 repairs of school facilities. For the purposes of the development of a

54 budget for the nineteen hundred ninety-seven--ninety-eight school year,

55 the board of education shall separate its program, capital and adminis-

56 trative costs for the nineteen hundred ninety-six--ninety-seven school

1 year in the manner as if the budget for such year had been presented in

2 three components. Except as provided in subdivision four OF THIS

3 SECTION, nothing in this section {,} shall preclude the board, in its

4 discretion, from submitting additional items of expenditure to the

5 voters for approval as separate propositions or the voters from submit-

6 ting propositions pursuant to {section} SECTIONS two thousand eight and

7 two thousand thirty-five of this chapter.

8 4. In the event the qualified voters of the district reject the budg-

9 et proposed pursuant to subdivision three of this section, the board may

10 propose to the voters a revised budget or may adopt a contingency budget

11 pursuant to subdivision five of this section AND SUBDIVISION FIVE OF

12 SECTION TWO THOUSAND TWENTY-TWO OF THIS CHAPTER. The school district

13 budget for any school year, or any part of such budget or any proposi-

14 tions involving the expenditure of money for such school year shall not

15 be submitted for a vote of the qualified voters more than twice. IN THE

16 EVENT THE QUALIFIED VOTERS REJECT THE RESUBMITTED BUDGET, THE BOARD

17 SHALL ADOPT A CONTINGENCY BUDGET IN ACCORDANCE WITH SUBDIVISION FIVE OF

18 THIS SECTION AND SUBDIVISION FIVE OF SUCH SECTION TWO THOUSAND

19 TWENTY-TWO OF THIS CHAPTER.

20 S 29. Subdivision 5 of section 2601-a of the education law, as added

21 by chapter 171 of the laws of 1996, is amended to read as follows:

22 5. If the qualified voters fail or refuse to vote the sum estimated to

23 be necessary for teachers` salaries and other ordinary contingent

24 expenses, the board shall adopt a contingency budget in accordance with

25 this subdivision and shall levy a tax for that portion of such sum

26 remaining after applying thereto the moneys received or to be received

27 from state, federal or other sources, in the same manner as if the budg-

28 et had been approved by the qualified voters; SUBJECT TO THE LIMITATIONS

29 IMPOSED IN SUBDIVISION FOUR OF SECTION TWO THOUSAND TWENTY-THREE OF THIS

30 CHAPTER AND THIS SUBDIVISION. The administrative component shall not

31 comprise a greater percentage of the contingency budget exclusive of the

32 capital component than the lesser of (1) the percentage the administra-

33 tive component had comprised in the prior year budget exclusive of the

34 capital component; or (2) the percentage the administrative component

35 had comprised in the last proposed defeated budget exclusive of the

36 capital component. Such contingency budget shall include the sum deter-

37 mined by the board to be necessary for:

38 (a) teachers` salaries, including the salaries of all members of the

39 teaching and supervising staff;

40 (b) items of expense specifically authorized by statute to be incurred

41 by the board of education, including, but not limited to, expenditures

42 for transportation to and from regular school programs included as ordi-

43 nary contingent expenses in subdivision twelve of section twenty-five

44 hundred three of this chapter, expenditures for textbooks, required

45 services for non-public school students, school health services, special

46 education services, kindergarten and nursery school programs, and the

47 district`s share of the administrative costs and costs of services

48 provided by a board of cooperative educational services;

49 (c) items of expense for legal obligations of the district, including,

50 but not limited to, contractual obligations, debt service, court orders

51 or judgments, orders of administrative bodies or officers, and standards

52 and requirements of the board of regents and the commissioner that have

53 the force and effect of law;

54 (d) the purchase of library books and other instructional materials

55 associated with a library;

1 (e) items of expense necessary to maintain the educational programs of

2 the district, preserve the property of the district or protect the

3 health and safety of students and staff, including, but not limited to,

4 support services, pupil personnel services, the necessary salaries for

5 the necessary number of non-teaching employees, necessary legal

6 expenses, water and utility charges, instructional supplies for teach-

7 ers` use, emergency repairs, temporary rental of essential classroom

8 facilities, and expenditures necessary to advise school district voters

9 concerning school matters; and

10 (f) EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD TRIPS AND OTHER

11 EXTRACURRICULAR ACTIVITIES; AND

12 (G) any other item of expense determined by the commissioner to be an

13 ordinary contingent expense in any school district.